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Home My WebLink AboutPK17-128 - Original - The Wiffle Ball, Inc - Kent Memorial Park Wiffle Trademark Use Agreement - 3/3/17 M '0� ec rde � // X11111 KENT NVA9 H ONCTON / r//r/i' CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vender Name: The Wiffle Ball, Inc. WBI Vender Dumber: JD Edwards Number Contract Number: L�I - This is assigned by City Clerk's Office Project Name: Dent Memorial Park Wiffle Trademark Use Agreement Description: ❑ Interlocal Agreement ❑ Change Order C.D Amendment ® Contract ❑ Other:: Contract Effective Date: 3/3/2017 Termination Date: 2 C) ',: Contract Renewal Notice (Days): B Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/BL Department: Parks Planning & Dev. Contract Amount: $0.00 Approval Authority: 0 Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax 'id, etc.): A Use .mPermissiomn Agreement allowing the City of Kent use trademarks owned by The...... Wiffle Ball, Inc. company on a new Wiffle Ballfield to be constructed at Kent Memorial Park Division Contract #PPD17-10 adccW1087'7 s 1a USE PERMISSION AGREEMENT 5. Kent shall additionally use the following This Use Permission ("Agreement') is entered into notice at least once in signage at the Field and on by: each piece of tangible promotional material (if any) that features the WBI marks: "The name WIFFLEO The Wiffle Sall, Inc., of Shelton, Connecticut("WBI"), and the Images of WIFFLEO plastic ball and yellow and: bat are trademarks of the Wiffle Ball, Inc," The City of Kent, Washington ("Kent") & Kent shall maintain the Field in a safe and I T i ,-j high quality manner, except for regular and expected EISOAA,:�4-1) ',') 2017 ("Effective Date"). wear and tear during the field's estimated life, and will make reasonable efforts to ensure that alcohol A. Kent desires to use trademarks owned by and tobacco products are not consumed at the Field. WBI (the "WBI marks") in various media in the name and trade dress of a municipal 7. Kent will not seek to register any term recreation field (the "Field") located in the featuring the WBI marks as a trademark, copyright, City of Kent, Washington. domain name or social media user name and will not use the WBI marks on merchandise without written B. WBI is willing to grant Kent permission to authorization from WBI, Kent may, however, create use the trademarks, subject to the following: and use a social media or webpage advertising or otherwise promoting the Field. If such usage TERMS AND CONDITIONS includes the WBI marks, Kent will obtain a royalty- free domain:or social media license from WBI. 1. WBI hereby grants Kent a limited royalty- free license to use the WBI marks listed in the 8. WBI represents and warrants that it is the attached Exhibit 1 in the name of the Field and in sole owner of the WBI marks and that use of the promotional materials, signs, or other materials WBI marks described herein does not violate the advertising or promoting the Field and its availability rights of any third party. WBI hereby waives any for use. rights it may have to inspect and approve the finished product or such written or spoken copy that Z WBI grants such permission for five (5) may be used in connection therewith, or the use to years from the Effective Date to use and display the which it may be applied. Kent hereby indemnifies WBI marks subject to the terms and conditions of and holds WBI harmless from and against any claim, this Agreement. This permission may be renewed by complaint or cause of action arising out of the use of mutual agreement of WBI and Kent. WBI marks at the Field, except that such indemnity shall not extend to any representation or warranty 3. Kent acknowledges WBI's right, title, and extended by WBI hereunder. interest in and to the WBI trademarks, including without limitation the term WIFFLE and the design of 9. This agreement may be terminated, with or the WIFFLEO perforated plastic ball and yellow without cause, by any party hereto upon thirty (30) plastic bat as represented in U.S. Trademark Reg. days advance written notice to the other party. The Nos. 1,580,220,1,645,378, 3,579,003 and others, laws of the State of Connecticut, United States, shall and as depicted in the attached and incorporated govern this agreement exclusively, without reference Exhibit 1. WBI shall retain all intellectual property to its conflict of law principles. The parties agree to rights in and to the WBI products, and the be subject to the exclusive personal jurisdiction of a trademarks and goodwill associated with such court of competent jurisdiction in the State of products. Kent shall not contest the vafldity of the Connecticut, United States. WBI trademarks and shall not apply or attempt to register any of the WBI Trademarks or assist a third party in doing the same anywhere throughout the world. David J.\Wlany', Presidg�ht, The Wiffle Ball, Inc. 4. To the extent that Kent supplies plastic balls and bats for use at the Field, Kent agrees to use only WBI products, Kent and WBi acknowledge that individual players may supply their own equipment City of KeK."Washington as well, and Kent will not be responsNe for 1��7. P_ 1 7 /1 monitoring or controlling the equipment supplied by individual players. Name& Title: Exhibit 1 — U.S. Registration No. Mark 0825240 WIFFLE 0802992 WIFFLE 1149044 WIFFLE 1580220 1645378 f�; 1649592 2423472 WIFFLE 2957855 3579003 4372791 7iv. 2