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• Digital/social <br /> • Everett will place a Sponsor-supplied "Peoples Bank" banner on Legion Park music stage <br /> for the 4th of July Event. <br /> • A simulcast of the 4th of July Event fireworks is broadcast on KRKO and KXA Radio. <br /> Everett will provide for lead-in into the simulcast that will thank Sponsor as the <br /> "Presenting Sponsor." <br /> • Everett will provide three social media posts thanking Sponsor as the "Presenting <br /> Sponsor." <br /> Community Awareness Opportunities for Sorticulture Event <br /> • Everett will list Sponsor as 'Presenting Sponsor' on the Sorticulture Event homepage and <br /> Facebook page <br /> • Everett will place a Sponsor-supplied "Peoples Bank" Banner on music stage at the <br /> Sorticulture Event. <br /> 6. FORCE MAJEURE. Any delay or failure in the performance by either party hereunder shall <br /> be excused if and to the extent caused by the occurrence of Force Majeure. For purposes of this <br /> Agreement, "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise <br /> caused by or under the control of the party claiming Force Majeure, including without limitation acts of <br /> God,fires,floods,explosions, riots, wars, hurricane, sabotage,terrorism,vandalism, pandemic, accident, <br /> restraint of government, governmental acts, injunctions, labor strikes, and other like events that are <br /> beyond the reasonable anticipation and control of the party affected thereby, despite that party's <br /> reasonable efforts to prevent, avoid,delay,or mitigate the effect of such acts, events or occurrences, and <br /> which events or the effects thereof are not attributable to that party's failure to perform its obligations <br /> under this Agreement. Should an Event be postponed and or canceled for any reason, Sponsor's <br /> obligations shall not be affected. That portion of Sponsor's contributions which have not been used as of <br /> the date of the postponement and or cancellation shall be maintained in the custody of Everett and used <br /> in due course as the Event or Events are rescheduled. <br /> 7. ASSIGNMENT AND SUBCONTRACTING. No portion of this Agreement may be assigned or <br /> subcontracted to any other individual, firm or entity without the express and prior written approval of <br /> both parties. <br /> 8. EXCLUSIVITY. Sponsor's "Presenting Sponsor" sponsorship is exclusive for the Events. <br /> Everett will not accept additional "Presenting Sponsor"sponsorships for the 20214th of July Event or for <br /> the 2021 Sorticulture Event. <br /> 9. MODIFICATIONS. To be effective, modifications to this Agreement must be in writing and <br /> signed by both parties. <br /> 10. SEVERABILITY. If any term or condition of this Agreement or the application thereof to <br /> any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or <br /> applications which can be given effect without the invalid term,condition, or application. To this end,the <br /> terms and conditions of this Agreement are declared severable. <br /> 11. CONTROLLING LAW. This Agreement and any action related thereto shall be governed, <br /> controlled, interpreted and defined by and under the laws of the State of Washington. The exclusive <br /> Event Sponsorship Agreement-Page 2 of 3 <br />