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THE PHOENIX FINAL FOUR LOCAL
ORGANIZING COMMITTEE AGREEMENT
This Agreement ("Agreement"), dated as of June 9, 2023 (the "Effective Date"), between
the Phoenix Final Four Local Organizing Committee (“PLOC”), an Arizona non-profit corporation
(the “PLOC"), and the City of Glendale, Arizona ("Supporter") a municipal corporation (PLOC
and Supporter are sometimes hereinafter collectively referred to as the "Parties" and individually
as a "Party").
RECITALS
WHEREAS, the National Collegiate Athletic Association (“NCAA”) owns, produces and
controls the NCAA Men’s Final Four basketball tournament (the “Men’s Final Four”);
WHEREAS, the NCAA awarded to Arizona the opportunity to host the Men’s Final Four
from April 6-8, 2024 and PLOC has agreed to serve as the local organizing organization for the
Final Four;
WHEREAS, the purpose of the PLOC is to assist with the organization, administration,
management, promotion and operation relating to hosting the Men’s Final Four
WHEREAS, the NCAA has granted to PLOC certain rights in connection with its status as
the host organization for the Men’s Final Four
WHEREAS, pursuant to the grant from the NCAA, the PLOC is permitted to solicit and
secure support under guidelines established by the NCAA to support its activities in connection
with the Men’s Final Four
WHEREAS, Supporter wishes to support the PLOC under the terms and conditions of this
Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Supporter and PLOC hereby agree as follows:
AGREEMENT
I.
BENEFITS
Subject to the NCAA's approval, PLOC agrees to provide to Supporter the benefits outlined
in Exhibit A (the "Benefits") in consideration of Supporter’s support of the PLOC. The Benefits
exclude the right to sell or barter any ticket(s) referenced in Exhibit A or use such benefits,
including any tickets, in a promotional manner (e.g., consumer give-aways, sweepstakes or
raffles), unless otherwise approved by PLOC and NCAA, in writing.
II.
SUPPORTER OBLIGATIONS
A.
Supporter agrees to provide to PLOC economic support, in the total amount of
five-hundred thousand dollars ($500,000.00) (the “Consideration”), which shall be paid on or
before June 30, 2023.
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III.
TERM OF AGREEMENT
The term of this Agreement shall commence upon the Effective Date and shall expire on
April 15, 2024 (the "Term").
IV.
GUIDELINES
The Benefits and Supporter’s right to publicize its affiliation with PLOC shall be limited
by the following guidelines (the " Guidelines"):
A.
Commercial Identification Prohibition. Except as expressly provided in this
Agreement, neither Supporter nor its affiliates, agents, representatives, employees,
suppliers or subcontractors will exploit in any manner the nature of the transaction
or relationship with the PLOC, including without limitation, (a) by referring to the
transaction, the relationship or the services created by and provided for in this
Agreement, the PLOC, the NCAA or any of its members or constituent universities
or the Men’s Final Four in any sales literature, advertisements, letters, client lists,
press releases, brochures or other written, audio or visual materials, (b) by using or
allowing the use of the mark “NCAA” or “NCAA Men’s Final Four” or any other
service mark, trademark, copyright or trade name now or which may hereafter be
owned or licensed by the NCAA, any of its members or constituent universities, or
(c) by otherwise disclosing their affiliation with the PLOC, the Men’s Final Four,
or the NCAA, or any of its members or its constituent universities for a commercial
purpose.
B.
Clearances and Licenses. To the extent the Benefits contemplate Supporter’s
production or presentation of any events, Supporter shall be responsible for
obtaining all clearances, licenses, permissions and consents (including without
limitation all music clearances, synchronization rights, union and guild fees and the
like) as may be necessary for the presentation of any events.
C.
Approval of PLOC. All copy and graphics proposed for display by Supporter are
subject to prior written approval by PLOC. PLOC shall have the right to decline to
display any copy or graphics which are in violation of any statute, regulation or
ordinance, or which PLOC reasonably considers to be misleading or inconsistent
with the objectives of the PLOC. All proposed copy or graphics will be submitted
by Supporter to PLOC no fewer than ten (10) days prior to the anticipated date of
display.
E.
Prohibited Categories. In connection with the Agreement, Supporter shall not
have any rights to create, distribute or otherwise use any advertising, commercial,
promotion, publicity, marketing, sales materials or display materials (including any
materials published on a commercial on-line service, the World Wide Web or
successor media) (“Promotional Materials”) that reference or depict any company
engaged in the business of distributing goods or services on the Prohibited
Categories list, as set forth on Exhibit B. In addition, Supporter Promotional
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Materials shall not in any way imply a relationship between the NCAA or any of
its members or constituent university, the PLOC and/or Supporter and any such
company.
F.
Limitation of Category. Supporter’s business category shall be limited to Tourism
and Economic Development (the "Business Category"). All advertising,
promotion, marketing or publicity conducted by Supporter utilizing the PLOC
Marks (defined below) as may be authorized under this Agreement shall be limited
to products and services in its Business Category.
V.
SCOPE OF RIGHTS GRANTED
Supporter acknowledges and agrees that the rights and benefits granted by PLOC under
this Agreement are non-exclusive. PLOC reserves the right, in its sole discretion, to seek
additional support in any category. Under no circumstances shall this Agreement be interpreted
to imply any rights of ownership. Instead, the only rights granted are those expressly set forth in
this Agreement.
VI.
LICENSING OF CERTAIN MARKS
Supporter grants to PLOC a license to utilize Supporter’s trade names, trademarks and/or
service marks ("Supporter Marks") for the express purpose of publicizing Supporter’s Support of
the PLOC and PLOC associated events and activities during the Term. All PLOC uses of the
Supporter Marks must be approved by Supporter in writing and in advance of use.
VII.
INTELLECTUAL PROPERTY RIGHTS
PLOC acknowledges that it is being granted a limited license by Supporter hereunder to
use the Supporter Marks in accordance with the terms and conditions of this Agreement and that
no further or greater rights are granted in or to the Supporter Marks. PLOC acknowledges that it
will do nothing inconsistent with Supporter’s ownership of the Supporter Marks.
VIII. SUPPORTER INVOLVEMENT
Unless otherwise stated in this Agreement, Supporter is not directly involved in the
management or operation of the activities contemplated or covered by this Agreement; provided,
however, Supporter is solely responsible for the promotion, organization and activities of
Supporter. PLOC is solely responsible for the promotion, organization and activities of PLOC.
IX.
CONFIDENTIALITY
The Parties agree to keep the terms of this Agreement confidential. Neither the terms of
this Agreement nor a copy of this Agreement shall be disclosed to any third party, in whole or in
part, without the prior express written consent of the other Party, unless required by operation of
law. Should such disclosure be required by law, the Party making such disclosure shall notify the
other Party in writing upon learning of the request or demand for disclosure. Notwithstanding
anything herein to the contrary, neither Party shall be prohibited from providing a copy of this
Agreement or disclosing its terms to a Party’s third-party auditors, legal, or tax advisors.
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X.
INDEMNIFICATION
A.
Supporter will indemnify, hold harmless and defend the PLOC, the PLOC Board
of Directors and each of their respective affiliates, directors, officers, employees,
shareholders, representatives and agents (collectively the "PLOC Parties") and the
NCAA and each of its members and constituent universities and their affiliates,
officers, directors, shareholders, agents, representatives, employees, Supporters
and licensees (collectively, the "NCAA Entities") from and against any liabilities,
obligations, damages, losses, claims, demands, recoveries, settlements,
deficiencies, costs or expenses (including, without limitation, reasonable attorneys’
fees and expenses) (collectively, “Losses”) which the PLOC Parties or the NCAA
Entities (collectively, the "Indemnified Parties") may suffer or incur in connection
with, resulting from or arising out of:
1.
Any acts or omissions of Supporter and/or its directors, officers, employees,
agents, contractors, or servants in connection with the performance of
Supporter’s obligations under this Agreement; and
2.
Any breach of any of Supporter’s representations, warranties, covenants or
obligations contained in this Agreement.
The Indemnified Parties will have the right to choose and select their own counsel
and assume their own defense in connection with any action or proceeding to which
the indemnification, hold harmless or defense obligations of this Section would be
applicable. This Indemnification section is independent of Supporter’s insurer’s
agreement to waive its right of subrogation and shall be in full force and effect
whether or not an agreement with Supporter’s insurer to waive its right of
subrogation is reached, enforce, or enforceable.
B.
PLOC shall indemnify and hold harmless Supporter and all of its respective
affiliates, directors, officers, employees, shareholders, representatives and agents
(collectively the “Supporter Parties”) from any Losses which the Supporter Parties
may suffer or incur in connection with, resulting from or arising out of:
1.
Any acts or omissions of PLOC and/or its directors, officers, employees,
agents, contractors or servants in connection with the performance of
PLOC’s obligations under this Agreement;
2.
Any loss of or damage to property or injury to or death of any person at an
official PLOC event or PLOC-sanctioned event or activity, including but
not limited to any claim based upon an allegation of Supporter’s or guaranty
by Supporter of any official PLOC event or PLOC-sanctioned event or
activity unless such loss or damage results from the willful misconduct or
gross negligence of an Supporter director, officer, employee, agent,
contractor or servant; and
3.
Any breach by PLOC of PLOC’s representations, warranties, covenants or
obligations in this Agreement.
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XI.
INSURANCE
A.
During the Term and for a period of two (2) years thereafter, Supporter will
carry and maintain at its own expense the insurance programs as indicated below and to be
provided by self-insurance or insurers rated A.M. Best, A-VII or better. A Certificate of
Insurance or letter of self-insurance evidencing such program must be delivered to PLOC
within thirty (30) days of the date of execution of this Agreement. Failure on the part of
Supporter to procure or maintain required insurance shall constitute a material breach of
contract upon which the PLOC may immediately terminate this Agreement. Supporter
shall obtain and maintain at its own expense comprehensive commercial general liability
insurance, on an occurrence form, with a combined single limit for bodily injury and
property damage, including products liability (including completed-operations coverage),
and including coverage for contractual liability, independent contractors, broad form
property damage, personal and advertising injury, as well as intellectual property
infringement, including but not limited to trademark and copyright infringement, in the
amount of $5,000,000.00 on an each occurrence basis and minimum aggregate limit (with
retroactive date equal or prior to the first date of the Term). Supporter may select a self-
insured retention to the extent the self-insured retention is consistent with commercially
reasonable and customary business practices for companies of similar size and financial
standing as Supporter.
B.
During the Term and for a period of two (2) years thereafter, PLOC will
carry and maintain at its own expense the insurance programs as indicated below and to be
provided by insurers rated A.M. Best, A-VII or better. A Certificate of Insurance
evidencing such program must be delivered to Supporter within thirty (30) days of the date
of execution of this Agreement. Failure on the part of PLOC to procure or maintain required
insurance shall constitute a material breach of contract upon which the Supporter may
immediately terminate this Agreement. PLOC shall obtain and maintain at its own expense
comprehensive commercial general liability insurance, on an occurrence form, with a
combined single limit for bodily injury and property damage, including products liability
(including completed-operations coverage), and including coverage for contractual
liability, independent contractors, broad form property damage, personal and advertising
injury, as well as intellectual property infringement, including but not limited to trademark
and copyright infringement, in the amount of no less than $5,000,000.00 on an each
occurrence basis and minimum aggregate limit (with retroactive date equal or prior to the
first date of the Term). PLOC may select a self-insured retention to the extent the self-
insured retention is consistent with commercially reasonable and customary business
practices for companies of similar size and financial standing as PLOC. PLOC shall ensure
that such policies will list the NCAA Entities and Supporter as additional insureds. When
providing the required limit of insurance using a combination of primary and umbrella
and/or excess policies, PLOC will confirm on the certificate of insurance that the umbrella
and/or excess policies follow form to the primary insurance and will drop down in the event
of exhaustion of the primary insurance.
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XII.
REPRESENTATIONS AND WARRANTIES
A.
Supporter represents and warrants that:
1.
The individual signing this Agreement on its behalf has authority to sign
upon Supporter’s behalf;
2.
Execution and performance of this Agreement have been properly and
duly authorized by Supporter; and
3.
To Supporter’s knowledge, Supporter’s Marks do not infringe upon the
trademarks, trade names, service marks or other rights of any other person
or entity.
B.
PLOC represents and warrants that:
1.
The individual signing this Agreement on its behalf has authority to sign
upon PLOC’s behalf;
2.
Execution and performance of this Agreement have been properly and
duly authorized by PLOC; and
3.
To PLOC’s knowledge, PLOC’s Marks do not infringe upon the
trademarks, trade names, service marks or other rights of any other person
or entity.
XIII. COOPERATION
The Parties shall, in good faith, cooperate with each other and, from time to time, execute
and deliver such further instruments as any Party or its counsel may reasonably request to
effectuate the intent of this Agreement.
XIV. EXCULPATION
A.
Supporter agrees to look solely to the assets of the PLOC for any recourse, and not
to the NCAA or any of its members.
B.
Supporter agrees and acknowledges that neither the NCAA nor any of its members
or constituent universities has the obligation to provide any of the benefits outlined
in this Agreement.
XV.
TERMINATION
A.
Without prejudice to any other rights it may have in law, equity or otherwise, PLOC
shall have the right to terminate this Agreement upon written notice to Supporter at
any time if: (i) Supporter fails to make any payment required under this Agreement
and fails to correct such default within ten (10) days after written notice of such
default; (ii) Supporter disparages or engages in conduct materially detrimental to
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PLOC or the NCAA; or (iii) Supporter fails to comply with any other material term
or condition of this Agreement, and Supporter does not cure such failure within
twenty (20) days after written notice of such failure by PLOC; provided that such
non-compliance is curable.
B.
Without prejudice to any other rights it may have in law, equity or otherwise,
Supporter shall have the right to terminate this Agreement upon written notice to
PLOC at any time if (i) PLOC disparages or engages in conduct materially
detrimental to Supporter; or (ii) PLOC fails to comply with any material term or
condition of this Agreement and PLOC does not cure such failure within twenty
(20) days after written notice of such failure by Supporter; provided that such non-
compliance is curable.
C.
Upon termination of this Agreement pursuant to Paragraph A of this Section XV,
Supporter’s rights to the Benefits shall cease and Supporter shall remain obligated
to the PLOC only for any amounts of the Consideration that were paid or due prior
to the date of termination. Upon termination of this Agreement pursuant to
Paragraph B of this Section XV, PLOC shall return to Supporter any amounts of
the Consideration that were paid or due prior to the date of termination.
D.
In the event any payment is not received as established in Section II of this
Agreement, the PLOC, without notice, may withhold the Benefits to be provided
hereunder until such time as payment is received.
XVI. GENERAL PROVISIONS
A. Assignment
Neither Supporter nor PLOC may assign any rights or obligations under this
Agreement or this Agreement itself, in whole or in part, to any other person or entity
without the prior express written consent of the other party.
B. Notices
Except as expressly provided to the contrary herein, any notice, consent report,
document or other item to be given, delivered, furnished or received hereunder shall
be deemed given, delivered, furnished and received when given in writing and
personally delivered to and receipted by an officer or designated employee of the
applicable Party, or seventy-two (72) hours after the same is deposited in the United
States mail, postage prepaid, registered or certified first class mail, return receipt
requested addressed as set forth below, or to such other address as either of the
Parties shall advise the other in writing or sent by confirmed facsimile transmission,
with a copy, which shall not constitute notice, delivered electronically via email:
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If to Supporter:
City of Glendale
Attn: Kevin Phelps
5850 W. Glendale Ave
Glendale, AZ 85301
If to PLOC:
Phoenix Final Four Local Organizing Committee
Attn: Management
201 E. Washington St, Suite 1400
Phoenix, AZ 85004
C. Entire Agreement: Modifications
This Agreement may not be modified, amended, or supplemented, or otherwise
changed, except by a written document executed by an authorized representative of
each of the Parties hereto.
D. Non-Waiver of Rights and Breaches
No failure or delay of any Party in the exercise of any right given to such Party
hereunder shall constitute a waiver thereof, nor shall any single or partial exercise
of any such right preclude other or further exercise thereof or of any other right.
The waiver by a Party of any default of any other Party hereunder shall not be
deemed to be a waiver of any such subsequent default or other default of any Party.
E. Captions
Section headings used in this Agreement are for convenience of reference only and
shall not affect the construction of any provision of this Agreement.
F. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the Parties hereto
and their respective successors and authorized assigns.
G. Governing Law, Jurisdiction
This Agreement and any dispute arising under it will be governed by and construed
in accordance with the laws of the State of Arizona without regard to conflict of
law principles. All disputes pertaining to this Agreement will be decided by a state
or federal court located in the State of Arizona, Maricopa County and each party
consents to personal jurisdiction in such courts. Each party further waives any
defenses based upon lack of personal jurisdiction or venue, or inconvenient forum.
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H. Loss or Damage
PLOC shall not be liable for any damage or loss to any of Supporter’s display
materials.
I. Default and Injunctive Relief
It is agreed and understood that the limited scope of license granted to the parties
under Section VI of this Agreement regarding Licensing of Supporter Marks are
necessary to protect the integrity and value of the marks, the loss of which cannot
be fully compensated by damages in an action at law or any application of any of
the other remedies described herein.
Accordingly, in the event that any of the provisions herein are violated, the Parties
shall be entitled to seek, in addition to compensation for its damages and any other
relief provided for below, immediate equitable relief, including an injunction
requiring the PLOC to comply fully with its obligations under this Agreement.
J. Force Majeure
If any of the obligations of any Party is hindered or prevented, in whole or in
substantial part, because of a Force Majeure Event (as hereinafter defined), such
Party shall not be liable to the other Party or be in breach of this Agreement;
provided, however, that all other obligations of the Parties shall continue and when
such Force Majeure Event has ceased, then the Parties shall negotiate in good faith
regarding an adjustment of their rights and obligations under this Agreement. In
each such case, the Party affected by a Force Majeure Event shall promptly notify
the other Party of such event or occurrence and shall exert commercially reasonable
efforts to overcome such event or occurrence, and resume performance of its
obligations with all possible speed. A "Force Majeure Event" shall mean
reasonably unforeseen causes beyond the control of the Parties, including, but not
limited to: an act of God; inevitable accident; fire; labor dispute; riot or civil
commotion; act of public enemy; governmental act; acts or significant threats of
war or terrorism; regulation or rule; pandemic, epidemic or widespread outbreak of
any virus, pathogen or other disease or illness or public health crisis, failure of
technical facilities; national day of mourning; emergency announcement or news
bulletin; inability to obtain supplies; delays in transportation; embargoes; increase
in the national terror alert level that prohibits holding the events; or any other reason
beyond the control of the Parties that is generally regarded as force majeure. Delays
or non-performance excused by this provision shall not excuse performance of any
other obligation which is outstanding at the time of occurrence. The exact time and
dates of the Men’s Final Four and the ancillary events and the ancillary events are
subject to change. If, for any reason, the Men’s Final Four and the ancillary events
are held somewhere other than Arizona, PLOC will refund to Supporter all amounts
paid by Supporter attributable to the moved Men’s Final Four pursuant to this
Agreement.
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K. Relationship of Parties
This Agreement shall neither be deemed nor construed to create a joint venture or
partnership between PLOC and Supporter, nor shall this Agreement be deemed or
construed as making either Party the agent or representative of the other Party.
Neither Party shall have the authority to bind the other Party in any respect.
L. Survival
Except as expressly herein provided, the covenants, acknowledgments,
representations, agreements and obligations contained in this Agreement shall
survive the consummation or termination of the transactions contemplated by this
Agreement.
M. Compliance with Law
Supporter agrees to comply with all laws, ordinances, orders, rules and regulations
(state, federal, municipal or promulgated by other agencies or bodies having or
claiming jurisdiction) applicable to the performance of Supporter’s obligations to
the PLOC.
N. Condition Precedent to Effectiveness of Agreement
Written approval of this Agreement by an authorized representative of the NCAA
is a condition precedent to effectiveness of this Agreement.
XVII. ENTIRE AGREEMENT
This Agreement is intended to be performed in accordance with, and only to the extent
permitted by all applicable laws, ordinances, rules and regulations, and is intended, and shall for
all purposes be deemed to be a single, integrated document setting forth all of the agreements and
understandings of the parties hereto, and superseding all prior negotiations, understandings and
agreements of such parties with respect to the subject matter hereof. If any term or provision of
this Agreement or the application thereof to any person or circumstance shall for any reason and
to any extent be held to be invalid or unenforceable, then such term or provision shall be ignored,
and to the maximum extent possible, this Agreement shall continue in full force and effect, but
without giving effect to such term or provision.
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WHEREFORE, the Parties have caused their respective authorized representatives to execute this
Agreement on their behalf, all as of the date set forth below the respective signatures.
CITY OF GLENDALE, an Arizona Municipal Corporation
By:_________________________________
Printed Name:________________________
Title:_______________________________
Date: _______________________________
PHOENIX FINAL FOUR LOCAL ORGANIZING COMMITTEE
By:_________________________________
Printed Name:_________________________
Title:________________________________
Date: ________________________________
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EXHIBIT A
BENEFITS
Supporter shall receive the following Benefits in the Business Category as a Supporter of the
PLOC only to the extent set forth below and in accordance with the Guidelines set forth in
Section IV of the Agreement.
MARKETING INCLUSION*
➢ Use of PLOC logo in Supporter advertising.
➢ Opportunity to be included in social media giveaways and game week social media
coordination and outreach to fans (e.g., Facebook, Twitter, Instagram).
➢ PLOC will provide the Supporter an opportunity to be incorporated into the PLOC website
promoting Glendale and its attractions, restaurants, etc.
• If the PLOC chooses to do any other tourism promotions/outreach (e.g. blog posts,
newsletters, etc.) for other cities, then Supporter will also have an opportunity to be
included in that outreach.
➢ One (1) representative on the Marketing and Communications Council.
➢ PLOC shall provide a PLOC guest speaker at Supporter events as requested by the Supporter
and based on PLOC availability.
➢ If the PLOC chooses to do a Lodging Committee, then a Visit Glendale staff member will
have opportunity to serve on the PLOC Lodging Committee to assist the NCAA staff in
working with hotels and resorts on room block needs subject to approval of PLOC & NCAA.
*All opportunities are subject to prior approval of the PLOC and NCAA.
EVENTS & VENUES
➢ The PLOC, working with the NCAA and various Supporters, will encourage the use of
Glendale venues and businesses as sites for official Final Four activities.
•
Reese’s Final Four Friday
o This free open to the public event is filled with interactive activities and
entertainment for fans of all ages and includes open team practices for the
participating Men’s Final Four teams as well as the Reese’s NABC All-Star Game.
o Opportunity to see the teams and players up close and be in the venue that will host
the Semifinal and Championship games.
o The PLOC and Supporter will work together to promote attending this free event to
Glendale residents.
o Location: State Farm Stadium
o Timing: Friday, April 5, 2024
➢ If the NCAA chooses to do an NCAA Familiarization trip (FAM trip) leading up to Final
Four, Glendale will be included and the Committee will work with Glendale to make
connections to the NCAA, media partners, etc.
➢ For all PLOC controlled events where multiple elected officials are invited, Glendale elected
official(s) will also be invited to attend.
➢ PLOC will host a minimum of One (1) NCAA/PLOC meeting at a Glendale Hotel or resort
that includes room nights and dinner at a restaurant in Glendale.
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FAN JAM TRUCK
➢ The Committee’s Fan Jam Truck will be bringing fun basketball-themed experiences to fans
of all ages at events both large and small through a series of grassroots, interactive, “pop-up
events.”
➢ PLOC will provide the Fan Jam truck to a minimum of two (2) events of the Supporter’s
choosing and based on availability of the Fan Jam truck.
• Supporter Events:
1. The League of Cities and Town Conference in Tucson (End of August)
2. TBD
BUSINESS CONNECT
➢ The Business Connect Program serves as an initiative aimed at creating network, education
and business opportunities for certified minority, woman, veteran, LGBTQ-owned businesses
for Final Four.
➢ The Program also provides other business development resources through events and unique
opportunities to help position the participating businesses for contract opportunities and
future business development. The Supporter can create a lasting legacy for these businesses
through their support and participation in the Business Connect Program.
➢ PLOC & Supporter will highlight a minimum of four (4) Glendale businesses
CEO FORUM
➢ The Supporter can drive future economic Arizona vitality by supporting the Arizona CEO
Forum.
➢ The CEO Forum will encourage the invited leaders to consider relocating their company
headquarters or expanding/setting up business operations in Arizona by providing them an
opportunity to learn and engage firsthand with prominent leaders of local businesses.
➢ The PLOC will work with economic development stewards around the Valley to help select
and host an exclusive group of CEOs from around the U.S.
➢ The Supporter will have the following opportunities:
• One (1) high level Supporter representative to attend CEO Forum events.
• Opportunity to select up to Two (2) CEO Forum invitees
o Invitees will be companies located outside of Arizona and mutually agreed upon with
the PLOC.
• Ability for Supporter to provide a gift to participating CEOs.
o Gift to be mutually agreed upon with PLOC and all costs associated will be covered
by Supporter.
READ TO THE FINAL FOUR
➢ The Read to the Final Four program will engage Arizona youth and leave a lasting, positive
impact on students through education and friendly competition.
➢ The NCAA and the Committee have teamed up to promote and inspire reading
comprehension growth for third graders through a year-long reading initiative.
➢ This signature legacy program offers a tournament-style reading competition for thousands
of third graders.
➢ PLOC & Supporter will highlight a minimum of two (2) Glendale Schools in NCAA Read to
the Final Four Program.
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HOSPITALITY
➢ Two (2) Tickets to Marquee Partner Luncheon
• Timing: Fall 2023
➢ One (1) Foursome for the PLOC VIP Golf Tournament
➢ Sixteen (16) Media Party Tickets
• Annually hosted party for all credentialed media personnel, VIPs and Partners
• Timing: Final Four week
➢ Private Stadium Tour for the Glendale City Council Members & Mayor
➢ One Hundred (100) Fan Fest Tickets
• Timing: Final Four Week
➢ Five (5) VIP Music Fest Tickets per day
• Timing: Week of Final Four
➢ Eighteen (18) Host Committee VIP Tailgate Tickets
• Party for PLOC VIP guests before the Final Four & Championship games
• Timing: April 6 and 8, 2024
➢ Eighteen (18) Final Four & Championship Premium Game Tickets
• Seven (7) Game Day Parking Passes
• Timing: April 6 and 8, 2024
➢ Opportunity to Purchase Fourteen (14) Final Four and Championship Game Tickets.
• Supporter will confirm if they will purchase the tickets on or before February 6, 2024.
Notwithstanding Section J (Force Majeure), Supporter acknowledges that events or
circumstances beyond PLOC's reasonable control may occur that cause the PLOC to not be able
to provide a benefit or event or cause the PLOC or third party to elect to not hold an event. As a
result, the PLOC reserves the right to substitute, exchange, replace or modify any benefit or
event with a benefit or event of equal or greater value and as mutually agreed with Supporter if a
benefit or event becomes unavailable to the PLOC or is cancelled or modified or if the PLOC
reasonably determines that providing the benefit or access to an event is not commercially
feasible. If any event to be provided or hosted by a third party is cancelled, postponed or
modified, PLOC's sole obligation shall be to use commercially reasonable efforts to replace or
substitute another event of equal or greater value, to the extent commercially reasonable and as
mutually agreed by Supporter. However, if, for any reason, the Men’s Final Four and the
ancillary events are held somewhere other than Arizona, PLOC will refund to Supporter all
amounts paid by Supporter attributed to the moved Men’s Final Four pursuant to this Agreement.
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EXHIBIT B
PROHIBITED CATEGORIES
(Note that examples listed within specific categories are provided for illustrative purposes
only.)
1. Contraceptives (e.g., condoms).
2. Dietary and/or nutritional supplements and products (including energy drinks) that
contain ingredients other than vitamins and minerals for which the FDA has
established recommended daily intakes, or any substance prohibited by the NCAA,
the NCAA or any governing body of college football. Health and nutrition stores are
permitted, provided that they do not reference any dietary or nutritional supplements
or products, or any prohibited substances.
3. Distilled spirits and flavored malt beverages (e.g., Smirnoff Ice, Bacardi Silver);
however, traditional malt beverages (e.g., beer) and non-alcoholic malt beverages and
wine are permitted, subject to any guidelines of the NCAA, the NCAA or any
governing body of college football.
4. Establishments that feature nude or semi-nude performers.
5. Firearms, ammunition or other weapons; however, stores that sell firearms and
ammunitions (e.g., outdoor stores and camping stores) will be permitted, provided
they sell other products and the advertisements do not mention firearms, ammunition
or other weapons.
6. Fireworks.
7. Gambling-related advertising, including, without limitation, advertising for any hotel,
casino or other establishment that houses gambling regardless of whether the
advertising references gambling, as well as any advertising that would violate the
terms of the NCAA’s or any of the members, NCAA, or any governing body’s of
college football television agreements or policy on gambling advertising.
8. Illegal products or services.
9. Movies, video games and other media that contain or promote objectionable material
or subject matter (e.g., overtly sexual or excessively violent material).
10. Restorative or enhancement products (e.g., “male enhancement” products).
11. Sexual materials or services (e.g., pornography or escort services).
12. Social cause/issue advocacy advertising, unless otherwise approved in advance by the
PLOC and the NCAA.
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13. Tobacco products (e.g., cigarettes, cigars, pipe tobacco, chewing tobacco and snuff).
14. Pharmaceutical products (both prescription and over-the-counter (non-prescription))