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NBA ONLINE PROVISIONS "The parties hereby acknowledge that NBA Properties, Inc. ("NBAP") has the exclusive right to license NBA trademarks, statistics, logos, game action photographs, video and audio (the "NBA Content") nationally and internationally. Notwithstanding the foregoing, Orlando Magic has been authorized by NBAP to license the use of certain NBA Content "on-line" to Florida Hospital so long as: (i) this Agreement and all of Florida Hospital's rights hereunder are subject to all of the rules, regulations and agreements of the National Basketball Association and its affiliated entities as they presently exist and as they may, from time to time, be entered into, created or amended; (ii) this Agreement (and may be amendment hereto) is submitted to NBAP within ten (10) days of execution for its approval and shall not be effective or enforceable until it is expressly approved by NBAP; and (iii) the inclusion of NBA Content on Florida Hospital and the team's affiliation or association with Florida Hospital are not promoted or advertised outside of the team's territory." "The following notice shall be visibly displayed
on any screen that displays or refers to NBA Intellectual Property or
NBA Content: 'NBA and NBA member team trademarks, logos, identifications,
statistics and game-action photographs, video and audio are the exclusive
property of NBA Properties, Inc. and may not be used without the prior
written consent of NBA Properties, Inc. © 2006 NBA Properties,
Inc. All rights reserved.'" |
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