2024 Chase Field Events Suite Use Agreement

This Chase Field Events Suite Use Agreement (“Agreement”) is between Arizona Diamondbacks Events and Entertainment, L.P. (“ADEE”) and the party listed as the “User” on the Suite Rental Order Form, Suite Invoice, and/or Suite Receipt attached as Exhibit 1.

1. Suite Use. User is granted a revocable license to use the suite(s) as set forth on Exhibit 1 (each of which is referred to separately as a “Suite”, and collectively as the “Suites”), located at Chase Field in Phoenix, Arizona (“Ballpark”) at the time(s) and on the date(s) set forth on Exhibit 1 for the purposes of attending and viewing the event(s) described on Exhibit 1 (each of which is referred to separately and collectively as the “Event”). For each Event, User shall be provided the number of tickets (“Tickets”) to the Suite(s) as set forth on Exhibit 1. For each Event, User may purchase additional tickets as set forth on Exhibit 1.

2. Additional Tickets. Additional tickets are priced at the per ticket rate set forth on Exhibit 1 and are not included in the Use Fee for the Suite(s). Additional tickets must be purchased no less than seventy-two (72) hours in advance of the Event. Each person in the Suite(s) must have a separate ticket to the Suite(s) for the Event. At no time before, during, or after the Event shall the number of people in a Suite exceed than the number of tickets issued for such Suite.

3. Access. Neither User nor User’s guests shall be admitted to the Ballpark or to the Suite(s) until the Ballpark’s doors are opened to the public for the Event, and User and all of User’s guests shall leave the Suite(s) and the Ballpark not more than thirty (30) minutes after the end of the Event. If User or any of User’s guests are found in the Suite(s) without Suite tickets for the Event or are in the Suite(s) or the Ballpark at times other than those permitted under this Paragraph 3, they will be subject to removal from the Suite(s) and the Ballpark by Ballpark personnel. User’s license to use the Suite(s) during the Event shall be exclusive except as to ADEE’s personnel and the Ballpark’s authorized concessionaire staff; provided, however, that ADEE shall retain the ultimate right to always control the use and occupancy of the Suite(s) and all other portions of the Ballpark during the Event.

4. Use Fee. The fee for the Suite(s) and tickets for each Event (“Use Fee”) shall be as set forth next to each Event listed on Exhibit 1. Full payment of the Use Fee is required to make reservations for the Suite(s). ADEE reserves the right to terminate this Agreement if full payment is not immediately made by User. Unless otherwise agreed in writing by ADEE in its sole discretion, the Use Fee shall be deemed fully earned by ADEE upon receipt and shall be non-refundable except as expressly set forth in this Agreement. Should any federal, state, or local sales, privilege, rental, admission, amusement, or gross proceeds tax now or hereafter be assessed or payable with respect to the Use Fee, User shall promptly pay or reimburse ADEE for the amount of any such taxes within thirty (30) days after receipt of an invoice from ADEE.

5. Rescheduled/Cancelled Event. If an Event is moved to a different date for any reason, User agrees that it will use the Suite(s) (or a comparable Suite elsewhere in the Ballpark) on the designated replacement date, subject to availability. Changes in the scheduled starting time of an Event shall have no effect on this Agreement so long as the Event occurs on the date specified in Exhibit 1. If any Event is cancelled and not rescheduled for any reason, or a Suite is not available for User on a replacement date, User may select in writing, by no later than thirty (30) days after receiving notice of such circumstance, either of the following options:

(A) Refund. The Use Fee applicable to such Event is refunded to User. Such amount will be refunded to User within thirty (30) days of ADEE’s receipt of User’s written request.

(B) Credit. The Use Fee applicable to such cancelled or rescheduled Event is retained by ADEE as User’s deposit for the use of a Suite for future events sold by ADEE within one (1) year of the latest scheduled Event. Any credit not used during this period shall be forfeited.

6. No Cancellations by User. All sales are final. User may not cancel its use of the Suite(s).

7. Liability for Damage and Misconduct; General Indemnification. User is responsible for all damage and injury caused by User or User’s guests to the Ballpark or to the Suite(s), or to any persons, fixtures, furnishings, equipment, or other property or items in either the Ballpark or the Suite(s). All children under the age of twelve (12) must be accompanied by an adult at all times. User shall indemnify, defend, and hold harmless ADEE, AZPB REM Limited Partnership, Maricopa County Stadium District, AZPB Limited Partnership (dba “Arizona Diamondbacks”), AZPB FM Limited Partnership, Arizona Diamondbacks Foundation, Inc., any promoter or sponsor of the Event, and each of their respective officers, directors, partners, members, managers, affiliates, employees, officials, talent, participants, and agents of any of the foregoing (collectively, the “Indemnitees”) from and against any and all loss, cost, claim, expense, lien, damage, or liability of any kind or nature (including, without limitation, property damage and bodily injury including death) which: (a) are caused or created by or result from the act or conduct of User or any of User’s guests (whether or not such act or conduct may be characterized as negligent, reckless, intentional, unlawful, or otherwise), in or about the Suite(s) and in or about the Ballpark (and in or about any parking lot or parking garage used by User or any of User’s guests in connection with the Event); (b) arise from any violation of any provision hereof or any default of any obligation of User hereunder; or (c) arise from any act, omission, or negligence of User, its officers, agents, contractors, employees, or guests.

8. Food and Beverages; Alcohol. Unless specifically included in Exhibit 1, User shall arrange separately with the Ballpark concessionaire for all food and beverages to be consumed in the Suite(s) during an Event along with payment for such food and beverages. ADEE shall not be liable for any charges for or costs of any such food or beverages, and such charges and costs are not included in the Use Fee. Neither User nor User’s guests shall bring any food or beverages into the Suite(s) which were not purchased from the Ballpark concessionaire. Without limiting ADEE’s remedies hereunder, ADEE shall have the right to confiscate any food or beverages brought into the Suite(s) in violation of this Paragraph 8. ADEE and its employees, agents, or affiliates may limit, restrict, or prohibit the sale, consumption, service, and availability of alcoholic beverages in the Suite(s) for health, safety, and any other reason which ADEE determines in its sole discretion. User shall be responsible for controlling the conduct of all persons who use or consume alcoholic beverages in the Suite(s) whether such conduct occurs therein or elsewhere. User shall indemnify, defend, and hold the Indemnitees harmless from and against all losses, costs, damages, expenses, and liabilities including, without limitation, attorneys’ fees, arising from or in any way related to the sale, service, use, or consumption of alcohol in the Suite(s). User shall not sell dispense alcohol in or from the Suite(s) or any other portion of the Ballpark. The sale of alcohol in or to the Suite(s) shall be permitted only by the Ballpark concessionaire.

9. No Resale of Tickets or Suite; No Assignment. User hereby represents and warrants that it is entering into this Agreement and purchasing the Suite(s) and tickets solely for use by it and its guests, and not for resale, transfer, or assignment. Notwithstanding the foregoing, User may, at its option, charge its guests for their tickets provided that the sale price is for an amount which does not exceed the Purchase Price. Any resale or attempted resale at a price higher than the Purchase Price, and any attempted assignment, sale or other transfer of this Agreement or User’s rights hereunder except as expressly provided herein, is strictly prohibited, and will give ADEE and its employees, agents, and affiliates the right to seize such tickets, refuse admission to or eject from the Ballpark and the Suite(s) persons holding such tickets, and cancel this Agreement, without any refund or other compensation, and without returning or refunding any Use Fee or any portion thereof. For purposes of this Paragraph 9, the term “Purchase Price” shall mean, as to any ticket, either: (a) if a purchase price (other than zero) is designated on such ticket, such designated purchase price; or (b) if no purchase price is designated on such ticket (or if the ticket shows a purchase price of zero), an amount equal to the Use Fee divided by the number of tickets set forth on Exhibit 1.

10. Banners; Signs; Advertising; Other User Property. Neither User nor User’s guests shall hang signs or banners of any kind from the Suite(s), or hang or place within the Suite(s) any signs, banners, merchandise, or advertising of any kind without the prior written consent of ADEE, as determined in its sole discretion. Neither User nor User’s guests shall bring any equipment, furniture, or fixtures into the Suite(s) without the prior written consent of ADEE in its sole discretion. All of User’s approved property and that of its guests must be removed from the Ballpark within thirty (30) minutes after the end of the Event.

11. No Recordings or Transmissions. Neither User nor any of User’s guests shall transmit or aid in recording or transmitting any description, account, picture, or reproduction of an Event, except for taking photographs and videos for personal use.

12. Rules, Regulations, and Policies. In the performance of this Agreement, User and User’s guests shall comply with: (a) all applicable federal, state and local laws, rules, regulations, statutes, and ordinances; (b) all rules, regulations, and policies adopted from time to time by ADEE (collectively, “Policies”) generally applicable to persons attending Events at the Ballpark; and (c) all Policies generally applicable to the use and occupation of Suite(s) within the Ballpark, as such Policies are communicated by ADEE to User or User’s guests, whether orally or in writing.

13. ADEE Remedies. For any breach by User or any of User’s guests of any provision of this Agreement, ADEE may in its sole discretion (without limiting additional remedies available to ADEE at law or in equity, including the right to keep and apply the Use Fee or any portion thereof and sue for damages), ADEE may, in its sole discretion: (a) refuse User or any of User’s guests permission to enter or remain in the Ballpark or the Suite(s); (b) eject User or any of User’s guests from the Ballpark and the Suite(s); (c) remove from the Ballpark and the Suite(s) any property of User or User’s guests; and (d) may terminate this Agreement and cancel all tickets issued pursuant hereto. All fees, charges, and other amounts owed by User hereunder which are not paid when due shall bear interest from the due date until paid at that rate which is Four Percent (4%) higher than the Prime Rate announced from time to time by Chase Bank.

14. Future Contact. User hereby gives permission to ADEE to contact and send communications to User about future suite and ticket opportunities and offers. User may opt out of such contact and communications by providing written notice to ADEE.

15. Entire Agreement; Amendments; No Waiver. This Agreement, including Exhibit 1, together with the terms and conditions printed on any tickets issued pursuant hereto, represents the entire agreement between ADEE and User with respect to the subject matter hereof. Except as otherwise provided in this Agreement, this Agreement shall not be amended, modified, or terminated, and no provision hereof shall be deemed to have been waived by either party, except by a written instrument signed by both ADEE and User.

16. Governing Law; Severability. This Agreement shall be governed by, and interpreted in accordance with, Arizona law. If any provision hereof is determined to be unlawful or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall continue in full force and effect as though such provision had not been contained herein.

17. Joint and Several Obligations; Authority. If User is or becomes comprised of two (2) or more persons, companies, entities, or organizations, then all obligations of User herein shall be the joint and several obligations of the persons, companies, entities, or organizations constituting User. Any individual executing this Agreement on behalf of, or as representative for, any person, company, entity, or organization represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such person, company, entity, or organization and that this Agreement is binding upon such person, company, entity, or organization in accordance with its terms.

IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates set forth below their respective signatures, to be effective as determined in accordance with Paragraph 1 above.