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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:

  1. Ticket Revenue. All revenue, excluding the amount of the NFL Ticket Surcharge, from the sale of tickets to NFL Games or other NFL Events;
  2. 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
  3. 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.

  1. 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.
  2. 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.



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