Common use of Premises Use Clause in Contracts

Premises Use. The Fair Board hereby leases to Bristol, and Bristol hereby leases from the Fair Board for the entire Term, the Premises for the purpose of operating the same for Speedway Events. The Parties acknowledge and agree that Bristol shall have sole control of, and sole financial responsibility for the operations on the Premises during the Term, including without limitation: (i) providing for the operation and Maintenance of the Premises; (ii) hiring and compensation of all personnel; (iii) contracting with third parties for the operation and Maintenance of the Premises; (iv) attracting and contracting for Speedway Events to be held at the Premises; (v) contracting for advertising at the Premises (including without limitation pursuant to Facility Sponsorship Agreements); (vi) advertising and marketing Speedway Events; and (vii) negotiating and contracting for the use of the Premises by third parties. Accordingly, Bristol shall have the exclusive right (subject only to the terms and conditions of this Lease) to possess, use and operate the Premises for Speedway Events, to retain all revenues therefrom while this Lease is in effect and to hold any Speedway Event, as well as parking and other uses that may be ancillary or related to the operation and use of the Premises for Speedway Events so long as such events are not prohibited by Applicable Law and do not constitute a default under this Lease. Notwithstanding anything to the contrary set out in this Lease, Bristol hereby agrees not to use or permit the use of the Premises for any of the uses described on Exhibit C attached hereto without the prior Approval of the Fair Board (collectively, the “Prohibited Uses”). It is expressly agreed that neither the Fair Board nor the Metropolitan Government may assert or take the position that the use of the Premises for any Speedway Events as contemplated under this Lease constitutes a nuisance or is otherwise prohibited by Applicable Law.

Premises Use. The Fair Board hereby leases to Bristol, and Bristol hereby leases from the Fair Board for the entire Term, the Premises for the purpose of operating the same for Speedway Events. The Parties acknowledge and agree that Bristol shall have sole control of, and sole financial responsibility for the operations on the Premises during the Term, including without limitation: (i) providing for the operation and Maintenance of the Premises; (ii) hiring and compensation of all personnel; (iii) contracting with third parties for the operation and Maintenance of the Premises; (iv) attracting and contracting for Speedway Events to be held at the Premises; (v) contracting for advertising at the Premises (including without limitation pursuant to Facility Sponsorship Agreements); (vi) advertising and marketing Speedway Events; and (vii) negotiating and contracting for the use of the Premises by third parties. Accordingly, Bristol shall have the exclusive right (subject only to the terms and conditions of this Lease) to possess, use and operate the Premises for Speedway Events, to retain all revenues therefrom while this Lease is in effect and to hold any Speedway Event, as well as parking and other uses that may be ancillary or related to the operation and use of the Premises for Speedway Events so long as such events are not prohibited by Applicable Law and do not constitute a default under this Lease. Notwithstanding anything to the contrary set out in this Lease, Bristol hereby agrees not to use or permit the use of the Premises for any of the uses described on Exhibit C attached hereto without the prior Approval of the Fair Board (collectively, the “Prohibited Uses”). It is expressly agreed that neither the Fair Board nor the Metropolitan Government may assert or take the position that the use of the Premises for any Speedway Events as contemplated under this Lease constitutes a nuisance or is otherwise prohibited by Applicable Law.