Ahead of the July 20th 2021 Oakland City Council meeting, the African American Sports and Entertainment Group introduces this draft “WNBA at the Oakland Arena Lease Agreement Term Sheet”. It was presented to the WNBA on June 4th, and the prospects for bringing WNBA Basketball to the Oakland Arena are the best they’ve ever looked in Oakland’s history. What follows is the term sheet, and stay tuned for updates.
WNBA at the Oakland Arena
Lease Agreement Term Sheet
African American Sports and Entertainment Group
June 4th, 2021 DRAFT
- Parties, Intent & Use
This non-binding term sheet (“Term Sheet”) sets forth the terms upon which the African American Sports and Entertainment Group (“AASEG”) which is comprised of Loop Capital, SUDA, LLC, 360 Total Concept and The Robert Bobb Group and the Oakland-Alameda Joint Powers Authority Commission (“JPA”) and the JPA director (“Director”) would negotiate and draft a lease agreement that would allow a women’s professional basketball team (the “Oakland WNBA Team”) to play all of their Home Games (as defined below) at the Oakland Arena. AASEG is in the process of submitting a formal proposal to the WNBA to be granted and acquire an expansion team that will be based in the city of Oakland and will represent the entire Bay Area region.
AASEG is proposing the acquisition of a lease at the Oakland Arena to secure the calendar dates that initially correspond to the 2022 WNBA season. The purpose of this is to assist the AASEG and its related partners in securing the Oakland WNBA Team.
The JPA hereby grants to the AASEG the right to occupy and use the Oakland Arena premises for the following purposes: the presentation and broadcasting of all Oakland WNBA Team Home Games during each year of the Term of this agreement; for Oakland WNBA Team practice sessions; and for up to five additional events annually for purposes of fan generation/ appreciation or sponsorship and business development, subject to the conditions in this document.
The JPA agrees that the AASEG shall be the sole person or entity entitled to use and occupy the Oakland Arena for the presentation of professional women’s basketball games during the Term. The JPA also grants the AASEG the right to occupy and use the premises to sell temporary advertising and merchandise directly or indirectly through one or more third parties.
- Parties Use & Intent cont.
Subject to the limitations under this agreement, including the scheduling process described here, during the term the AASEG shall schedule and ensure that the Oakland WNBA Team plays 100% of its Home Games in the Oakland Arena; Provided, in the case of redevelopment of the Oakland Arena or in the event the JPA is unable to guarantee certain dates acceptable to the Oakland WNBA Team for its Home Games, then the AASEG may in its discretion, contract with alternative venues for such games. Furthermore, the AASEG may schedule preseason Home Games outside of the Oakland area.
- Dates and Length of
Term
This agreement shall be effective on the date when signed by an authorized representative of each party following an authorizing ordinance of the JPA (the “Effective Date”) and shall expire on December 31st, 2026 (the “Term”). The terms listed in this document are contingent and only binding upon AASEG being granted approval of an expansion or relocated franchise by the WNBA.
- License Fee
The AASEG shall pay to the JPA Five Thousand Seven Hundred Fifteen Dollars ($5,715) per Home Game for use of the Oakland Arena for each Home Game (the “License Fee”). Provided that the WNBA schedules a 36 game regular season, this amounts to a total of $102,870 over the course of an entire WNBA regular season, and a total amount of $514,350 over the entire 5-year Term proposed in this agreement.
In addition, AASEG shall pay to JPA the game day expenses for each Home Game (“Game Day Expenses”). The total estimated Game Day Expenses based on an estimated attendance of 5,000 people, amounts to roughly $107,357.68 per Home Game at the Oakland Arena. (For a complete breakdown, see Exhibit A) In the event that AASEG seeks to increase capacity for any Home Game, the parties will meet in good faith to determine the increased staffing requirements and other Game Day Expenses necessary to operate the Home Games at such increased capacity.
- Scheduling of Home
Games and Practices
“Home Games” means all pre-season, regular season, and postseason games of the Oakland WNBA Team. The JPA will not be required to approve or confirm the AASEG’s schedule requests for any Home Games unless the scheduling procedures in this section are followed.
By September 1st of each year during the term, the AASEG shall provide the JPA with the WNBA’s regular season date range (the “Regular Season Date Range”) and separately the WNBA’s playoff date range (the “Post-Season Date Range”) for the upcoming season. Currently, the WNBA regular season runs from May to September and the WNBA post-season runs from September through October (the “WNBA Season Footprint”).
The JPA shall provide AASEG with first priority scheduling rights over any other professional or amateur sports team during the WNBA Season Footprint (i.e., any scheduling dates for other team tenants shall be subject to AASEG’s scheduling rights). The JPA shall retain priority scheduling rights for other Oakland Arena events. The following scheduling procedures apply to the current WNBA Season Footprint. However, if the WNBA adjusts the WNBA Season Footprint during the Term or the WNBA scheduling process deadlines, the parties agree to amend this subsection as needed to reflect the revised WNBA Season Footprint or scheduling deadlines.
Regular Season Scheduling
a) By October 1st of the year immediately preceding each WNBA season during the term, the JPA shall provide the AASEG with a list of a minimum of 38 potential regular season home game dates occurring during the Regular Season Date Range (the “Available Dates”). The Available Dates shall include a minimum of 18 weekend dates (Friday through Sunday). Any two consecutive weekday dates (Mondays through Thursdays) offered by the Director shall be considered as only one (1) usable date in meeting the required Available Dates. Notwithstanding the above, the JPA shall use commercially reasonable efforts to (i) provide more than 38 Available Dates and (ii) spread out the weekend dates such that at least two different weekends per month have Available Dates. b) If the WNBA increases the number of regular season home games, then the number of potential Available Dates will be increased to 160% of the new total number of regular season home games, so long as the AASEG notifies the JPA of the need for additional dates prior to the JPA making the annual offer to the AASEG. If the AASEG requests additional potential dates after the JPA makes its annual date offer, the JPA will use its best efforts to provide additional potential dates considering the JPA contractual commitments to other users. Additionally, AASEG will notify the JPA if the WNBA changes its restrictions on consecutive dates and the JPA will take the new restrictions into account when providing available dates.
c) Within 24 hours of the time the AASEG receives the final WNBA schedule for the upcoming regular season, the AASEG shall notify the JPA, in writing, of those Available Dates on which the AASEG wishes to license the Oakland Arena for the upcoming regular season home games. Such dates shall be known as “Confirmed Dates”. The AASEG shall use best efforts to work with the WNBA to finalize the regular season schedule by December 31st prior to the upcoming season. d) Any time after October 1st subject to AASEG’s priority rights, if the JPA receives a request from a third party to license the Oakland Arena on one or more dates that are being held for the AASEG but that are not Confirmed Dates, the JPA may notify the AASEG in writing and request that the dates be confirmed or released. If the AASEG does not confirm that date in writing within 48 hours, the date will be released, the JPA shall have the right to license the Oakland Arena to a third party, and the JPA shall provide the AASEG with an alternate Available Date. Effective January 31st, any Available Dates which are not converted to Confirmed Dates shall be automatically relinquished.
Pre-Season Scheduling
e) At any time, the AASEG may ask the JPA to hold potential dates for preseason Home Games. The Director shall hold such requested dates for the AASEG provided that the dates are not already held for or contractually committed to another licensee. At the earliest possible opportunity but not less than 60 days prior to each potential preseason Home Game date, the AASEG shall confirm its intention to use the Oakland Arena for such dates.
If the JPA receives a request from a third party to license the Oakland Arena on one or more requested (but not confirmed) pre-season Home Game dates, the JPA may notify the AASEG in writing and request that the dates be confirmed or released. If the AASEG does not confirm that date in writing within 48 hours, the date will be released, the JPA shall have the right to license the Oakland Arena to a third party, and the JPA shall provide the AASEG with an alternate date to hold.
- Scheduling of Home Games and Practices cont.
Post-Season Scheduling
f) By October 1st of the year immediately preceding each WNBA season during the term, the JPA shall provide the AASEG with a list of scheduled events or stadium “holds” during the PostSeason Date Range.
Given the importance of the post-season, after October 1st, the JPA will not schedule any additional events during the Post-Season Date Range. The parties shall work together in good faith to schedule any playoff dates. AASEG shall notify the JPA of any potential or confirmed post-season dates within 24 hours of its receipt of such information from the WNBA.
Team Practice Scheduling g) The AASEG may request the use of some or all of the Oakland Arena basketball floor for an Oakland WNBA Team or other WNBA team practice session on days when no Home Game is scheduled, provided the request is made no more than fortyfive (45) days prior to the date of the proposed practice.
Such request shall be granted if: (i) no other user or event has been scheduled to use the portions of the Oakland Arena necessary for the practicing of professional basketball on such day; (ii) the JPA does not need to do maintenance, construction or repair work on the Oakland Arena that would be interfered with by such use or that would interfere with such use; (iii) the Oakland arena does not need to be prepared in any respect on such a day for any user or event scheduled for any subsequent day and (iv) the facility is already configured for basketball use. Notwithstanding the foregoing, the JPA shall have the right to cancel a scheduled practice session with at least ten (10) days advance notice in order to schedule a revenue generating activity in the Oakland Arena.
In approving a request for a practice session, the Director may impose reasonable restrictions or conditions on the AASEG’s use and occupancy of the Premises. The AASEG shall not be required to pay any costs (staffing utilities or otherwise) for practicing in the Oakland Arena so long as the practice session is no longer than four (4) hours.
For clarity, subject to the permitted hours of use, the Oakland WNBA Team and visiting WNBA team will be permitted to
practice at the Oakland Arena on the Home Game day.
5. Other Events
Special Events
The parties shall work together in good faith to secure the rights to host WNBA special events (e.g., the WNBA All-Star Game, the WNBA Draft) during the Term. The parties shall create a joint committee including other key Oakland stakeholders in order to put together a compelling bid.
Other Events
In addition to use of the Oakland Arena for Home Games, the AASEG shall be afforded up to five (5) fan generation/ appreciation, or sponsorship and business development events per each AASEG season on days when no Home Game is scheduled, provided the request for use of the premises is made at least thirty (30) days prior to the date of the proposed event.
Regardless of how many days prior to the date the request is made, the decision to grant the use shall be at the Director’s discretion, and the JPA will not be obligated to confirm the event any sooner than forty-five (45) days prior to the event. Each of the events must be for the purpose of increasing fan awareness, generating ticket sales, sponsorship or business development related to the Oakland WNBA Team, and at least one of the events must be open to the public free of charge.
6. Licensed Premises /
Exclusive Use Areas
During the Term, AASEG shall have the right to occupy and use the Oakland Arena during the Home Games and at other times at set forth in this Term Sheet.
The JPA represents and warrants that the Oakland Arena meets current requirements for compliance with the Americans with Disabilities Act (“ADA”).
During the term, the AASEG will have the exclusive right to use and occupy the “Exclusive Use Areas” described in this section. The JPA will not permit any third party of the Oakland Arena to access or use the exclusive use areas without the approval of the AASEG in its discretion. However, the AASEG’s access to the Exclusive Use Areas may be limited during such times as the Oakland Arena is licensed for use by a third party. For clarity, AASEG shall generally have unrestricted access to certain Exclusive Use Areas (e.g., coaches offices, box office, video room, etc.) as reasonably necessary to operate a professional sports team.
“Exclusive Use Areas” means the Basketball Home and Visiting Team Locker Rooms, Weight Room, Coaches Offices, Medical Room, Main Locker Room, Showers, any applicable Steam Room or sauna, Laundry Room, Storage Room dedicated to AASEG, Storage Closet dedicated to AASEG, Video Room, Media Room, and any other spaces agreed upon by the AASEG and the JPA that are deemed necessary for AASEG to operate a professional sports team and for an optimal game day experience.
- Premises,
Equipment, and
Fixtures
Subject to the permitted hours of use on each Home Game date, the AASEG shall have the exclusive right to use and to authorize others to use for the presentation and broadcasting of Home Games, those portions of the Oakland Arena, including equipment and fixtures that are reasonably necessary for the broadcast and attendance at a professional basketball event.
Such portions include the audience seating areas, the basketball floor, baskets, timing clocks and scoreboards, the signage system, courtside signage, control room, sound, lighting and public address systems, locker rooms, training room, media room, and family room. AASEG should be permitted to use the Oakland Arena box office spaces on an exclusive basis during each Home Game date and shall have non-exclusive access during all other dates.
The AASEG shall not make any alterations to the Arena’s existing ticketing equipment without the Director’s approval and any alterations other than routine maintenance and repair made at the AASEG’s request, as may be approved by the Director, shall be implemented at the AASEG’s sole cost and expense. Notwithstanding the above, AASEG has the right to bring in other ticketing equipment as necessary to fulfill its ticketing relationship/requirements.
- Permitted Hours of
Use
The premises shall be available to the AASEG during the following periods:
a) On any Home Game day on which the Oakland Arena does not have to be converted to or from a non-basketball use, the AASEG shall be permitted to use the premises beginning up to (7) hours before the starting time of such Home Game.
b) On any Home Game day on which the Oakland Arena must be converted on that same day to a basketball use from a different use, the AASEG shall be permitted to use the premises beginning five (5) hours before the starting time of the Home Game or such earlier time as the Director shall specify; Provided, that for Home Games, suite holders shall not be admitted to the Oakland Arena until 1 1/2 hours before the starting time, and the general public shall not be admitted to the Oakland Arena until one (1) hour before the starting time; And provided further, that on such days, no practice session shall commence prior to 11:00 AM.
c) On any Home Game day on which the Oakland Arena must be converted on that same day from a basketball use to a different use, the AASEG shall be permitted to use the premises until one (1) hour after any scheduled Home Game or practice session or such later time on that same day as the Director shall specify.
- Use of Common
Areas
The AASEG is granted the right to use the common areas of the Oakland arena (including but not limited to all lobby, entry, vestibule, balcony, mezzanine, corridor, concourse, passage, ramp, stair, landing, vomitory, elevator and public restroom areas) in common with authorized third parties to access those areas of the Oakland Arena that have been specifically licensed for use by it under this agreement.
Neither the AASEG nor any of its officers, employees, invitees, contractors or any of their subcontractors shall use any portion of the Oakland arena not specifically granted to the AASEG for its use and occupancy for any purpose without the Director’s approval.
- Public Address
Facilities -
Suites
For each AASEG Home Game, the JPA shall provide the AASEG with exclusive access to, an control of, the public address facilities in the Oakland Arena, to make announcements, statements, or to disseminate other necessary information, as related to, sanctioned and approved by the WNBA and its related products. a) AASEG shall have the exclusive right to control the sale of luxury suites for all Home Games and to retain all revenue from such sale. Such suite licensee agreements shall also entitle the suite licensee the right to display signage in the suite and the first right to purchase the suite for events at the Oakland Arena other than Home Games provided that the JPA is not contractually precluded from making such suites available.
b) During the term, at no charge (other than any applicable catering costs), the AASEG shall be entitled to use and enjoy one center court suite, preferably opposite from the scorer’s table, to be identified by the Director prior to each calendar year. The suite shall be available for the viewing of all Home Games and additional events at the Oakland Arena to which other suite licensees are granted admission.
- Ticket Administration
a) AASEG shall control the ticketing rights (including, without limitation, the right to select the primary and secondary ticketing partner) for all Home Games and shall retain all revenue derived from such ticket sales. The JPA shall have no rights authority or responsibility with respect to the sale of tickets other than what is required to ensure that AASEG complies with all ADA regulations. AASEG’s ticketing rights include the printing and distribution of tickets; the undertaking and conducting of group, season, and special package sales; the establishing of any and all prices for basic admission to AASEG events and activities at the Oakland Arena and any related service charges; the collecting and counting of receipts; and accounting.
b) The AASEG shall comply with all policies implemented by the Director during the term in order to comply with the ADA. This includes reserving the necessary percentage of seats and ticket pricing for ADA seating in order to be compliant with ADA regulations. The AASEG shall conduct its operations at the premises in compliance with JPA requirements, including ensuring effective communication for people with disabilities.
The AASEG shall have no obligation to complete structural or other physical alterations or repairs to the premises which are required for ADA compliance.
Other than the distribution of complimentary tickets pursuant to WNBA rules, the AASEG shall take reasonable steps to ensure that no person with a primary purpose of viewing an Home Game is admitted to any such event at the Oakland Arena without first presenting an admission ticket. At the end of each Home Game, the AASEG shall deliver to the Director a box office statement prepared that shows the number of tickets distributed for each game, by price category, and certified as to accuracy by an authorized employee or agent of the AASEG
- Services and Staff
Provided
The JPA shall provide the following staffing and services: ushers, ticket takers, security, maintenance, house stagehands, wardrobe, box office, engineers, medical, OPD, parking, event stagehands, suite concierge, and control room and any other staff typically provided by the arena operator at events. These costs are included in Exhibit A: Game Day Expenses.
The AASEG shall determine the qualifications of and provide at its expense the cost of the following: signage operator, video operator, courtside signage operator, scoreboard operator, staff required for television, streaming and radio broadcasts, scores, paramedics, ticket sellers, and game officials.
The AASEG shall also secure and pay for whatever number of off duty Oakland Police Department law enforcement officers as the AASEG determines are necessary for each player, coach, bench, or courtside security. The AASEG shall not hire any other public or private security personnel for the premises without the Director’s approval
- Utilities
The License Fee shall include electricity, water, heating, ventilation and air conditioning, sewer and solid waste removal reasonably required for the AASEG’s use of the Oakland Arena. Additionally, the License Fee shall include the use and maintenance of phones that are available in the Premises for use by any user of the Premises.
The JPA shall be responsible for the costs to repair any malfunction or failure of any utility service provided pursuant to its obligations in this agreement and shall be responsible for any damage associated with any interruption or impairment of the AASEG’s use, enjoyment and occupancy of the Oakland Arena resulting from any such utility system malfunction directly caused by a negligent act or omission of Oakland Arena personnel or staff. Additionally, the License Fee shall include any Wi-Fi services that are available for users of the Oakland Arena. The JPA shall deliver Wi-Fi services that are commensurate with the Wi-Fi service level of other arenas that serve NBA, NHL, WNBA or NLL teams. The License Fee does not include charges for cable television service to locker rooms.
- The Basketball Court
The JPA in coordination with related Arena management staff will supply a basketball floor for the Oakland WNBA Team’s use. The Parties agree that the existing floor is suitable for use for five seasons, provided that it is not repainted and refinished more than one time during that time period. All costs associated with painting, re-painting, finishing, refinishing, preparing and adding logos to the floor, as well as any changes needed to accommodate the accompanying baskets and courtside seating for WNBA purposes, shall be the sole responsibility of the AASEG, unless the cost results from the City’s permitted use of the floor by a third party.
The AASEG shall ensure that any floor that is utilized contains the words “Oakland Arena” in a prominent and television-viewable location unless such display is expressly prohibited by the WNBA, or an equivalent identification on the floor should the AASEG enter into a new naming rights agreement requiring such identification on the floor. The AASEG shall be able to continue the practice of applying AASEG, WNBA, and sponsor logos on the floor to remain for the duration of a season, in its reasonable discretion.
The JPA shall ensure that any usage of the floor by another tenant shall not result in additional costs to the AASEG. The City will use best efforts to include a replacement floor for AASEG’s use in any Redevelopment of the Premises at no cost to AASEG, and in any case the City will be responsible for the replacement of the floor if needed as a result of Redevelopment, third party use, or if needed after the first five years of the Term.
However, if a replacement floor is needed within the first five (5) years of the Term as a result of the AASEG’s repainting and refinishing the existing floor more than one time, the AASEG shall be responsible for the cost. The AASEG shall assume responsibility for the lease and maintenance of the courtside signage in front of the scorer’s table and digital signage on the basket stanchion (and any other additional temporary signage acquired by AASEG). The JPA shall provide AASEG with appropriate storage space to continue to store the signage safely on site.
16. Technology Liaison
The City shall provide an information technology (IT) liaison to help manage and coordinate IT related issues and needs between Oakland Arena systems and the AASEG’s systems. The specific scope of the JPA’s IT liaison services is subject to budget and personnel constraints, as determined in the reasonable discretion of the Director.
- Merchandise/
Concessions
The JPA and the AASEG will negotiate the terms of Concession Operations, including the particulars of contracting with third parties to provide Concession Operations at the Oakland Arena. This includes the details surrounding all revenue generated from concessions.
As a part of these negotiations, the AASEG shall have the right to do the following: (i) be a participant in the process for the selection of a Concessionaire with the JPA; and (ii) participate in the evaluation process for the Concessionaire whenever it occurs during the Term.
The JPA and the AASEG shall meet at least once ninety (90) days after the end of each WNBA season to confer regarding the Concession Operations for the upcoming season. Where there are opportunities to improve the quality of Concession Operations the two parties will work together and with the Concessionaire, or Third-Party Management Company, to implement such improvements.
AASEG or its designee is granted the exclusive right to conduct Merchandise Operations at Oakland Arena during the Home Games and retain 100% revenues from such sales. AASEG shall have the right to operate a permanent Oakland WNBA Team store as well as pop-up kiosk or store locations during the Home Games. The permanent team store shall be located in the area that previously served as the Golden State Warriors team store and may operate on non-event days and at other Oakland Arena events as approved by the Director in his reasonable discretion.
18. Advertising
The AASEG or its designee is hereby granted the exclusive right to sell, grant, license and present Temporary Advertising on Home Game days consistent with other NBA or WNBA teams which, at a minimum shall include areas at or from the following portions of the lower bowl: the digital signage owned or leased by the AASEG from a third party, the basketball floor, backboards, basketball goal supports’ padding, player benches, 24 second clock, press table, scorer’s table, team and trainer equipment, visiting team and trainer equipment, video portion of the video board, the concrete walls in the lower bowl, the seats and seatbacks in the lower and upper bowl, the blimp and similar devices approved by the building manager, media room, settlement room, courtside entrance, family lounge and the curtain. The AASEG shall be entitled to keep all revenue derived from AASEG’s sale of Temporary Advertising as granted in this Subsection. For clarity, there are no restrictions on the Temporary Advertising (i.e., advertisers may compete with the permanent Oakland Arena advertisers).
The parties shall in good faith discuss the opportunity to jointly sell Oakland Arena permanent advertising opportunities.
- Broadcast
AASEG shall have the exclusive right to photograph, film, videotape, broadcast, stream, record or otherwise mechanically reproduce the Home Games and all related activities on a live and/or delayed basis. AASEG shall have the right to retain 100% of the revenue from any such activities.
The JPA shall use best efforts to assist the AASEG and its broadcast partners in broadcasting the events including, without limitation, providing reasonable access to the Oakland Arena for the broadcast partners including, if necessary, outside the permitted hours of use and facilitating access, at no additional cost, to park and power and addressing any problems with the local utility companies.
- Parking
The JPA and the AASEG will negotiate the terms of Parking Operations, including the particulars of contracting with third parties to provide Parking Operations at the Oakland Arena. This includes the details surrounding all revenue generated from parking.
As a part of these negotiations, the AASEG shall have the right to do the following: (i) be a participant in the process for the selection of a parking operator with the JPA; and (ii) participate in the evaluation process for the Parking Operator whenever it occurs during the Term.
The AASEG, at no additional cost, shall be entitled to full use of the Oakland Arena Parking Lot for parking for Oakland WNBA Team and opposing WNBA team players, staff and other special designees and media rights holders, officials and press on Home Game dates. AASEG shall also receive a reasonable number of discounted parking spots for season ticket holders and complimentary spots for sponsors.
- JPA and AASEG
Maintenance
Responsibilities
The JPA shall maintain the Premises and JPA-owned equipment therein, in a neat, clean, safe and sanitary condition, and in a good state of repair that is at all times equal to the conditions existing at the start of the Term, or as improved during the Term, ordinary wear and tear excepted.
Upon the expiration or termination of this Agreement, The AASEG shall be responsible for returning the Exclusive Use Areas to the City in the same condition or better as when it took occupancy of the Exclusive Use Areas, normal wear and tear excepted.
- Assignments and
Transfer Of
Ownership Interests
The terms expressed in this Term Sheet and any subsequent lease agreement that may result will be contingent upon the AASEG being able to acquire and secure a WNBA franchise to be based in Oakland, CA.
The proposed terms of this agreement will be considered null and void if the AASEG is unable to secure a commitment from the WNBA to place a franchise in Oakland, CA within 24 months from the effective date of any signed lease agreement.
Upon securing a WNBA franchise, the lease and conditions agreed upon including any financial responsibilities will be transferred to the applicable ownership group of the WNBA franchise. For clarity, the AASEG will be a participant in the Oakland WNBA Team ownership group.
- Insurance and
Indemnification
The AASEG shall obtain and maintain insurance in full force and effect throughout the term of this Agreement and reasonably requested by the JPA. The JPA reserves the right to adjust or otherwise modify the insurance requirements, provided such modifications are then available in the marketplace and at a commercially reasonable cost.
The AASEG shall defend, indemnify and hold the JPA and its officers, employees and agents harmless from any and all losses, claims, actions, and damages suffered by any person or entity arising out of any negligent, reckless, or intentional act or omission of the AASEG or any of its agents, employees, invitees, concessionaires, contractors and any of their subcontractors in connection with the AASEG’s use or occupancy of the Oakland Arena.
Nothing contained in this agreement shall be construed as requiring the AASEG to indemnify the JPA against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from negligence, reckless or intentional conduct attributable solely to the JPA or its officers, employees, or agents. In the event of any liability arising from the concurrent negligent acts, omissions, or breach of the AASEG and the JPA, the AASEG’s duty to indemnify shall apply to the extent of the AASEG’s fault or breach. The JPA shall defend, indemnify and hold the AASEG harmless from any and all losses, claims, actions, and damages suffered by any person or entity arising out of any negligent, reckless, or intentional act or omission of the JPA or any of its agents, employees, invitees, concessionaires, contractors and any of their subcontractors in connection with the JPA’s use or operation of the Oakland Arena and from damages arising out of a breach or default in the performance of any obligation on the JPA’s part to be performed under the terms of this Agreement or any breach of any representation or warranty made by the JPA hereunder.
Nothing contained in this agreement shall be construed as requiring the JPA to indemnify the AASEG against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from negligence, reckless or intentional conduct attributable solely to the AASEG or any of its officers, employees, concessionaires, contractors, or agents. In the event of any liability arising from the concurrent negligent acts, omissions, or breach by the JPA and the AASEG, the JPA’s duty to indemnify shall apply to the extent of the JPA’s fault or breach.
- League Rules
The parties acknowledge and agree that this Term Sheet and any subsequent Stadium Lease shall at all times be subject to and compliant with the WNBA rules.
