Marketing Fund. County has established a marketing fund for the Airport to conduct sales promotions, Airport-wide advertising, and related activities intended to promote the Airport and its tenants. Commencing January 1 of each calendar year, TENANT shall be required to make an annual marketing fund payment in the amount of ten thousand dollars ($10,000.00). TENANT agrees to pay this amount on or before January I of each year. All monies received by the Airport for the marketing fund shall be used solely for the purpose of Airport tenants' promotions and directly related expenses. In the event any year of the LEASE contains less than 12 months, TENANT shall pay a pro-rata portion of the annual amount corresponding to the number of months remaining in that calendar year. For example, if the LEASE commences on November 1, TENANT shall pay the monthly pro-rata portion ($833.33 per month) of the annual marketing fund amount for November and December (totaling $1,666.66). Then, commencing on January 1, TENANT shall make the full annual marketing fund payment of $10,000.00. Should the LEASE expire on September 15, TENANT shall pay a pro-rata portion of the annual amount for the months of January through September.
Marketing Fund. (a) During the term hereof, Landlord shall maintain a marketing fund ("Marketing Fund") which shall be used by Landlord to pay all costs and expenses associated with the formulation and carrying out of an ongoing program for the promotion of the Shopping Center, which program may include, without limitation, special events, shows, displays, signs, marquees, decor, seasonal events, advertising for the Shopping Center, promotional literature to be distributed within and outside the Shopping Center and other activities within the Shopping Center designed to attract customers.
Marketing Fund. Bank will establish and administer the Marketing Fund in accordance with the provisions set forth on Schedule 6.2 hereto.
Marketing Fund. Recognizing the value of uniform advertising and promotion to the goodwill and public image of the Marks, Licensor will establish and maintain a marketing fund. Licensor will deposit at least 3% of the royalty fees and marketing fees that it receives from Distributor and other Authorized Distributors on an annual basis into the marketing fund. The marketing fund will be used for marketing, advertising, sales promotion and promotional materials, public and consumer relations, publicity, and any other programs that Licensor deems necessary or appropriate (“Marketing Campaigns”). Licensor has sole discretion in determining the content, concepts, materials, media, endorsements, frequency, placement, location and all other matters pertaining to any Marketing Campaign. Licensor will not use marketing fund fees to defray any of Licensor’s general operating expenses, except for such reasonable salaries, administrative costs and overhead as Licensor may incur in activities reasonably related to the administration of the marketing fund and the Marketing Campaigns (which may include, without limitation: conducting market research, preparing and conducting television, radio, magazine, billboard, newspaper and other media programs and activities and employing advertising agencies, and paying for the preparation and distribution of marketing materials and financial accountings of the operation of the marketing fund). Unless otherwise agreed to by Distributor in its commercially reasonable discretion, Licensor on an annual basis will use reasonable efforts to expend monies from the marketing fund equal to the amount of the annual contribution. Any excess amount will be carried over and applied in the following calendar year. Any surplus of funds in the marketing fund may be invested and Licensor may lend money to the marketing fund if there is a deficit. The marketing fund is not a trust and Licensor has no fiduciary obligations to Distributor with respect to Licensor’s administration of the marketing fund. Upon request, Licensor will provide Distributor with an accounting of contributions into and disbursements from the marketing fund demonstrating compliance with this Section.
Marketing Fund. Our experience and business judgment is that a unified marketing program, on both a local and broader level, is an essential factor in the potential success of all Plantation Stores, to achieve top-of-mind awareness in potential customers, to build and retain goodwill associated with the Names and Marks thereby hopefully benefiting all Coffee Plantation operators, to create improved brand loyalty among new and future customers and to achieve a favorable retail position for all Plantation Stores. To maximize the possibility of obtaining these goals, you and we have agreed to a marketing program as follows: We've instituted an advertising, publicity and marketing fund (the "Marketing Fund") for such advertising, advertising-related, marketing and/or public relations programs, services and/or materials as we, in our sole and absolute discretion, may deem necessary or appropriate to promote Plantation Stores. The Marketing Fund may be combined with any marketing fund otherwise established for Plantation Stores and the funds merged for use in accordance with this Agreement. You will contribute to the Marketing Fund three percent (3%) of the Gross Sales of your Plantation Store (we may reduce or waive this amount on an individual or other basis in our sole and absolute discretion.) Marketing Fund Contributions will be calculated and paid at the same time, in the same manner, and for the same periods, as royalty payments. We will cause each Plantation Store owned by us or any affiliate to make contributions to the Marketing Fund based on the contribution rate generally in effect at the time such Plantation Store most recently came under our ownership. You understand that, due to differing forms of Franchise Agreements or otherwise, some Coffee Plantation Franchisees may 36 have different Marketing Fund and/or other obligations than in this Agreement. We will have sole and absolute discretion over all matters relating to the Marketing Fund in any way, including (but not limited to) its management, all financial matters, expenditures, receipts and/or investments by the Marketing Fund, timing of expenditures, creative concepts, content, materials and endorsements for any marketing programs, together with the geographic, market, and media placement and allocation thereof. The Marketing Fund may be used, in our sole and absolute discretion, to (among other things) pay costs of new product development, menu boards and other signage, preparing, producing, distributing a...
Marketing Fund. Management Company will, during the term of this Agreement, maintain, manage and administer the Marketing Fund for the benefit of all hotels in the Fairfield Inn system. Owner will contribute to the Marketing Fund an annual amount determined by Management Company, such amount to be contributed on an Accounting Period basis within thirty days after the end of each Accounting Period; provided, however, that if any Fairfield Inn property in the system at any time shall not be required to contribute to the Marketing Fund or is required to contribute on a basis that is more favorable to the owner thereof than the foregoing, then the contribution to the Marketing Fund hereunder shall be calculated and paid on the same basis as for such other Fairfield Inn property. Funds in the Marketing Fund shall be expended only for the purposes of the Marketing Fund. Management Company shall furnish to Owner, upon request, an annual report setting forth the amount of contributions to the Marketing Fund and the general breakdown of expenditures therefrom during the preceding Fiscal Year.
Marketing Fund. If required by Section 1.11 above, Landlord shall establish a marketing fund (the "Marketing Fund") to market, advertise and promote the entire Project in accordance with long-range, coordinated marketing plans including advertising through various media, a community relations program, special events and promotions. Tenant shall make a contribution to the Marketing Fund in the amount specified in Section 1.11. The Marketing Fund contribution shall be increased (but never decreased), effective on the first day of each calendar year during the Lease Term, in accordance with the procedure described in Section 5.8 (for which purposes "Base Amount" shall mean the amount specified in Section 1.11, "Base Month" shall mean the month in which the Rent Commencement Date occurs, and "Month of Adjustment" shall mean any month in which the Marketing Fund contribution is to be increased pursuant to this Section). Such Marketing Fund contribution shall be made in advance as of the first day of each calendar year upon receipt of landlord's invoice for same. Landlord shall control and administer the Marketing Fund with advice from such advisory group as a majority of the tenants at the Project shall select and Landlord shall have the right to recoup from the Marketing Fund its costs of administering the Marketing Fund.
Marketing Fund per gallon shall be paid to the Fountain Account. To qualify for this fund, the Fountain Account agrees to perform a minimum of *** of the following activities annually: Mutually agreeable *** ; Annual crew incentive programs; Placement of XX XXXXXX identified point of purchase materials; Trademark co-op advertising that supports mutually agreeable initiatives.
Marketing Fund. Tenant shall pay to Landlord the sum of [***] in advance on the first day of each and every calendar month, or the amount voted on by a majority of the tenants in the Shopping Center, whichever is greater, toward the expense of advertising and for promotional activities. Landlord shall, annually, make a contribution to the Marketing Fund in an amount equal to the amount contributed by the tenants in the Shopping Center.
Marketing Fund. Tenant shall pay to Landlord the sum which is set forth in the Lease Agreement to which this is an Exhibit as its contribution to the Marketing Fund. Such payment shall be deemed to be additional rental and shall be paid in advance on the first day of each and every calendar month during the term and, at Landlord's request, shall be paid separately from any other payments due under this Lease. Such amount, or such greater amount voted on by a majority of tenants in the Shopping Center, shall be paid to Landlord to be utilized toward the expense of advertising and for promotional activities. Funds so paid by Tenant shall be expanded for said activities by or under the direction of Landlord, or by such person, firm or corporation in whom or to which Landlord may delegate such authority. The mall manager and other mall personnel employed by Landlord may be designated by Landlord to be the promotional director or to otherwise perform such services. In the event any employees of the Landlord perform promotion work, Landlord shall deduct from the Marketing Fund the reasonable cost and expense thereof. The amounts payable under this subparagraph shall be adjusted on January 1 of each calender year of the term from and after January 1 of the year following the Commencement Date and annually thereafter during the term of this lease and any extension or renewal thereof by a percentage equal to [***]. All items (19X2-KR=100), published by the Bureau of Labor Statistics of the United States Department of Labor ("CPI") on the date closest to the date hereinbefore designated for such adjustment over the base CPI figure published for the month in which the Commencement Date occurs. If, from time to time during the term of this Lease and any extension or renewal thereof, the United States Department of Labor, Bureau of Labor Statistics ceases to maintain said CPI, such other index or standards as will most nearly accomplish the aim and purpose of said CPI as reasonably determined by Landlord shall be used in determining the amount of any such adjustment. In the event Landlord is required to contribute to the Marketing Fund, such contribution may be satisfied in whole or in part by contribution of 1(l) a Promotional Director, Promotional or Advertising Coordinator or Shopping Center or Mall Manager.
