Common use of USE OF PLAYERS Clause in Contracts

USE OF PLAYERS. (a) LICENSEE acknowledges that this Agreement does not grant to LICENSEE any licenses or rights with respect to the use of Player Attributes except on Licensed Product as expressly provided herein and in advertising and promotional materials specifically approved by NBAP. The license granted under this Agreement does not include, and shall not be used to imply, a testimonial or endorsement of any Licensed Products by any NBA player. LICENSEE shall not use Player Attributes in any manner that is a testimonial or endorsement without first obtaining written authorization from the subject player(s) ("Endorsement Rights"). LICENSEE shall not enter into any agreement with any NBA player which would require that player to wear any LICENSEE- identified item in or at any NBA game, competition or event (either courtside or in any locker room). (b) LICENSEE may enter into an "exclusive" Endorsement Rights agreement with a current NBA player but acknowledges that, notwithstanding any such exclusivity, under the group license agreement between NBAP and the National Basketball Players Association (the "Group License"), such player has no right to "opt-out" with respect to the trading card category. Accordingly, LICENSEE further acknowledges that NBAP shall continue to license to other trading card manufacturers the right to use the Licensed Attributes of such player. Notwithstanding the foregoing, NBAP shall not permit any other trading card manufacturer to use the Licensed Attributes of any player for whom LICENSEE has secured Endorsement Rights in any manner that is a testimonial or endorsement of such other manufacturers product (e.g., use with greater prominence than other players depicted in the materials submitted to NBAP for approval). In the event a new Group License is entered into during the Term and the non opt-out categories therein are expanded to include additional products that are licensed under this Agreement (i.e., stickers), such products shall be treated under this Agreement consistent with the principles of this Paragraph. (c) In the event any current NBA player retires or becomes inactive, or enters into an exclusive license agreement with respect to an "opt-out" category of products (e.g., stickers) that conflicts with the rights granted hereunder, upon receipt of written notice from NBAP that such a player has become inactive, or entered into a conflicting exclusive license agreement, LICENSEE shall cease and/or cause to cease the use of such players Licensed Attributes in the manufacture, distribution, advertisement, promotion and sale of any applicable Licensed Product within seventy (70) days of receipt of NBAP's notice, said seventy (70) day period being commensurate with the sell-off period provided in the Group License. In the event that a new Group License is entered into during the Term and the sell-off period therein is extended beyond seventy (70) days with respect to any product category covered by this Agreement, NBAP agrees that the sell-off period in this Paragraph 19(c) shall be similarly extended.

USE OF PLAYERS. (a) LICENSEE acknowledges that this Agreement does not grant to LICENSEE any licenses or rights with respect to the use of Player Attributes except on Licensed Product as expressly provided herein and in advertising and promotional materials specifically approved by NBAP. The license granted under this Agreement does not include, and shall not be used to imply, a testimonial or endorsement of any Licensed Products by any NBA player. LICENSEE shall not use Player Attributes in any manner that is a testimonial or endorsement without first obtaining written authorization from the subject player(s) ("Endorsement Rights"). LICENSEE shall not enter into any agreement with any NBA player or any other person which would require that player or other person to wear any LICENSEE- LICENSEE-identified item in or at any NBA game, competition or event (either courtside or in any locker room)) or at practice. (b) LICENSEE may enter into an "exclusive" Endorsement Rights agreement with a current NBA player but acknowledges that, notwithstanding any such exclusivity, under the group license agreement between NBAP and the National Basketball Players Association (the "Group License"), such player has no right to "opt-out" with respect to the trading card category. Accordingly, LICENSEE further acknowledges that NBAP shall continue to license to other trading card manufacturers the right to use the Licensed Attributes of such player. Notwithstanding the foregoing, NBAP shall not permit any other trading card manufacturer to use the Licensed Attributes of any player for whom LICENSEE has secured Endorsement Rights in any manner that is a testimonial or endorsement of such other manufacturers manufacturer's product (e.g., use with greater prominence than other players depicted in the materials submitted to NBAP for approval). In the event a new Group License is entered into during the Term and the non opt-out categories therein are expanded to include additional products that are licensed under this Agreement (i.e., stickers), such products shall be treated under this Agreement consistent with the principles of this Paragraph. (c) In the event any current NBA player retires or becomes inactive, or enters into an exclusive license agreement with respect to an "opt-out" category of products (e.g., stickers) that conflicts with the rights granted hereunder, upon receipt of written notice from NBAP that such a player has become inactive, or entered into a conflicting exclusive license agreement, LICENSEE shall cease and/or cause to cease the use of such players player's Licensed Attributes in the manufacture, distribution, advertisement, promotion and sale of any applicable Licensed Product within seventy (70) days of receipt of NBAP's notice, said seventy (70) day period being commensurate with the sell-off period provided in the Group License. In the event that a new Group License is entered into during the Term and the sell-off period therein is extended beyond seventy (70) days with respect to any product category covered by this Agreement, NBAP NBA) agrees that the sell-off period in this Paragraph 19(c) shall be similarly extended.