Common use of Intangible Personal Property Clause in Contracts

Intangible Personal Property. To the extent transferable, all of Lake Seller’s right, title and interest in the intangible personal property appurtenant to the ownership, operation and use of Lake Park Golf Club including, without limitation, Lake Seller’s right, title and interest in the following to the extent transferable and appurtenant to the ownership, operation and use of Lake Park Golf Club (collectively referred to herein as the “Lake Intangible Personal Property”; provided however, that the Lake Intangible Personal Property shall not include any Excluded Property): (a) All Lake Licenses and Permits; (b) All plans and specifications, blue prints, architectural plans, golf course designs, engineering drawings and similar items; (c) All surveys, topographical surveys and environmental and soils reports; (d) All software licenses, telephone number listings in directories, customer files, guest lists, credit records, labels, promotional literature and security codes. (e) All proprietary rights Lake Seller may have with respect to the use of the name “Lake Park Golf Club” and any variations thereof, including course-specific, stand-alone internet sites and domain names; (f) Tradenames, trademarks, service marks, and logos with respect to the name “Lake Park Golf Club” and “Lake Park Executive Course” (the “Lake Marks and Logos”); (g) The Lake Contracts; and (h) All product and service warranties and guaranties to the extent relating to the period after Closing.

Intangible Personal Property. To the extent transferable, all of Lake Mansfield Seller’s right, title and interest in the intangible personal property appurtenant to the ownership, operation and use of Lake Park Mansfield National Golf Club including, without limitation, Lake Mansfield Seller’s right, title and interest in the following to the extent transferable and appurtenant to the ownership, operation and use of Lake Park Mansfield National Golf Club (collectively referred to herein as the “Lake Mansfield Intangible Personal Property”; provided however, that the Lake Mansfield Intangible Personal Property shall not include any Excluded Property): (a) All Lake Mansfield Licenses and Permits; (b) All plans and specifications, blue prints, architectural plans, golf course designs, engineering drawings and similar items; (c) All surveys, topographical surveys and environmental and soils reports; (d) All software licenses, telephone number listings in directories, customer files, guest lists, credit records, labels, promotional literature and security codes. (e) All proprietary rights Lake Mansfield Seller may have with respect to the use of the name “Lake Park Mansfield National Golf Club” and any variations thereof, including course-specific, stand-alone internet sites and domain names; (f) Tradenames, trademarks, service marks, and logos with respect to the name “Lake Park Mansfield National Golf Club” and “Lake Park Executive Course” (the “Lake Mansfield Marks and Logos”)) and any rights under any licenses held by Seller with regard to the Mansfield Marks and Logos; (g) The Lake Mansfield Contracts; and (h) All product and service warranties and guaranties to the extent relating to the period after Closing.

Intangible Personal Property. To the extent transferable, all of Lake Fossil Seller’s right, title and interest in the intangible personal property appurtenant to the ownership, operation and use of Lake Park Fossil Creek Golf Club including, without limitation, Lake Fossil Seller’s right, title and interest in the following to the extent transferable and appurtenant to the ownership, operation and use of Lake Park Fossil Creek Golf Club (collectively referred to herein as the “Lake Fossil Intangible Personal Property”; provided however, that the Lake Fossil Intangible Personal Property shall not include any Excluded Property): (a) All Lake Fossil Licenses and Permits; (b) All plans and specifications, blue prints, architectural plans, golf course designs, engineering drawings and similar items; (c) All surveys, topographical surveys and environmental and soils reports; (d) All software licenses, telephone number listings in directories, customer files, guest lists, credit records, labels, promotional literature and security codes. (e) All proprietary rights Lake Fossil Seller may have with respect to the use of the name “Lake Park The Golf ClubClub at Fossil Creek” and any variations thereof, including course-specific, stand-alone internet sites and domain names; (f) Tradenames, trademarks, service marks, and logos with respect to the name “Lake Park The Golf Club” and “Lake Park Executive CourseClub at Fossil Creek” (the “Lake Fossil Marks and Logos”); (g) The Lake Fossil Contracts; and (h) All product and service warranties and guaranties to the extent relating to the period after Closing.

Intangible Personal Property. To the extent transferable, all of Lake Cinco Seller’s right, title and interest in the intangible personal property appurtenant to the ownership, operation and use of Lake Park Cinco Ranch Golf Club including, without limitation, Lake Cinco Seller’s right, title and interest in the following to the extent transferable and appurtenant to the ownership, operation and use of Lake Park Cinco Ranch Golf Club (collectively referred to herein as the “Lake Cinco Intangible Personal Property”; provided provided, however, that the Lake Cinco Intangible Personal Property shall not include any Excluded Property): (a) All Lake Cinco Licenses and Permits; (b) All plans and specifications, blue prints, architectural plans, golf course designs, engineering drawings and similar items; (c) All surveys, topographical surveys and environmental and soils reports; (d) All software licenses, telephone number listings in directories, customer files, guest lists, credit records, labels, promotional literature and security codes. (e) All proprietary rights Lake Cinco Seller may have with respect to the use of the name “Lake Park The Golf ClubClub at Cinco Ranch” and any variations thereof, including course-specific, stand-alone internet sites and domain names; (f) Tradenames, trademarks, service marks, and logos with respect to the name “Lake Park The Golf Club” and “Lake Park Executive CourseClub at Cinco Ranch” (the “Lake Cinco Marks and Logos”); (g) The Lake Cinco Contracts; and (h) All product and service warranties and guaranties to the extent relating to the period after Closing.

Intangible Personal Property. To the extent transferable, all of Lake Canyon Seller’s right, title and interest in the intangible personal property appurtenant to the ownership, operation and use of Lake Park Canyon Springs Golf Club including, without limitation, Lake Canyon Seller’s right, title and interest in the following to the extent transferable and appurtenant to the ownership, operation and use of Lake Park Canyon Springs Golf Club (collectively referred to herein as the “Lake Canyon Intangible Personal Property”; provided however, that the Lake Canyon Intangible Personal Property shall not include any Excluded Property): (a) All Lake Canyon Licenses and Permits; (b) All plans and specifications, blue prints, architectural plans, golf course designs, engineering drawings and similar items; (c) All surveys, topographical surveys and environmental and soils reports; (d) All software licenses, telephone number listings in directories, customer files, guest lists, credit records, labels, promotional literature and security codes. (e) All proprietary rights Lake Canyon Seller may have with respect to the use of the name “Lake Park Canyon Springs Golf Club” and any variations thereof, including course-specific, stand-alone internet sites and domain names; (f) Tradenames, trademarks, service marks, and logos with respect to the name “Lake Park Canyon Springs Golf Club” and “Lake Park Executive Course” (the “Lake Canyon Marks and Logos”);; and (g) The Lake Canyon Contracts; and (h) All product and service warranties and guaranties to the extent relating to the period after Closing.

Intangible Personal Property. To the extent transferable, all of Lake Plantation Seller’s right, title and interest in the intangible personal property appurtenant to the ownership, operation and use of Lake Park Plantation Golf Club including, without limitation, Lake Plantation Seller’s right, title and interest in the following to the extent transferable and appurtenant pertinent to the ownership, operation and use of Lake Park Plantation Golf Club and the Plantation Personal Property (collectively referred to herein as the “Lake Plantation Intangible Personal Property”; provided provided, however, that the Lake Plantation Intangible Personal Property shall not include any Excluded Property): (a) All Lake Plantation Licenses and Permits; (b) All plans and specifications, blue prints, architectural plans, golf course designs, engineering drawings and or similar items; (c) All surveys, topographical surveys and environmental and soils reports; (d) All software licenses, telephone number listings in directories, customer files, guest lists, credit records, labels, promotional literature and security codes. (e) All proprietary rights Lake Plantation Seller may have with respect to the use of the name “Lake Park Plantation Golf Club” and any variations thereof, including course-specific, stand-alone internet sites and domain names; (f) Tradenames, trademarks, service marks, and logos with respect to the name “Lake Park Plantation Golf Club” and “Lake Park Executive Course” (the “Lake Plantation Marks and Logos”); (g) The Lake Plantation Approval Contracts; and (h) All product and service warranties and guaranties to the extent relating to the period after Closing.

Intangible Personal Property. To the extent transferable, all of Lake Clear Seller’s right, title and interest in the intangible personal property appurtenant to the ownership, operation and use of Lake Park Clear Creek Golf Club including, without limitation, Lake Clear Seller’s right, title and interest in the following to the extent transferable and appurtenant to the ownership, operation and use of Lake Park Clear Creek Golf Club (collectively referred to herein as the “Lake Clear Intangible Personal Property”; provided however, that the Lake Clear Intangible Personal Property shall not include any Excluded Property): (a) All Lake Clear Licenses and Permits; (b) All plans and specifications, blue prints, architectural plans, golf course designs, engineering drawings and similar items; (c) All surveys, topographical surveys and environmental and soils reports; (d) All software licenses, telephone number listings in directories, customer files, guest lists, credit records, labels, promotional literature and security codes. (e) All proprietary rights Lake Clear Seller may have with respect to the use of the name “Lake Park Clear Creek Golf Club” and any variations thereof, including course-specific, stand-alone internet sites and domain names; (f) Tradenames, trademarks, service marks, and logos with respect to the name “Lake Park Clear Creek Golf Club” and “Lake Park Executive Course” (the “Lake Clear Marks and Logos”); (g) The Lake Clear Contracts; and (h) All product and service warranties and guaranties to the extent relating to the period after Closing.