Common use of Tribe’s Marks Clause in Contracts

Tribe’s Marks. The Manager agrees to recognize the exclusive right of ownership of the Tribe to all of the Tribe's service marks, trademarks, copyrights, trade names, patents or other similar rights or registrations, now or hereafter held or applied for in connection therewith; these marks shall include all marks which are unique to and developed for the Gaming Facility (collectively, the "Tribe's Marks"). The Manager hereby disclaims any right or interest therein, regardless of any legal protection afforded thereto. The Manager acknowledges that all of the Tribe's Marks might not be used in connection with the Gaming Enterprise, and the Tribe shall have sole discretion to determine which Tribe's Marks shall be so used. The Manager shall not use the Tribe's name, or any variation thereof, directly or indirectly, in connection with (a) a private placement or public sale of securities or other comparable means of financing or (b) press releases and other public communications, without the prior written approval of the Tribe. The Tribe and Manager hereby agree that in the event the Tribe and/or Manager is (are) the subject of any litigation or action brought by any party seeking to restrain the use, for or with respect to the Gaming Enterprise, by the Tribe and/or Manager of any Tribe's ▇▇▇▇ used by Manager for or in connection with the Gaming Enterprise, any such litigation or action shall be defended entirely at the expense of the Tribe, notwithstanding that the Tribe may not be named as a party thereto. In the event the Tribe desires to bring suit against any user of any Tribe's ▇▇▇▇, seeking to restrain such user from using any Tribe's ▇▇▇▇, then such suit shall be brought only with the consent of the Tribe and at the expense of the Tribe notwithstanding that such user may be a prior or subsequent user. In all cases the conduct of any suit whether brought by the Tribe and/or Manager or instituted against the Tribe and/or Manager shall be under the absolute control of the Tribe notwithstanding that the Tribe may not be a party to such suit. The Manager, at its sole cost, shall have the right to engage its own legal counsel and the Manager's own counsel shall have the right to non-controlling participation in any such litigation. The Manager shall have the right at any time during the course of such litigation to withdraw from participation therein.

Tribe’s Marks. The Manager agrees to recognize the exclusive right of ownership of the Tribe to all of the Tribe's ’s service marks, trademarks, copyrights, trade names, patents or other similar rights or registrations, now or hereafter held or applied for in connection therewith; these marks shall include all marks which are unique to and developed for the Gaming Facility (collectively, the "“Tribe's ’s Marks"”). The Manager hereby disclaims any right or interest therein, regardless of any legal protection afforded thereto. The Manager acknowledges that all of the Tribe's ’s Marks might not be used in connection with the Gaming Enterprise, and the Tribe shall have sole discretion to determine which Tribe's ’s Marks shall be so used. The Manager shall not use the Tribe's ’s name, or any variation thereof, directly or indirectly, in connection with (a) a private placement or public sale of securities or other comparable means of financing or (b) press releases and other public communications, without the prior written approval of the Tribe. The Tribe and Manager hereby agree that in the event the Tribe and/or Manager is (are) the subject of any litigation or action brought by any party seeking to restrain the use, for or with respect to the Gaming Enterprise, by the Tribe and/or Manager of any Tribe's ’s ▇▇▇▇ used by Manager for or in connection with the Gaming Enterprise, any such litigation or action shall be defended entirely at the expense of the Tribe, notwithstanding that the Tribe may not be named as a party thereto. In the event the Tribe desires to bring suit against any user of any Tribe's ’s ▇▇▇▇, seeking to restrain such user from using any Tribe's ’s ▇▇▇▇, then such suit shall be brought only with the consent of the Tribe Tribe, and at the expense of the Tribe Tribe, notwithstanding that such user may be a prior or subsequent user. In all cases the conduct of any suit whether brought by the Tribe and/or Manager on behalf of the Tribe or instituted against the Tribe and/or Manager shall be under the absolute control of the Tribe notwithstanding that the Tribe may not be a party to such suit. The Manager, at its sole cost, shall have the right to engage its own legal counsel and the Manager's ’s own counsel shall have the right to non-controlling participation in any such litigation. The Manager shall have the right at any time during the course of such litigation to withdraw from participation therein. The Tribe hereby agrees to hold Manager harmless from and to indemnify Manager against any judgments or awards of any court or administrative agency of competent jurisdiction, whether such awards be in the form of damages, costs or otherwise, which Manager is required to pay and/or pays arising from the use of any Tribe’s Marks or names or similar rights or registrations for or in connection with the Enterprise; provided, however, that Manager cannot effect a settlement of such suit without the prior written consent of the Tribe.

Tribe’s Marks. The Manager agrees to recognize the exclusive right of ownership of the Tribe or the Authority to all of the Tribe's ’s or the Authority’s service marks, trademarks, copyrights, trade names, patents or other similar rights or registrations, now or hereafter held or applied for in connection therewith; these marks shall include all marks which are unique to and developed for the Gaming Facility (collectively, the "“Tribe's ’s Marks"”). The Manager hereby disclaims any right or interest therein, regardless of any legal protection afforded thereto. The Manager acknowledges that all of the Tribe's ’s Marks might not be used in connection with the Gaming Enterprise, and the Tribe or the Authority shall have sole discretion to determine which Tribe's ’s Marks shall be so used. The Manager shall not use the Tribe's ’s name, or any variation thereof, directly or indirectly, in connection with (a) a private placement or public sale of securities or other comparable means of financing or (b) press releases and other public communications, without the prior written approval of the Tribe. The Tribe Authority and Manager hereby agree that in the event the Tribe Tribe, the Authority and/or Manager is (are) the subject of any litigation or action brought by any party seeking to restrain the use, for or with respect to the Gaming Enterprise, by the Tribe Tribe, the Authority and/or Manager of any Tribe's ’s ▇▇▇▇ used by Manager for or in connection with the Gaming Enterprise, any such litigation or action shall be defended entirely at the expense of the TribeTribe or the Authority, as applicable, notwithstanding that the Tribe or the Authority may not be named as a party thereto. In the event the Tribe or the Authority desires to bring suit against any user of any Tribe's ’s ▇▇▇▇, seeking to restrain such user from using any Tribe's ’s ▇▇▇▇, then such suit shall be brought only with the consent of the Tribe or the Authority, as applicable, and at the expense of the Tribe or the Authority, as applicable, notwithstanding that such user may be a prior or subsequent user. In all cases the conduct of any suit whether brought by the Tribe and/or Manager on behalf of the Authority or instituted against the Tribe Tribe, the Authority and/or Manager shall be under the absolute control of the Tribe notwithstanding that the Tribe may not be a party to such suit. The Manager, at its sole cost, shall have the right to engage its own legal counsel and the Manager's ’s own counsel shall have the right to non-controlling participation in any such litigation. The Manager shall have the right at any time during the course of such litigation to withdraw from participation therein. The Authority hereby agrees to hold Manager harmless from and to indemnify Manager against any judgments or awards of any court or administrative agency of competent jurisdiction, whether such awards be in the form of damages, costs or otherwise, which Manager is required to pay and/or pays arising from the use of any Tribe’s Marks or names or similar rights or registrations for or in connection with the Enterprise; provided, however, that Manager cannot effect a settlement of such suit without the prior written consent of the Authority.