ARTICLE 11.
TEAM REVENUE.
Section 11.1 Definition of Team Revenue. 49ers Stadium Company
, the Team, any
Second Team
or their affiliates will receive all Team Revenue; and, as provided in Article 10
above, Stadium Operating Revenue will expressly exclude all Team Revenue. As used herein,
"Team Revenue" means (a) all NFL Events Revenue, including Team Service Revenue, (b) all
NFL Advertising and Sponsorship Revenue and (c) except as expressly provided herein, all other
NFL-related revenue or revenue from NFL operations, whether or not occurring at the Stadium,
including, without limitation, all revenue from any broadcast or other dissemination of the sound,
visual or written depiction of NFL Events and all revenues from retail activities associated with
the retail store(s) in the Stadium designated as a "Team Store."
Section 11.2 NFL Events Revenue. As used herein, "NFL Events Revenue" means any
and all revenue arising directly or indirectly out of NFL Events, including, without limitation, the
following:
- Ticket Revenue. All revenue, excluding the amount of the NFL Ticket
Surcharge, from the sale of tickets to NFL Games or other NFL Events;
- Premium Seat Revenue. All revenue from the sale of the rights to occupy
suites, boxes, club seats or other similar Stadium facilities for NFL Events and the premium
charged, if any, by 49ers Stadium Company to occupy suites or similar facilities for Non-NFL
Events; and
- Team Service Revenue. All revenue from the delivery of services, rental
of any equipment, goods or devices, or the use of technology at or in connection with any NFL
Events at the Stadium or provided by 49ers Stadium Company, the Team, any Second Team or
their affiliates (collectively, "Team Service Revenue").
Section 11.3 NFL Advertising and Sponsorship Revenue.
- Right to Sell. Except for advertising and promotional activities included in
the Stadium Authority's Non-NFL Event Advertising Revenue, 49ers Stadium Company, the
Team or its affiliates will have the exclusive right to sell advertising and space for promotional
displays and activities and other marketing media in or on the Stadium and on Stadium-related
signage, whether fixed or otherwise, and sponsorships and promotional activities within the
Stadium or associated with the Team and/or the NFL ("NFL Advertising and Sponsorships"),
including without limitation, (i) the sale of rights to name or enhance components of the
Stadium, including, without limitation, Stadium gates, levels, plazas and concession areas, and
(ii) the sale of promotional displays, kiosks or similar facilities in the Stadium or on parking lots
or structures owned or controlled by the Stadium Authority. Subject to the rights of existing
tenants, the City and the Agency
will commit that no property owned or controlled by the City or
Agency within the area designated on Attachment B hereto will be used to display
advertisements or be used for promotional activities during days of NFL Events that conflict with
Sponsor Contracts or the rights of Stadium concessionaires and other vendors, provided that the
foregoing will not apply to any City or Agency advertising or similar contracts that pre-date such
Sponsor Contracts or vendor contracts. Notwithstanding the foregoing, the Convention Center
may schedule events on NFL game days with entities that may conflict with Sponsor contracts or
vendor contracts as long as any exterior advertising is limited to standard welcoming signage.
-
Revenue from NFL Advertising and Sponsorship. 49ers Stadium
Company, the Team, any Second Team or their affiliates will receive exclusive rights to any and
all revenue, except for Naming Rights Revenue, from NFL Advertising and Sponsorships ("NFL
Advertising and Sponsorships Revenue"). NFL Advertising and Sponsorship Revenue will not
include any Non-NFL Event Advertising Revenue.