Approval Mechanism. 16.4.1. All promotional, marketing and branding material incorporating the Marks (“Materials”) shall be submitted to VW for its prior approval. Upon VW’s request, the ORGANISER agrees to submit for VW approval, full and accurate representations of the final samples of the Materials at least 30 (thirty) days prior its release (prior to the Event for branding Materials). Submission shall be through Digital Asset Management (“DAM”) Platform or as otherwise notified by VW. Non-English Materials shall be accompanied by English translation. 16.4.2. VW shall use its reasonable endeavors to approve or reject, the submitted Materials within three (3) business days from the ORGANISER’s request. If VW has not provided its feedback within three (3) business days, the Materials shall be deemed rejected. 16.4.3. Approval of an item by VW shall not be deemed to constitute any of the following: a. a waiver of VW’s rights hereunder; b. a confirmation by VW with respect to the ORGANISER’s compliance with the rights of third parties. 16.4.4. If the ORGANISER release any Materials in breach of this Clause 16, VW may instruct the ORGANISER, and ORGANISER shall adhere, to remove such Materials from circulation and discontinue any further use immediately. In case of non-compliance, VW may remove the Materials at the ORGANISER’s expenses. 16.4.5. The ORGANISER shall do its utmost in order to ensure that its commercial partners and licensees, whether inside or outside the Host Country, comply with VW mandatory approval mechanism under Clause 16.4 and in case of breach, the ORGANISER shall remain liable vis-a-vis VW.
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Sources: Event Agreement, Event Agreement, Event Agreement