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<br />event names,i~e.htifications, and other proprietary rights and privileges licensed to or used by Kmart <br />(~2Unart MarJct;:~of Kmart or any subsidiary or other related entity for any purpose, including, <br />without limitation, in advertising and promoting the Event, without the prior express written . <br />consent in each instance of an authorized I<mart representative (which shall not include the Kmart <br />Store manager), which consent may be given, withheld or withdrawn in Kmart's sole and unfettered <br />discretion. Contractor acknowledges the exclusive right, title, interest and license of I<mart in and to <br />all Kmart Marks. This Agreement and its various provisions are not a license or assignment of any <br />right, title or interest in or right to use the Kmart Marks. Contractor shall not, in any manner, <br />represent that it has any ownership in or right to use the Kmart Marks. Contractor shall not do or <br />cause to be done anything that impairs Kmart's exclusive right, title, interest and license in the <br />Kmart Marks. <br /> <br />~". <br /> <br />. \O) <br />"- <br /> <br />(c) No press release or other public announcement shall be released by Contr:.ctor <br />concerning the existence of this Agreement or its terms without the prior express written conSt.":L of <br />Kmart in ~ach instance, which consent may be withheld or withdrawn for any or no reason in <br />I<mart's sole and unfettered discretion. <br /> <br />(c) Contractor shall be responsible for any breach of this Section and this Agreement by <br />its agents or employees. This Section 4 (including subsections) shall survive the expiration, <br />termination or revocation of this Agreement and the License granted hereunder. <br /> <br />5. Maintenance: Surrender; Utilities. <br /> <br />(a) Contractor shall keep the Promotional Area free from barriers that have not been <br />approved by Kmart in advance. Contractor shall keep the Promotional Area and other portions of <br />the Kmart Premises affected by the Event in a clean, neat and presentable condition at all times, free <br />from trash, spills and unsightly materials. Contractor must keep all trash receptacles out of sight. <br />Contractor shall, at its cost, provide for use by Contractor's employees, customers and invitees trash <br />receptacles and, if requested by Kmart, dumpsters and portable toilets. If provided, Contractor at its <br />cost shall cause such receptacles, dumpsters and toilets to be emptied twice weekly and for proper <br />off-site disposal. <br /> <br />(b) Within two (2) days after the end of the Event, Contractor shall, at its cost, have: (i) <br />removed all of the equipment and other property used in the Event from the Kmart Premises, (n) <br />swept, cleaned and removed trash and debris from the Promotional Area and other portions of the <br />Kmart Premises affected by the Event, (ill) repaired all damage to the Promotional Area and any <br />other area affected by the Event, so as to be in the same or better condition as immediately pri:)J to <br />the beginning of the Event, and (iv) unless requested by Kmart not to do so, cancel all governmental <br />approvals, permits and li~enses for the Event. <br /> <br />(c) On the date this Agreement expires or terminates, Contractor shall meet with a Kmart <br />representative. If, at such meeting, Kmart notifies Contractor that the Promotional Area and the <br />remainder of the Kmart Premises have not been cleaned and repaired to the satisfaction of Kmart, <br />then Contractor shall correct the deficiencies within two (2) business days after such meeting. This <br />Section 5 shall survive the expiration, tennination or revocation of this Agreement and the License <br />granted hereunder. <br /> <br />5 <br />