E·l B Z ed O w ~16 Pnll ~ld OdXI O O 7~DDW M $ 5 I~~os d) u O II~IS 1139 W OO M ldl~ ?n r O OlC I W g i BATCo document for Legal Services : Health Canada 18 May 1999 C~ ZI I I 1 I I I $ d, I I I I O u Irl s a, k o P1 PL ·; ~1 c 'C ErllS~he KO E4 rCI I I I I I I(I~ O 8 P, OE: O a c Z CI e O =I ~~"""w~q n n ~ m C3 Ec ,8e~u,u~ v~ Q) Fl Cd I I I ~B~d~B~~ IrlO Ell k PI s I;; d) i I Icr 'iD O se C e I·I1 I I 1 i I L I i " k C1 d g ~Cri " F: w o D%eQODbO O W r n N r ~Y ~8muu~~d Ln E C~j U1 U1 U1 BA~Co document for Legal Senrices : Health Canada 18 May 1999 ~e x Z" v, M o ed I~ W VI '3u t u 'B oo O 1~O M k d) dj D( N d a t e I~ I~i~ J $ d g k iE o n O 8 e ~d B E O e L~ R Wd O c jill P * W o O ,u Z BATCo document far legal Services : Health Canada 18 May 1989 Z s4 S 51 lr3o vl vl d, b0 vl vl. (d O (d E k V1 PUp~a P) ti0 F1 E( 'CI N U 13 k b) p OO tj3 d C~ h O O O u =f O b) C~C 4~rQ) b) ii rC El O O g o 1M O u rd It~u r O r 13 V] Q, a rn 3 o O O a w iLi d oi w :U O f BATCo document for Legal Senrices : Health Canada 18 May 1999 3al I I I d Iv E O u F Z r C W O ~II wr d B k 6E1" O 1E ~MIE ~d Y 01~ KP h Lb O EE ~n U I ar W L al & o I I )ar M P~ W k I I ar (( t> B1~ M rr d I I a~l '" ar O I ~C rl 1" W (1B SL IIP W 8 O 11 lln I p a a P n O I BATCo document for legal Services : Health Canada 18 May 1999 9, b aa Q~ E9 \o~ )Z; [fl c~n Ez~ 3 rr 33 irj I 2F10"1" k 6E ~M C~p SE~m M b) C; IC ~M 'r' I 2~ 19d~I~~ k A Ilm V3 PE ?m V1 EE '(M O ZE lIm % IC~~m U OE ~M d) a~ bO R Cd r, In~ a, Ityn I la 1M r/l C~ n~t~n Ao ap c~ d Irl n~F~ n~m III aira ~M 61 ;im 81y OC~ II Im I r: C~ o BATCo document for Legal Senrices : Health Canada 18 May 1999 11 v, e O 5 Ea Z~lo W W~ e Or o ao ~ O I · ~I_C-! U B r W k ii ~o a M A a H s x d'~''d · b O O f w o BATCo document for Legal Senleea : Health Canada 1 8 May 1999 RESUETS: EFFECTS OF THE EVENT Evaluation of statements En~ance Exit En~ance I E~it Entmoce I Esit Maribom I Marlboro I lucky lucky Camel Camel S~ikE S~ike n=146 n=361 n·146 n=361 n·146 n·361 STATEMENTS: advenmrous 4.72 4.55 4.36 4.11 5,24 5.25 libenine 4,09 4,07 4.01 4.59 4.40 lucctslul 4.77 1 4.80 4.41 4.34 456 4,57 dvnarrjcal 4.16 4.03 4.16 4,03 4.22 4,13 sturdy 4,37 4,49 4.21 4.27 466 4.6g infiucnrial 4.23 4.26 3,75 3,94 3.97 4,11 9elfassured 4.33 4.43 4,28 4.26 4.46 4.60 carefree 4.27 1 3.80 4.22 392 4.28 4,03 independent. 4,39 4,02 4.58 4.28 4.69 4,34 challenging 4.19 4.19 4.37 4.42 4.47 4,56 1\ no~iid~ 3.48 3,31 4.08 3.82 360 3,53 i friendly d.09 4.08 4.3'7 4.22 4.16 4.21 reliable 4,10 4.11? 4,25 4.19 4.13 4.41 Ji Ispdtli 3.43 3.62 3.59 3.82 3.46 3.'14 unreal 2.97 3.07 3.18 3.11 3.29 3.28 E s~eaed 3.25 1 3.15 3.06 3.10 3,01 3.09 arrogant 3,38 3.54 2,97 3,3( 3.14 3.23 i pighc3dtd 4.20 1 3,87 4,27 4.06 4.27 3.72 superior 4,01 1 3,11 4.01 3,71 3.98 3,94 p square 3.80 1 3.51 4.05 3.51 3.83 3,51 conservative 3.40 1 3.23 3.62 3.53 3.31 3.28 exaggerated 3U 3.37 3.19 3.15 3.30 3,10 indiffe~nl 3.39 3.33 3.19 3.09 3.35 3.15 O b2arkctlerponse 31 AOS 523,616 W BATCo document for Legal Services : Health Canada 18 May 1999 ! 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Oa E F~ Or O 1/1 u3~ xp, ~Z~ (d ~4 O 3 O O o ed 'f: d~g) ,, k bO v,Tf Q) $O ca(dE c~ oC ~ O E~d o c: O OQ) ~ C a, "3 tl U gb) OC cdC Q) m o 'C o O a Pi o o ,oIci a h) C ~ (e~i , ~ a d ~C·l C1 X r~C·6, hi)c3 k0 O M6 OCE: E: ~ a, o P,, d) ~e ~ ti~ O a i f o Ih~ r c~ BA~Co document for Legal Services : Health Canada 18 May 1999 ~XIR[DVC~T~I & asdk-f~ frnr ~~ W Cawltonu 1,1, L colloctlrg $ ~rt~ ~~ afl - all riaul d~li~ - m nslcool yrintd ardia · nurl ~ raJlppto - ~·t~dcJor mdio of lJhiefi ~ ~~ ~~ of lOOO co9ioo ·(f~pll~)lugu~ .tr~ jatolat R ~~ ~ foUc~ i~orPut~ pr prlod bl Id: - nIo of ~ oevsplpt or rmgz~ - tho priod, dol, vook or Inrh of publl$oIlr of Ich mcd~a - ~ tot~l nmbsr of rdllimotroo - ~~L~ 1~ ul~Ld r faUlklsl Gu~i~V of atllfrmt~ x tho ptiu of th ~~iaapn~ent vith I 1~ · ~~ with ~ n~ta nrdi~ - ~ ~kr of coploo (B ~th), th twl robor of ~Uirmtnl ~ tho I~~d v~w ~ ~ bg p~, ~ ~ clrm~ck 0 dota, Bosldos ~ Mo~t~ vlrh qd to ~ print~d medi~, BDT Cawl~nt~E 111, ~~~ ~ tho ~b~~ Co P~i9~, ~ r~sr of sscads d nlue ~ ~d, ht ~ mprnr 9DT COI~UltpltJ )I1I ~~ ~ LUPJI~ I,l,t blPrjS: - La~ · ~uck~ S~~ ·knscnC~edgc~ BATCo document for Legal Services : Health Canada 18 May 1999 II L I r c r u ·I Y L *· * * L*l 1~·1*11 11111 "' MI~*- ·yi ~irri c I· II I' ·I· rir r Ii I·1ICI* " " i~r*l·ir IIIcI II 1 *11~1 ~ 1~ 1~ IC)III IiIuI I I Ir·e· ·I·I ·ILI I I 1 L I II I Y, I I I r 1I·I·III ·1···11 ,ri~· u e.-. u u I I I n ·I L1··lil Ilie ,, ·r ~~~~c·;* uII I L u I I I · I , IIMiei~ IIIAI YI I I I Irii I I I 1 3 I I 1(OI11IL "I;~i~ * ,,, I le·NI Y I I I I · lCI I I I I · Nil*~·13 MI~··i~ II·II i~~~~l~ I~:~ w ,IIIII r r ·* N ,I·L·lie II·IIir IhIII ull I I u I I I f * II Iv I I I n I 1IL*lll· IIk·IlI II·I· h' I I·rlllM u u *- I I I I 1 r I ~~*"~a **I·~I~ I·I·, u IIIIIII HN'lIIII 1II~~ II YI I I I 1 ·~ II Y II *A ~I I 1 I * PI I(l~*LII rcr~~ii i~i~ ,,,,, I 1 I-ir LI Y I I ( I II I ' I I I * Ilr I I r IIIeIII ~ll·~~L II"IIII Nllt··ll ·""I I I 11'1 CI I,I IIIII 1 111·1I 1 1LII· (I Y II YI I I I I * U * Ir* ·I 1I IIIIIII 11111 LI u ,,, I u, r, I* n *I ~*~~·~e *nIII1I IlIIi I L ~I I Iv ~I ~I LI Iul I I L I · I c, *Ir ·I Y 1 I I I II L LI I ( 'I I I W ni I I I~ c I u 3Y1 II ri 1 I I nit O * Y ·,I r ·' I, '1 I , Ir. W Y( I II 'III '* 1~· · ci I,· Il p ·* · 1·111 leHY~ IL I · Y YI~ Y·,,Y a ~~::: · ui~u *Ir r,·c,*~ Iriei · LI~~*·i L ril·· rlYIIIL ~ ,.... W ,, c ·Irli~ C1(~3~1 I IYI·l I II*·ric 'Y·~~* I *I LIIIclil r l·(u~le IrlYI · LYI·I L 1 lcYIIlI 1 ·1·· BATCo decumelt for Legal Services : Health Qnadl II May 1919 L I r L I Y r I Y L r * * r r I~~IIIIYII Yl~lr i· :;/;;;;;;I; r · ,,, L I I · II I I 1I II-IICII I~·*i e ~I~L1 L1 ie r I*IC ·I*I I ININ · LI I 1 I I * YI I I L I ~r·l·r·~··~l w~k·*il Ini*l; H I ·ri~li* 1·II· YI' I I I r * UI I I f ·* I I I r I I 1 * III-YIII·IIW r*i~~iw I~ic I I.. r, I I r i II IIIIII NIrI hi 1 I I · · I · u r r ·I I 1 , Illllllh·llr · · · · · · ~ ~ I · '···'I · I·~·n Y I···1·~·III -IIIIIII I~·r uii I I wi f III I I 1 3 cL-INI~ I*·· * Y IOIQrl~ll ~ ~~-~11* 1·.11 YII I~ NI I* In·N I I i n I ~I u ~~1~·~··,~ ull I I I ·L N I III I V ML~*WI1 I-1~~ *J ,·,I u ~I~~~~*··,, IN IT1" II e ,r I- ·L Ikik· I · rilll~L~LIII ee~*I(~ ~·~r~ * u IIII1ILII L rii I I r v *- I I i i i N I I L r r 1 I It " * I Y, YI1 I I* e II I~ I* I II I *·r L II 'kNIcIl IIIIlI r i~~~il~ II L I* II I ·I ui ' I I ·~ · r Il I I I r II ,Ir~l~~i~io ~MY-li~ Ihic CI ~;i~~ I l~le r ur u 1 e r wii I ul · I ul , I I ~~NJ·i~ Ili~· L Y·li~i~lM~~ I ii 111*· ui ui u I It 1Y I i i i I r * · II 1 IIIInnIII I Ill~~ic ~~in. * i I IY Il·l·M·l I cut I I r el ··~ I I I r II r I L I HI I I I i L( I I LI r c' I In iu L( 1 ·11~1 11~ W L L 1 IL1 I * V Y Y Ilyl I ri rI u *H *II 1~~·· r 1 1·1~1 O ~I I Irr ru I I I, IHr ~ I r· Iu lu W I ri~~U *I r 1 Iil~ci* 1 ,,, ~~~~~ru~r, II I , rl·II~L I I ~'L CI-~l~~(l I · Y I*·I~Clule Icu·y· I r I~~r~~u- I IlruII··rll I IIIII r I~ W BATCo document for Legnl Services : Health Clnadl II rll 1119 e · u I r r · I 3 I Y L C * LI · I I · r ~1 11"1 f,= IIn,I I- ie ·I· CI" ' I I 31 ,, INIIII rlrl 11~1~ 11II ri n u III ~~lri- L u I * · I ·L * n I I le·ir I·I~I I-]··;I III I I n r I I ·!··I· IIIi· 1I;I; I , ·- I r I III 110111 I~ I I , n * u n Y I··II 113(1 1·1·1 I Y ·, I I r 313113 Ii·i· i·;·; iii:i :~:~: * ii ; i 1II"I" Ile Il·ri '* 1 I IIIII 11·11 11113 u u III 31 1 I I I I II rl~~l~ II"I"I I u ~I·,· u I u ·I I * * I I n r ·,·· .. 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I, NIIl(Y IliM; I u r . · I ~u I 1.I ,1 '''* Iv ii 11II1 * rr C I·- I * u Il L L I ; ; ' ' " I I I W ,, I ·, I*r ei 311 ·LI O L IluI L I) 1 1)3~ II C L1 III- 1LI W I ( L V I i, Ilu u I~I L )· CL·· I ·I~ · II I* IIICI I I* 133·· · I tL L ,, L ~I· 1 LII~~I~ 1·1·1 clr~il W UI Icuuic 1,1~I r rirI I Y ·IIu "~I Ie IEIC BATCo document for Legal SenkcJ : Health Canada 18 May 1999 s, iN " ~II A LII eln I *iu '7 ' I'I r II Is cir ui ct II I ~~~ I CI~·~r· I· r ri· ~l~c~~ r I~ ·I· I~ u * *IL n' · ·' · I · I Y - I liC A yi* sil ·· I Iir n ~I- I Y II 1 Ilk sil Ic u r T T(I *' · · I Y II · ~1· I~ ·'n I I'k 1 Ilk I I~ 1 ~~~ Ii r Ik -~· · ·~. ~"" u~* r o'* u I+I 1 ullH I 11 4 V,I 1 I I- Ir I NIr k ·I* * '1 n Ilk uil I ii ·II ·L I'* M riC ~ 111 Y 'k I 1'1 1 111 liik 5 Ir u I r ii ' riH In M II NIh III 1 Aln I lIC YM I i I t . I ·I r~i~ r I* ~ Iir Y I Ir k II ·1 ·I· I 111 · yi* 1 * Y I- * IIn lrIlr · IC L II1 L( Y I Y II M'M 1 ~r r II llh Y ·)I II ~I ~I I ii " IIPl r Ilk YII3A L I V i 1 -.~I R · I I I YC L * I'C n In ~I r 1 L( * I c II II Y I1 I ,I vIII I- I~ UI Y 1) ly -r II II n L( 1( H I II lu iy I ~I~ Isl.~ ii Ir It r~ r ·, L O 1 , ·I I I ·I n ~I I I, I Il Y II~ '' " ' 'iZ '" 1 u· u- 3· Y r · L11 ·II W '' I, c I · ~I· ri ·I nir ~,, c ·~ u I u r riI (I· yll Y ~II u ·Ir c r , c I ·I( · yll II* yl· C CI1 ~ ·Ic C~L CI* BATCo documont for Legal genkr : Hoalth Clnldl 18 May 1181 LIUPT~TIIS; RGP6WEI I~IRT Repde or, 1 92.17 C~a~dm list: : WnV 6, 1992 n,P,C, ~~P~T. : Cerrral info d~ regerd to Tr ~~· oitg bp 9portsplrluloring in 1991, Sanr~(s) : B,D.T~ R·e~ared b: I, Vcrder Antber 8 report or, 1 91,14 lleclrgrand of C report: ~r ~~ a idee abah ~ totll free ~~$ value bp (~r~) prcducrs, ~t~ rd wents lo 1991 L ~ ~ b~~rard of ~ reportl ~ teport s~ I~o 6 ~ct~~s (type of spolte) of a peln cnrpetitors, B~D~r~ I~t~td the total free plblicity vPlue bp eportsponsot3F8 r 70 ~1 guflders fn 1991; 97X of ~ was ~ribued bg ~1~~ ad the net by pritlted redie, BATCo document for legal Services : Hea~h Canada 18 May 1999 ~ WBII~ IFC~SP~S~UN; mP a B~s 1991 8~ 1~ (k pill Mis,) ~& 231739 2 ~ld ~1~ 20,805 15,393 i ~1 1b,284 I PTl Telecem 111,120 6 yi 1~ 131i6i 7 12,019 I ~~le ~r~Q 11~YI 9 10,171 10 lOtto 10,160 11 Sportlife 9,813 It 9.776 13 Sl~and~ 8~C03 ii ~4 baJ 8,596 15 1a5er Cc~puten 81366 16 8,259 17 7,926 18 Camn 7,725 19 ~ei~ta 7,590 20 7,573 21 Sc~6~Pnreu 7,177 22 Lp 7.85 23 Peugot 7,006 21 Coca-Cols 6,879 PLlr Plastics 6,660 BATCo dOeUment fOr Legal lenter : Hedth Cllldl 18 YI 1888 1 ~BLIC~Y IFCRTSF~NS~I n 20 Toauxxl (FIIAIE9) PRIXWCIS )rd Value (L~I~,) ~1 51838 2 4,304 3 CheJtarfield 31828 c Rok. ~1 hop~ 3~030 S rl~ Strike 2,872 6 rropt~ Czrs [el) 11336 I SPns~ 11224 8 IXnhFIl 811 9 DMlston 421 10 brhms 168 II Blrelrg 162 It JYa ShaS 123 13 P, Stuyvcs~ 49 14 ~CbttC 46 II Jnraanse Janeeru 2l 16 Dnwe Egberts 28 If 27 18 bl·r~atam 20 19 11 20 G~irs Ilonlos 6 BATCo dacum,nt for Legal Services : Health Canada II May 11)9 FREE WStIClIY IFCRTSPCIE;CRI~ TOP258lrSFFOF BPI~SS ~ ~~ of pa Ftr~ divisicn Foot~~ 197,581 2 ~~ia~ ~~4 62 ,172 3 Eumpm Foatblll $ ~d,lP ~$ ~sl 43,033 S Tanls 351164 6 32~ 168 7 volleybau 30,695 6 Bdskrtrball 30,299 9 30,194 10 Athkt~ 15,874 11 HYdb~ll 15,374 12 I,N,V,B~~ 14,447 13 Slutfrg (frLJ) 12~t30 14 ~d Divis~ ~~~ 10,005 IS ~tome$ 8,930 16 Cdr-races 8,19 17 ~htn~ls 7,397 18 T~~riu~ 7,132 19 Fann~la~~ras 6,847 20 Hod(Py 6,129 21 5,576 22 ~rcass 5,387 23 Crl TrPp~ 5,364 24 ~rl~ skatin8 4,852 4,139 BATCp document for Legal Services : He~tb Canlds 18 Mey 1959 FREE IYBLICITI SPC~SP~S~DX; 'IW 20 BY 1C~Anffl tocatian value tin mllla Mis,) ) 1 Stadicn FFjenx,nS R'h 75,776 · 2 Fhilips Stadicn Einl~ven (PSV) 57,989 3 'Ihlalf Heere~v~en (skati~) 28 ,210 " 4 CalgwJaard Utredrt 19,313 · 5 Watetgraafs~r ~nstord8n (Ajax) 18,525 f 6 Costerpark [I~nk~gen 15,777 7 Bet HeU~dlisje (terplis) 14,670 t 8 Ol~npisch Stadilx~ Irasterdam 14.588 t 9 Die~an ~sc~ede 12,540 10 Beskerballcwntre Den Bag~e 10,995 · 11 tbaspoort Den Bosch 9,677 :' 12 ~Iet: Kastecl Ratterd~ 9,429 " 13 Sportpa~k Volendam 9,336 1 14 Gem. Spoiepark Tilburg 9,097 15 t~my RbtterdBD 8,177 16 Spartplrk ~eldootn 71576 It Tera~spark ktannxd 6,010 · 18 Abe IaEstn Stad~c~ Beeremreen 5.619 · 19 De Geusselt NijrreBen 5,185 20 Circuit Pssen 51176 t Football Stadicas BATCo document for Legal Services : Heath Canada l8 May 1999 ~ nlrcm oxtcls#rsac~x; b bra~dp·Ltype d ~~ Vnloe (in ~ ~L~) CP~ B2~n~ I 1.144 ~1 rroplrg l,ms ~tcrc~ss 119tl ~s-D~ 686 Pl~~pd ~rs 5~839 PRO~, C~LIRROAm el Trop~Fj %,Gsa ~rs 587 3,Ot9 'IHRDYHY C9RS ~1 rroplrp 1,336 ~ra 136 1,472 Q(ESIERFIEU, ~tac~sa 2,961 156 &ach Fdcin8 Oduvcnlngen 610 ~rs 61 3.81 C~IIII ~estrianlsa 7b3 Qlf 6b O Tennis I 811 BATCo document for Leg~ Services : Health Canadl 18 MPy 1999 5 brardbp·t~i~e of sport Value tin mill, Dfle,) M4I~X(D Fon~ura I 2,938 ~to races 901 Auto oily 256 Motor rec~8 lu Ot~rs 85 4l303 ROIHIP~S Motorcrose Ifl Ortu~rs 14 P~S;WVES~T~ Surfing 46 Ot~rs 2 BATCo document for Legal Services : Health Canada 18 May 1999 FRF~ KIBlrCITI STCRT;PIRSORINC BY LCC~II~ BP BPIV~ CI~CUTTAS~F~ value tin ndlle Mlsl) toc~ StrJ~e 2,040 Texaco 1,824 Michelln 476 De Telegraaf 292 Oliwtti 252 Dranjeboan 139 Coea·Bla 113 IXP~l~p 36 Others 4 5.176 CIRWIT Z~)~WI~ Harlboro 239 Penaule 235 Sarscxl 159 Oliwtt~ 84 Barclay 80 Citt~i~n 75 Total 63 Bobrand 62 blfa ~a~o 53 B.M9, 53 Nissan 52 ~c~lin 44 L~ncfa 43 Rijthaave 41 Toyata 41 mnlop 38 Visa 34 Esso 33 Canen 28 turlr, Strike 27 Kal 24 Others 148 1.656 BATCo document for Legal Services : Health Canada 18 May 1999 Free Publicity Yaluc by gport~poniotlng Oflr. '000 1987 1988 1989 1990 1991 1 Camel 2851 1517 2723 1531 103(1 Z Marlboro 1599 1995 5ts9 9621 P301 3 Chetterfi~ld 0 0 136 1619 3828 0 lucky Strike 199 1021 1122 1396 2872 5 Ounhill 2920 ~23 588 88J 811 L Rothmanr 185 136 115 66 168 I Barclay 65 41 88 ill 162 B P. Stuyvirant 1 30 31 100 19 9 Pall nail Ewp. 909 615 131 120 27 10 tdvlolsc~ 0 O 0 82 6 II Ph. Morrlr 3 3 2 0 2 12 Benron ~ hedger 0 O I 0 2 13 J.p.S. 5b 109 5 ii 0 id Caballere 982 1097 5 0 0 15 Lexington 1992 593 30 0 0 16 L ~ H 255 3~ O 0 0 Total 12629 7561 10709 21601 22512 O~veloDmcntr Sharp ~ Sdmsdn Sharp 1203 2634 2500 277l 1138 SdmrOn 66 271 120 1062 1221 Bron Jaaroveritehtrn HOT BATCo document for Legal Services : Health Canada 18 May 1999 O i ,I I 9~~E ii II W O BATCo document for legal Services : Health Canada 19 My 1999 :'L.'·' I ·E F: ~Y~W'6! II I#~P~~~BB~ F.~i 111 ii 11 zl~ 1 O 1·1 ~ QI V\ BATCo document for Legal Senices : Health Canada 18 May 1999 ~ py~PlriS~, I a a I mrrmam~ O CIJ cn O BATCo document for Legal Services : Health Canada 18 May 1999 T H I S A G R B e Me N T is made the day of One thousand nine hundred and ninety BETWEEN (1) SPORTS eJ LIMITED whose registered office is at P,O. Box 415 St, James House New St, JalPes Place St, Helier Jersey JE4 8WH ("the Team") and (2) THE PERSONS whose names and addresses are set but in the Schedule hereto ("the Sponsor") W H E R E A S The Teas is the owner of the cars [as hereinafter defined) which it will prepare and eater in the races las hereinafter defined) and the Team has agreed with the Sponsor that it will in consideration of the payment to it of the fee las hereinafter defined) by the Sponsor render services to the Sponsor in connection with the races to be held in 1991 for the F~IA Fo~ula 3000 Championship NOW IT IS HEREBY AGREED by and between the parties hereto as follows r,(l) ~n this Agreement the following expressions have the moaning respectively set opposite them!- L! BATCo document for Legal Services : Health Canada 19 May 1999 'the races" means all of the races for Formula 1000 racing cars comprising the 1991 FLA European Formula 3000 Championship being a minimum of ten races "che cars" means two Reynard 900 - Hugen racing oars "the Driven" means as number one DAWON HTWI or EDDIE LRVfNE or a driver of their standard and as number two driver LAURENCE AEILLO or MIRA SRLO or a driver of their standard or any persons substituted for them from time to time in accordance with clause 6 hereof "the fee" means the sum payable by the Sponsor to the Team under the terms of clause 3 hereof "raceworthy condition" means the condition in which the cars have been passed by the official Scrutineer for each of the races 'the Sponsor's insignia" means the badges decals logos or other identification of the Sponsor BATCo document for Legal Services : Health Canada 18 May 1999 "Ehe Team's unifan" means tee shirts sweat shits shorts trousers jerseys jackets anoraks socks shoes wet suits overalls caps and umbrellas bearing the sponsorls insignia (2) The obligations and liabilities asstmaed by the Sponsor hereunder shall be deemed to be assumed by the persons comprising 'the Sponsor" jointly and severally 2. Svs~eCT to the payment of the fee to the Team by the Sponsor the Team will (1] provide and maintain the cars throughout the currency of this Agreement in a raeevorthy condition with all necessary spares and replacement parts painted and finished in the Team's official colours with the Sponsor's insignia as shown in the attached drawing marked "A" (2) enter the cars in each of the races under the name "BARCLAY TEAM BJR" and present the same in a raceworthy condition for the Drivers to drive at each of the races (3) use its best endeavours to ensure that ROBIN HERO is BATCo document for Legal Senriees : Health Canada 18 May 1999 the team manager and TREVOR FOSTER or PAUL CROSBY is the race engineer of the Team (4) provide at least twelve competitive test sessionslpre-race trials each of not less than four hours in duration (5) ensure that the Team has direct factory support from Reynard Cars Limited 16) subject as hereinafter mentioned permit the Sponsor as and when the Sponsor reasonably requires to have the use of the cars the Drivers (for not are than ten days each in total) and the Team's personnel and transportation for the purpose of promotions by the Sponsor including the taking of still photographs snapshots movies videos and in producing television and radio commercials and other advertising pronotlonaland sales materials (but excluding the autographs of the Drivers) for the Sponsor during the currency of this Agreement provided that the racing teeting and development programme of the cars is not interfered with and all expenses reasonably incurred BATCo document for Legal Services : Health Canada 18 May 1999 by the Team and the Drivers in respect of such promotions are reimbursed (1) ensure that its activities and use its best endeavours to ensure that the Drivers' activities shall do nothing to injure or bring into dls~epute ridicule or lessen the public reputation goodwlll or favourable image of the Sponsor (Bi use its best endeavours to ensure that each of the Drivers is in a fit condition to compete in each of the races (9) ensure that each of the Drivers wear race suits in the Team's official colours with the Sponsor's insignia as shown in the attached drawing marked "8" at all relevant times at each of the races and at all other reasonable times (IO) Ensure that the Drivers wear the casual clothes supplied by the Sponsor at all relevant times at each of the Faces and all other reasonable times BATCo document for Legal Services : Health Canada 18 May 1999 (rl) ensure that the Sponsor's insignia is carried on the Team's transporter and support vehicles as per the attached drawing larked "C* (r2] ensure that the Team's personnel wear the Team's uniform supplied by the Sponsor at all relevant times at each of the races and all other reasonable times (13) provide the Sponsor with at least four plastic and six paper pitlpaddoek passee and three ear park passes for each of the races (14) use its beat endeavours to mount in car television cameras on the cars at each of the races and obtain permission from the PIA to obtain a compensating reduction in the official weight limits of the cars PROVIDED TAAT (a) in the event of the mechanical b~akdown of either of the cars howsoever the same may occur the Team shall be under no obligation whatsoever for any loss damage or expense suffered by the Sponsor BATCo document for legal Services : Health Canada 18 May 1999 (b) the Team reserves the right in its absolute discretion in the event that the Team considers that either or both at the Drivers is not in a fit condition or either or both of the cars has irreparable mechanical faults or accident damage to withdraw either or both of the ears at any time whether before or during any .of the races and the decision of the Team shall be final and binding upon the Sponsor and the Team shall be under no liability whatsoever as a result of such withdrawal Icl in the event that the Team shall fail to produce either or both of the ears In a raceworthy condition for scrutlneerfng at anyof the~racae for any reason whatsoever or shall be in default of any of its other obligations contained in this clause the Sponsor shallonly be entitled to the reimbursement of a proportionate part of the fee In respect of each of the races for which the Teas shall be in default (d) if either or both of ROBlIP HERO end TREVOR POSTeR or PAU~ CROSBP shall be unable to provide their services or shall withdraw the sane the replacement team manager andlor race engineer shall as far as possible BATCo document for Legal Services : Health Canada 18 May 1999 be of equal standing and experience 3~ The Sponsor In consideration of the performance by the Team of its obligations hereunder in 1591 dll:- (1) pay to the Team the fee being the sum of ONE MI~WIION ONE HUNDRED THOUSAND POUNDS (E1810(11000) exclusive of Value Added Tax payable as to POUR HUNDReO AND FORTP THOUSAND POUNDS (E440,000)on Ist january 1991 [or on such earlier date as the Team may request to meet expenses incurred or anticipated prior to ist January 1991 in respect of the preparations of the Team for the races to be held in 1991) acid TWO KLMDRED AND TWENTY THOUSAND POUNDS (f220,000) on each of Ist Pebruarl 1991 ist April 1991 and Ist June 1991 PROVIDED T~I~T if any of the said instalments shall. not have been paid within ten days of the due date for payment thereof and there shall at that time be no outstanding notice of default under clause 5(b) hereof served by the Sponsor on the Team then the Team shall be released from its obligations hereunder but the Sponsor shall nevertheless be liable to pay the whale of the fee then unpaid with interest thereon at the rate of I$ per annum above the base L BATCo document for Legal Services : Health Canada 18 May 1999 rate from time to time of Barclaye Bank PU: until payment by way of agreed damages (2) provide free of charge reasonable quantities of (a) casual clothes carrying the Sponsor's insignia for use by the Drivers (b) the Team's uniform for use by the Team's personnel and (c) stickers decals and insignia and other promotional material to enable the Team to properly carry out its obligations under Clause 2 hereof (3) ensure that its activities shall do nothing to injure or bring into disrepute ridicule or lessen the public reputation goodwill or favourable image of the Team 4.(a) This Agreement shall became effective as of the date hereof and shallremain in effect until the 30th November 1991 (b) in the event that one of the Drivers finishes L the first three of the 1991 FIA European Pornula 3000 Championship) the Teas Iii) the Sponsor at its absolute discretion G;i BATCo document for Legal Services : Health Canada 18 Nlay 1999 may renew this Agreement for the 2991 FIA European Formula 3000 Championship in which ease:- the Drivers shell be agreed based upon a short list of potential drivers agreed by the Team and the Sponsor (ii) the make of the oars and the engines shall be agreed after discussing the same with the Sponsor (iii) the fee shall be the sum of ONE MILI~~ON TWO HUNDRED RND FIFTY THOUSAND FOUNDS (E~,250,000) payable in the same proportions to the fee payable hereunder and the Team and the Sponsor shall forthwith upon either the Team giving to the Sponsor or the Sponsor giving to the Team written notice of its wish to renew this Agreement for 1992 prior to 30th November 1991 enter into an agreement in similar terms (mutatis mutbndis) to this Agreement (b) Notwithstanding any other provisions herein contained If either perty shall failto perform any of its BATCo document for Legal Services : Health Canada 18 May 1999 obligations hereunder the other party shall firstly give notice of default and if the alleged default le not remedied within fourteen days of the date of receipt of such notice or before the date of the race next following the date of such notice whichever is the later then the party giving notice of default shall have the right to terminate this Agreement forthwith and the termination of this Agreement in accordance with this Clause shall be without prejudice to the rights the terminating party may have against the defaulting party for compensation for loss and damages incurred as the result of such default if the Sponsor terminates this Agreement pursuant to this Clause then the Sponsor's liability to pay any part of the fee after the date of the notice or to perform its obligations under Clause 3(2) subsequent to the date of termination and the Tea's obligations under Clause 2 except for Clause 2(1) shall thereupon cease f, The Team is an independent contractor and the parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them is entirely BATCo document for legal Services : Health Canada 18 May 1999 without authority to act on behalf of the other in any manner and nothing done or omitted by the Team under or in pursuance of this Agreement shall in any way impose any liability whatsoever on the Sponsor 6. In the event that either of or both of the Drivers shall be unable to participate in any'of the races for any reason whatsoever a substitute driver or drivers of equal status with the Drivers shall be engaged by the Team for such of the races at its sole discretion but after discussing the same with the Sponsor i. The Sponsor shall have during the currency of this Agreement and any renewal hereof the unlimited right to use the records and results of the participation of the ears in the races and photographs, sketches and likeness of the cars in any medium whatsoever in connection with the advertising and sales promotion of the Sponsor's products and senricetr and the Sponsor shall also have the unlimited right to use any materials produced in accordance with clause 2 (3) hereof. in connection with the advertising promotion and sales of the Sponsor's products B~(a) The Team represents and warrants to the Sponsor that BATCo document for Legal Services : Health Canada 18 May 1999 the obligations and duties assumed by it hereunder do not conflict with or violate any other agreement to which it is a panty nor shall it enter into any agreement or arrangement which shall conflict or be inconsistent with or prejudice the provisions and intentions of this Agreement (b) The Team hereby undertakes with the Sponsor that during the currency of this Agreement or any renewal hereof the Team will not enter into any similar contract of sponsorship in relation to the Team or the cars with any other tobacco manufacturer and further that it will procure that at all times the Sponsor's insignia shall be the only tobacco related insignia used by the Team except in relation to the Team's uniform used in connection with the Team's activities in Formula 1 racing 9, This Agreement its construction and interpretation and the duties and obligations of the parties hereunder wheresoever they may arise or be in question shall be governed by this English Text and by the laws of England and the parties hereby submit to the Jurisdiction of the high Count in England G-, BATCo document for Legal Services : Health Canada 18 May 1999 10 No delay or omission or failure to exercise anp right or remedy herein provided for shall be deemed to be a waiver thereof or acquiescence In the event giving rise to such right: or remedy but every such right or remedy may be exercised from time to time 80 often as may be deemed expedient by the party exercising such right or remedy 111 This Agreement shall not ~ modified or amended except by agreement in writing signed by the parties hereof t2, This Agreement shall be binding upon and shall enure for the benefit of the parties hereto and their respective successors heirs and assigns provided however that neither party shall assign this Agreement os any part of its Interest therein except with the prior written consent of the other 13. Rny notice given under the provision of this Agreement by either of the parties shall be delivered or left by hand or sent by prepaid recorded delivery letter cable or telex (confirmed in either of the last two methods by letter) to the address of the relevant party as herein stated or to such other address as either party may direct by written C~t, BA~TCo document for Legal Services : Health Canada 18 May 1939 ~4_· notice (ff sent by poet) shall be deemed to have been received on the fifth business day following the posting thereof IN WIT~SS whereof the duly authorised representatives of the Team and the Sponsor have hereunto set their hands the day and year first before written IIIHE~~SCHEPIJIP, THZ SPONSOR BAT Benelux SA whose principal office is at 38-10 Rue lie Koninck, 1080 BNseels, Belgium. BAT Naderland BV whose principal office is at P O Box 8386, 1004 UAmsterda~, tJetheslanda~ BAT (Suisse) SX whose principal office is at Case Postal 403, 3211 Bneva 26, Switzerland. G BATCo document for Legal Services : Health Canada 18 May 1999 A i : BATCo document for Legal Services : Health Canada 18 May 1999 U iii i ~27~il ~ k BATCo document for Legal Services : Health Canada 18 May 1999 I~ ;r ;i' ':I II! j/ i'. ini i, d ~·4; 1' .r'i ·-· ·~ I --- ·, red 1;' `r··· -·-·- h ..·e~ ew~ i ... c, .~..e ·C~/P 1 r` In o w P3 W CLI O BATCo document for Legal Services : Health Canada 18 May 1999 !C II r ~4clPq aW1 a 8E SCbu~ ~ W1 i ~PL·II)*I"AY i, 1 111 3 Ij '' In O L~ W C~J Co BATCo document for Legal Services : Health Canada 18 May 1999 ·__· _ ·_· _· _ . ·__ · _I_1I_IC~e_CI __ ·__C I·· _r ___ __ _ BATCo document for Legal Services : Health Canada 18 May 1999 ~l~ci-yc~c_, ~_~~ _. r ., * .i ' · I/ '' ' I :: i'. · ~·· h ·' i J , I·r· · ~I l~i i ..· ~1 ·1 1 1 a i · W i. I c i 13 BATCo document for Legal Ssntsl : Hla~h Cllsde 18 Yly 1999 THIS A G fl E E B E N T is made the day of One thousand nine hundred and ninety BETWEB (1) SPORTS EJ L~MTTEe whose registered office is at P,O, Hox 415 St, James House New St, James Place St, Helier Jersey 334 BHII ("the Team") and [2) ~iE PERSIINS whose names and addresses are set out in the Schedule hereto ("the Sponsor') W H G R E A S The -Team is the owner of the cars las hereinafter defined) which it will prepare and enter in the races las hereinafter defined) and the Team has agreed with the Sponsor that it will in consideration of the payment to it of the fee las hereinafter defined) by the Sponsor render services to the Sponsor in connection with the races to be held in 1991 for the FIA Formula 3000 Championship NOw IT fS AEREBP AGRF~ED by and between the patties hereto as follows I- l,(lj In this Agreement the following expressions have the meaning respectively set opposite thera~- " BATCo document for Legal Services : Health Canada 18 May 1999 "the races' means all of the races for Ponula 3000 racing cars comprising the 1991 FIA European Formula 3000 Championship being a minimum of ten races "the ears" means two Reynard 90D - Nugen racing cars "the Drivers" means as number one DAHDN HTLL or EDDIE IRVINE pr a driver of their standard and as number two driver LAURENCE AEfLtO or NIKA SbtO or a driver of their standard or any persons substituted for them from time to time in accordance with clause 6 hereof ''the fee" means the sum payable by the Sponsor to the Team under the terms of clause 3 hereof 'raceworthy condition" means the condition in which the cars have been passed by the Official Scrutineer for each of the races "the Sponsor's insignia" means the badges decals logos or other identification of the Sponsor LJ BATCo document for Legal Services : Health Canada 18 May 1999 "the Team's uniform" means tee shirts sweat shirts shorts trousers jerseys jackets anoraks socks shoes net suits overalls caps and umbrellas bearing the Sponsor's insignia (2) The obligations and liabilities assumed by the Sponsor hereunder shall be deemed to be assumed by the persons comprising "the Sponsor" jointly and severally 2~ SUBJECT to the payment of the fee to the Team by the Sponsor the Team will :· (II provide and maintain the cars throughout the currency of this Agreement in a raceworthy condition with all necessary spares and replacement parts painted and finished in the Team's official colours with the Sponsor's insignia as shown in the attached drawing marked "A" (2) enter the cars in each of the races under the name 'BARCtAY TRAM EJR" and present: the same in a raceworthy condition for the Drivers to drive at each of the races (3) use its best endeavours to ensure that ROBIN BERD is L CLJ BATCo document for Legal Services ; Health Canada 18 May 1999 the team manager and TREMR FOSTER or PAUL CROSBY is the race engineer of the Team (4) provide at least: twelve competitive test sessicnslpre·1·ace trials each of not less than four hours in duration (5) ensure that the Team has direct factory support from Reynard Cars Limited (6) subject as hereinafter mentioned permit the Sponsor as and when the Sponsor reasonably requires to have the use of the cars the Drivers (for not more than ten days each in total) and.the Team's personnel and transportation for the purpose of promotions by the Sponsor including the taking of still photographs snapshots movies videos and in producing television and radio commercials and other advertising pronational and sales materials (but excluding the autographs of the Drivers) for the Sponsor during the currency of this Agreement provided that the racing testing and development programme of the cars is not interfered with and all expenses reasonably incurred BATCo document far Legal Services : Health Canada 18 May 1999 by the lean and the Drivers in respect of .such proIllotions are reimbursed ('I) ensure that its activities and use its best endeavours to ensure that the Drivers' activities shall do nothing to injure or bring into disrepute ridicule or lessen the public reputation goodwill or favourable Image of the Sponsor (8) use its best endeavours to ensure that each of the Drivers is in a fit condition to compete in each of the races (9) ensure that each of the Drivers wear race suits in the Team's official colours with the Sponsor's insignia as shown in the attached drawing marked "8" at all relevant times at each of the races and at all other reasonable times (10) ensure that the Drivers wear the casual clothes supplied by the Sponsor at all relevant times at each of the races and all other reasonable times QLJ BATCo document for Legal Services : Health Canada 18 May 1999 (11) ensure that the Sponsor's insignia is carried on the Team's transporter and support vehicles as per the attached drawing marked "C' (11) ensure that the Team's personnel par the Team's uniform supplied by the Sponsor at all relevant times at each of the races and all other reasonable times (13) provide the Sponsor with at least four plastic and six paper pitlpaddock passes and three car park passes for each of the races (1Q) use its best endenours to mount in car television cameras on the cars at each of the races, and obtain permission from the FIA to obtain a compensating reduction in the official weight limits of the cars PROVIDED THAT (a) in the event of the mechanical breakdown of either of the cars howsoever the same may occur the Team shall be under no obligation whatsoever for any loss damage Dc expense suffered by the Sponsor L ~ BATCo document for Legal Services : Health Canada 18 May 1999 ~C_II (h) the Team tasa~ves the right in its absolute discretion in the event that the Team considers that either or both of the Drivers is not in a lit condition or either or both of the cars has irreparable mechanical faults or accident damage to withdraw either or both of the cars at any time whether before or during any of the races and the decision of the Team shall be final and binding upon the Sponsor and the Team shall be under no liability whatsoever as a result of such withdrawal (cl in the event that the Tea shall fail ~ to produce either or both of the cars in a raceworthy condition far scrutineering at any of the races for any reason whatsoeer or shall be in default of any of its either obligations contained in this clause the Sponsor shall only be entitled to the reimbursement of a proportionate pan of the fee in respect of each of the races for which the Team shall be in default (d) if either or both of ROBIN BeRD and TREVOR FOS~R or PA~ CROSBY shall be unable to provide their se~vices or shall withdraw the same the replacement team manager andlor race engineer shall as far as possible d BATCo document for legal Services : Health Canada 18 May 1999 be of equal standing and experience 3~ The Sponsor in consideration of the performance by the Team of its obligations hereunder in 1991 will:· (r) pay to the Team the fee being the sum of ONE MLLIOH ONE HUNDRED THOUSAND POUNDS (E1,1001000) exclusive of Value Added Tax payable as to FOUR HUNDRED AND FORTY THOUSAND POONDS (EQ40,000) an Ist January 1991 (or on such earlier date as the Team may request to meet expenses incurred or anticipated prior to Ist January 1991 In respect of the preparations of the Team for the races to be held in 1991) and TwO HONORED AND TWENTY THOUSAND POUNDS (f220,000) an each of Ist February 1991 Ist April 1991 and Ise June 1991 PROVTDeD THAT if any of the said instalments shall not have been paid within ten days of the due date for payment thereof and there shall at that time be no outstanding notice of default under clause 5(b) hereof ser~ed by the Sponsor on the Team then the Team shall be released from its obligations hereunder but the Sponsor shall nevertheless be liable to pay the whole of the fee then unpaid with interest thereon at the rate of 4% per annum above the base BATCo document for legal Services : Health Canada 118 May 1999 rate from time to time of Barclays Bank PLC until payment by way of agreed damages (2) provide free of charge reasonable quantities of (a) casual clothes carrying the Sponsor's insignia for use by the Drivers (b) the Team's uniform for use by the Team's personnel and (c) stickers decals and insignia and other promotional material to enable the Team to properly carry out its obligations under Clause 2 hereof (3) ensure that its activities shall do nothing to injure or bring into disrepute ridicule or lessen the public reputation goodwiil or favourable image of the Team 4,(a) This Agreement shall become effective as of the date hereof and shall remain in effect until the 30th November 1991· (bJ (i) in the event that one of the Drivers finishes in the first three of the 1991 FIA European Formula 3000 Championship) the Team (ii) the Sponsor at its absolute discretion 4 BATCo document for Legal Services : Health Canada 18 May 1999 may renew this Agreement for the 1992 PZA European Formula 3000 Championship in which ease:- (1) the Drivers shall be agreed based upon a short list of potential drivers agreed by the Team and the Sponsor (11) the make of the cars and the engines shall be agreed after discussing the same with the Sponsor (111) the fee shall be the sum of ONE MI~L~ON TWO KONDRED AND FIFTY THOUSAND POUNDS (E112500000) payable in the same proportions to the fee payable hereunder and the Team and the Sponsor shall forthwith upon either the Team giving to the Sponsor or the Sponsor giving to the Team written notice of its wish to renew this Agreement for 1992 prior to 30th November 1991 enter into an agreement In similar terms (mutatis mutandis) to this Agreement (b) Notwithstanding any other provisions herein contained if either party shall fail to perform any of its G u BATCo document for Legal Seryices : Health Canada 18 May 1999 C_I obligations hereunder the other party shall firstly give notice ~ default and if the alleged default is not remedied within fourteen days of the date of receipt of such notice or before the date of the race next following the date of such notice whichever is the later than the party giving notice of default shall have the tight to terminate this Agreement forthwith and the termination of this Agreement in accordance with this Clause shall be without prejudice to the rights the terminating party may have against the defaulting party for compensation far loss and damages incurred as the result of such default ~f the Sponsor terminates this Agreement pursuant to this Clause then the Sponsor's liability to pay any part of the fee after the date of the notice or to perform its obligations under Clause 3(2) subsequent to the date of termination and the Team's obligations under Clause 2 except for Clause 2(4) shall thereupon cease 5, The Team is an independent contractor and the parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them is entirely BATCo document for Legal Services : Health Canada 18 May 1999 without authority to act on behalf of the other in any manner and nothing done or omitted by the Team under or in pursuance of this Agreement shall in any way impose any liability whatsoever on the Sponsor 6. In the event that either of or both of the Drivers shall be unable to participate in any of the races for any reason whatsoever a substitute driver or drivers of equal status with the Driven shall be engaged by the Team for such of the races at its sole discretion but after discussing the same with the Sponsor The Sponsor shall have during the currency of this Agreement and any renewal hereof the unlimited right to use the records and results of the participation of the cars in the races and photographs, sketches and likeness of the cars in any medium whatsoever in connection with the advertising and sales promotion of the Sponsor's products and services and the Sponsor shall also have the unlimited right to use any materials produced in accordance with clause 2 (3) hereof in connection with the advertising promotion and sales of the Sponsor's products B~(a) The Team represents and warrants to the Sponsor that C " BATCo document for Legal Senices : Health Canada 18 May 1999 __ the obligati6da and duties assumed by it hereunder do not conflict with or violate any other agreement to which it is a party nor shall it enter into any agreement or arrangement which shall conflict or be inconsistent with or prejudice the provisions and intentions of this Agreement (b) The Toe hereby undertakes with the Sponsor that during the catlencp of this Agreement or any renewal hereof the Team will not enter into any similar contract of sponsorship in relation to the Team or the cars with any other tobacco manufacturer ad further that it will procure that at all times the Sponsor's insignia shall be the only tobacco related insignia reed by the Tar except in relation to the Team's uniform osed in connection with the Team's activities in Formula 1 racing 9. This Agreement its construction and interpretation and the duties obligations of the parties hereunder wheresoever they arise or be in question shall be governed by this English Text and by the laws of England and the parties hereby submit to the jurisdiction Of the High Court in England BATCo document for Legal Services : Health Canada 18 May 1999 10 No delay or omission or failure to exercise any right or remedy herein provided for shall be deemed to be a waiver thereof or acquiescence in the event giving rise to such right: or remedy but every such right oz remedy may be exercised from time to time so often as may be deemed expedient by the party exercising such right or remedy II. This Agreement shall not be modified or amended except by agreement in writing signed by the parties hereof 12. This Agreement shall be binding upon and shall enure for the benefit of the parties hereto and their respective successors heirs and assigns provided however that neither patty shall assign this Agreement or any part of its interest therein except with the prior written consent of the other 13, Any notice given under the provision of this Agreement by either of the parties shall be delivered pr left by hand or sent by prepaid recorded delivery latter cable or telex (confirmed in either of the last two methods by letter) to the address of the relevant party as herein stated or to such other address as either party may direct by written i" BATCo document for Legal Services : Health Canada 18 May 1999 notice (if sent by post) shall he deemed to have been received on the fifth business day fellowing the posting thereof ZN WITNESS whereof the duly authorised representatives of the Team and the Sponsor have hereunto set their hands the day and year first before written THbS~HEDtt~E THE SPONSOR BAT Benelw SA whose principal office is at 38··40 Rue de Koninck, 1080 Bnussels, Belgium, BAT Nederland BV whose principal office is at P O Box 8386, 1005 RJ Amsterdam, Netherlands, BAT (Suisee) SA whose principal office is at Case Postal 403, 1211 Geneva 26, Switzerlafid. BATCo document for Legal Services : Health Canada 18 May 1999 Signed by FREOERICX RODGERS on behalf of the Team sr~iEn by RIH H~ADy on behalf af e Inuhi, BRT BENELUK SA Mbnay;n3 ~rec~r SIGNED by on behalf of BAT NEDE~LP~D BV srm~n by on behalf of aAT (su~sa) SA BATCo document for Legal Services : Health Canada 18 ~ay 1999 I, qini · iCB u $aB BATCo document for Legal Services : Health Canada 18 lay 1999 A i I i, i s· sl ii: I: " P? BA'f~Co document for Legal Services : Health Canada 18 May 1999 I I /I\ 5 1 ;I I 4 ii c- i 'i i4/ \ iI I '' :?d Il o ~IV ii · ;i r- -- - i ~? '" UI~1 I I Z a s s,U iS~ i;i -- ~6J II" d m I~ O a O BATCo document for legal Services : Health Canada 18 Hay 1999 ~1~4 cm T" ·d j DL~~4. R' BATCo document for Legal Services : Hea~h Canada 18 Hay 1999 I have lust received tbe 1Lst provi.sional calendar fcr the 1993 Formula 1 World Champ]anshlp whlclh is as foltcws : 28 Februory South 12lilcml Grand Prlx Kyal~ml 14 March Drazitian Ol·alld Plin Sao Paulo ·Jil~c:·,. 4 APrlL ~Aslan Grand Pox Auropa~S Wapan)·p~-~- ~ I~"~c, 25 April San Marinu Cnlld Prlx Imola ''' 9 May ,Spnnrsh Gmnn P1·lx Rarm~lnn~ 29 May Monlco Grand Prlx Monaco 'r13 June C411Pd14n C~aud rrir ,Mootnal J r4 July ~French Grand Pra Ma~ Cours ~ 1IIJuly uriustlr;rana rrlx Sl!utrstone ~ ,25 July German Grand Prjx` Hocktnhelm ~ 15 A~gust Hungarlnn C~alld Fl'iK Budapest 29 August BelQan Cmnd Pr~ Francorebampe 12 Stptcmber Ttalian QlallJ Plln Mullxli 2fj September Portuguese Grand Prlx Eslo~ 24 October Japanese Granct Prlx SvpBra 7 NovemhRr Alls~nll:in r,r~nrl RiK Adelalde I'11 of course inform you or an~ chiungcj that may occur, Best regards Kathlccn I31rason BATCo document for Legal Services : Health Canada 18 May 1999 BROWN~WIUIAMSON MMCMI CORPORbnON PmRYAnONhl BSFN DATE: February 13, 1992 'TO: John Booth CC: Ken Burk FROM: Rolf PrDvan Further td ybllr Fax to Ken, please find attached the required copy of the JordanlBb~ contract, Hope you returned safely to England, See you soon, Best regards, attachment we BRIMH 1 \nllL~W~N rrnva, IOUIS~UE cbl~h. W1 IKIY JSpea LWISYfilE. m ~oul~ vu. TLII~ 1M11( UBII M06 ~NnHmVIQ LY1 11411 IdWWo Ifl BATCo document for Legal Services : Health Canada 18 May 1999 T a I 6 A G R E E I E N r ill made the day of One thousand nine hundred and ninety one BSTwSEN (1) JORDAN. muurn PRIxlxnrTEn wt~ose registered office is at 11 Chancery Lane London WC1A IffE England ('the Team') end (2) BR~WN_AND _~1J~GfA~SO~~_MB4C~()_C~RPORAT~O~~ of 1500 Brown and Wllliamsan Tower bulsP~lte Gallerla Louisville Kentucky 40202 United States of America ('the Sponsor') # H Z R e A S The Team is the owner of the cars tad hereinafter defined) which it will prepare and enter in the races (ae hereinafter defined) and the Team has agreed with the Sponsor that it will in consideration of the payment of the fee (ae hereinafter defined) render aer~ri~es to the Sponsor in connection with the 1992 Championship (ae hereinafter defined) and the 1993 Championship (as hereinafter defined) in manner hereinafter appearing H~JT~IS IIEP~BYdGREEP by and between the parties hereto as follows ~e BATCo document for legal Services : Health Canada 18 May 1999 __ 1, In ~I ~lrot the follovinp expreaaiplu kl lleenlnP respeetfvely alt epeolite the~l-'tb~ taeell ranr all the recea eopprialnp the 1992 Cha~ploP~hip and the 199J ~apienl~p and ineludea aII ~scti~ing pn-Cll~fl~g end (Ftalifying for the Ire '~1 1191 ehdpplOnehip' 11101 the 1992 111 lernula 1 brld ehempienahip 'the 1993 Cbqionlhip' wlnl the 199J 111 ~nPla 1 Rrld ChamplorUp 'tL 1991Cnamplonahip aeanl the 1994 1U leala I ae~ld chnepienehip 'tho 1995 Chaioolhip' ~lar the 1995 rU lorrPula 1 World Chrpleolbip 'the 1996 CbPpidnlhip' oeene ~1 1996 rD lonla 1 World chemplenahip 'ths eere' ~6apl 0 jerdan ~o~la 1 raeing inflPdae tha Tede'e 'P' ear ~ccl O BATCo document for legal Services : Health Canada 18 May 1999 -~-- 'the Dt~i9Brl' Ihlldll la) any two of ~NORE~ DE CES~RIS GTEEANO ~OOt~ frt~N CapZ~I JEAN IILESI and IILZSSAMIRO ~A~URnI in respect of the 1992 Championship and (b) such persons se the Team shall in its sbapl~te discretion select and engage in respect of the 1993 Champfdneblp and any parsons Idstituted for them from time to time by the Team in accordance with clause 6 hereof "Ilr jordan" means BDHUND DATRTCX ~ORDAN the Team's managing director 'the fee' means~· (a) the som of THREE HTLtfD11 019e E~UNDRED ~ND rTETP THOUSAND FOUNDS (13,150~000) in aspect of the 1992 Championship and (b) the sum of THREE QBION SII BUHDI(ED ~ND FIFTY TIIOUSAND Pontros (E3,6SO,000) in respect of the 1993 championship BATCo document for Legal Senrices : Health Canada 18 May 1999 _~C_ __ payable by the sponsor to the Team tlllder the terms of clause 3 hereof Iraceworthg condition' meant the condition in which the cars hatre been passed by the Official Seatinwr for each of the races 'the sponsor's Inai~a' means the ns~e'BARCLII' in its official typestyle and the 'BIRCWIP' logo or other identification of the sponsor or such other name or logo as advLed by the sponsor to the Team in accordance with clause 3(5) hereof 'the Tedm's uniform" Beans the drill shirts polo shirts tee shirts sweat shirts shorts trousers jerseys jacltets anoraks i I~ekllbe wt *irl owr~lL c~pa Md~b~sllal h tbo Team's bfficibl colours warn by the Team's personnel 'the Team's personnel" means the properly pualified persons under the control of the Team working with maintaining supporting or othenrise assisting the tlrivers and/or the cars in whatePa capacity st the races dr r I I I BA~TCo document for Legal Services : Health Canada 18 May 1999 11 8rmJeeT to the payment of the fee to the ham by the Bponeor the Team willl· (I) At its own cast pl~t~hs~ar~ thtouphcpt thl e~rs~snep of this ~groement to the highest poasible standards with all necessary spares and replacement parts tyres fuel and labricants ender the supe~iaion of the Team's personnel at its own cost paint and maintain the ears in the Toam'~ official colours and displaying tinter alia) the sponsor's insignia in the form and the position shown in the attached drawing marked 1" or in such other form as shall be reasonably required by the Gponsor prior to the first of the races in each year (3) at its own coat Inter and present the cars in a racevbrthy Condition for the Drh~a to drive at each of the races (I) subject as hereinafter mentioned permit the Geonsor to have the ~ervicsa of the Drivers and k Jordan (for not more than GBVEH (1) days each in total) for the purpose of promotions by the Gponsor including BATCo document for Legal Services : Health Canada 18 May 1999 the p~o~otion of the Sponsor's wrchsndirinp Ipaterial and the taking of still photographs snapshots oovfes videos for the production of television and radio eo~metefals and othsr advertising pr~otSonal and sales Mterials including the pse of Tear's Fame and logo and the Driver's e~Me~ (but ercluding the autographs of the Drivers) for the Sponsor during the currency of this ~gr~ement provided that the racing testing and developaent progrslame of the cars is not interfered uith and all expenoes reasonably incurred by the Driversin respect of such pro~otio~ are reimbursed (5) ensure that its activities and use its best I endeavours to ensure that the Drivers' activities do not denigrate or critieise the Sponsor or its products (I) 111 its best endeavours to ensure that each of the Drivers is in a fit condition to compete in each of of the races (7) ensure that each of the Drivers rre~ race suits and tee shins in the Team's official colours displaying BATCo document for Legal Services : Health Canada 18 May 1999 (fnter alia) the Sponsor's insignia in tbs ion and the positions ahown In the attached drawing marked "B" or in saeh other form as shall be reasonably rap~ked by the Sponsor prior to tbs first of the Oa:~ races in each yen at all relevant ti~PPa at eaob of d thetaea and at all other cealo~bbl~ times at the ---- - location of the races acid when test 4foing the cars (B) Insure that the sponsor's insignia is displayed on fhs Team's tr~s~er in the fon and the positions down in the attached drawing marked 'C' or in such other fon as shall be reasonably reguired by the Sponsor prior to the first of the races in each lear (9) ensure that the Sponsor's insignia is displayed on the Teao's motorhome in the ion and the position shown in the attached drawing marked'D' or in saeh other ion as shall be reasonablp reqtlired by the Sponsor prior to the first of the races in each year (10) annre that the Sponsor's insignia is displayed on the drill Ihiits polo shirts and tee shirts forming part of the Team's aniforn in the fon and the 1 POOI~LP lh4m L the Ott~chsd brarins larked 'I' pr BATCo document for Legal Services : Health Canada 18 May 1999 In such other form I shall be reasonably repslred by the Sponsor prior to the first Of the rsewln each year (11) ensure that the Tea~'~ personnel wear the Team's uniform at each of the races and at all other reasonable times st the location of the races and when testing the ears (12) ensure that the Prfwtr and the Team'e personnel wear appropriate Iterps of clothing from the Team's uniform at the location of the races or at pr~otional or media events in connection with the Team attended by either of the Drivers or any of the Team's personnel (rJ) ensure that the Drivers wear the casual clothes supplied for their use by the Sponsor at all promotions undertaken by them on behalf of the Sponsor (14) provide the Sponsor with sir (6) plsstic or paper OOCh Pit or paddoek passes and one (1) rOCA ear park pass far each day of each of the races ~a BATCo document for Legal Services : Health Canada 18 May 1999 ··_ __ 61 r~ as posllblo of tbs prteoll passss shall bs paidl the Ipalor with 119 tlfrslhment~ od hehl~ lot six psopla in tbs lsan's motor bas on ~,~ days It tech of tbs racaa (16) sntnts tLt tbs nsps 'Y(W~' sppssts aa an official sponsor of tbs 'lsnn on all prsaa statsasnta isslsd by tbs bP snaurs that say lopos insignia or sign writinp of tbs otbsr aponsorl of tbs hr diaplaysd on tbs partl of tbs oars eoloutad ctsam ~L11 bs in tbs ssna eoloPt as tbs S~DIP~'I insiPnia (tB) PItPlt thl gpllOr to baOs IlniCII of tha ltitrsta and/or ~ jord· for ptlorl appsaranooa at snob of tbs raeea (sitbst It tbs nlnrt eiffPlt or within sasy rsseh tboreof) on ~Peh d~l and st such Ih~llbal boon Ipld rf$ tbs Tea It Isast ~O (2) wssks bsforo tbs Ic~eblsd ~~au~ lRWlPED that tbs rae81 pro~r of tbs Oritrsrs is not iatsrfsrld with and if for this or any otbsr B~Co document for Legal Services : Health Canada 18 May 1999 __L__ ·_~ _ ___ realon either of the Driven or Dr Jordan ia unable to nko a Pn~PI1J ~~~ed eppoaraaoe then the Lr vlii tV to n)(e hio available at aape other tin he a9raad d$ the Ipror (19)' not enter or permit any of the Driven or the peraonnal to mtlr into eny aponaonhfp edMrtiaing or promotional ~cti~tt in napeot of tobaeeo produota other than those of the Iponaor (20) lolrs that any new aponaor of the Ten it of **·I~ tl~r)~la ·~LI ·a*r ~ whloh would not nsloPblJ he doasd to oauae offense to the 8ponaor (21) when are atatutory or other regulations rsleting to tobaeee advertieing in any eountry vhloh the rseea are held or where the Driven appear on behalf of the sponoor losal that Ibjset to dr sponsor Iwinp adviaed the Team of the rerItllnmenta of tbole nalltior and IPRllld the neoeaaerY sttrmrk for the ~os aodlfy the Sponaor'a inaiOnia to he dlaolayad on the onra the Dr~srs' raee apita and tee lhirta the rlP'I tranaportar and Dotorholpe and BATCo document for Legal Services : Hea~h Canada 18 May 1999 ·_ _n _· _~_ ~~ .. --· · ·~-LCC' the Team's other ~puipent in accordance with the artwork supplied by the Gponsor for those countries whose laws or regplations ray reguire such modification as advised by the Gponsor (22) ensure that the Tean~'lpononno~ wear drill shirts polo shirts and tee shirta displaying the Gpansor's insignia complying with the laws and regulations referred to in tub·claule (21) above at all relevant times (23) not announce the agreement ae to the sponsorship of the Team by the Sponsor hereunder or any of the tet~8 hereof without the prior written consent of the sponsor (such consent not to be unreasonably withheld) PRDVIDED 1ZUT t· (1) in the event of the mechanical breakdown of either of the oars howsoever the same may occur the Team shall be under no obligation whatsoever fox any loss damage or expense suffersd by the Sponsor - - ·· BATCo document for Legal Services : Health Canada 18 May 1999 (bJ the Team celene~ the right In its absolute discretion in the attent that the Team eonliden that either or both of the Dripera is not in a fit condition or either or both of the ears has irreparable mechanical faults or accident damage to withdraw either or both of the oars at any time whether before or during any of the raceeand the decision of the Team shall be final and binding upon the Sponsor and the Team ehall be under no liability whatsoever as a result of such withdrawal (c) in the event that the Team aball fail to produce either or both of the care in a raceworthy condition for scrutineetlng st any of the races for any reason whatsoever or shall be in default of any of its other obligations contained in this clause the Sponsor shallcnlg be entitled to the reimbursement of a proportionate part of the fee in respect of each of the races for which the Team shall be in default (d) PO specific or implied te~ or condition of this ~grsemant shall place the Team under any liability for the failure or inability of the case or the BATCo document for Legal Services : Health Canada 18 May 1999 Drivens to win or maintain any standard of suceesa in any of the races if any legislation rules or regulations ate passed r-... which prevent the Teas iron carrying out its obligations heseundar~~ (i] the Sponsor will not reeeive a refund of the fee paid hereunder (I) the Sponsor will try to resell its sponsorship rights to a mutually acceptable substitute and the --- - Team will use its beat endenowrs to assist in 2. finding a substitute sponsor (ifi) the Sponsor Pay by prior written notice terminate this ~pt~em~nt at the end of the calender Far in which the legislation becomes effective if ?HIR~y !c~' C'1 the legislation affects more than 'R~A~W F51k tay ~/I per cant of t~a rpea t~R~·c*n~lti~tc)~a~~ '~ \9tLumAlln E~mr~k~9rtr~ I,,y year 3, The Sponsor .in consideration of the performance by the Team of its obligationl hereunder tJilll· BATCo document for Legal Services : Health Canada 18 May 1999 (1) pay the fee to the Team as follcu~r· as to OHE hIlJllDN tlVg ffmn]RED AND GEYe~FF~ ~IVE T1100SAND POUNDS (91,575,000) on 15th January 1992 and SEVEN BVHORED AND aIGlfir G~YGH ~OIISAID rfYE HIRIDRED PODNDS (2781,500) on aaeh of ist April 1992 and rat July 1992 in respect of the 1992 championship and (8) as to ONE HI~tDIP ~fCt~ ~NOAZD AHD TIJEN~ rIYg TAOUSAND POUNDS (51,825,000) on 15th ~anuary 1993 and NlNe BmmReD ANn TneLVE 880058880 POVNOS (E9128500) on each of Lt ~til 1993 and Ist July 1993 in respect of the 1993 championship PRWIDED TB131 ~ if a payment id not made within Tea (10) days of the due date and the Team has notified Sponsor of the non payment within ~IYE (5) Kirking days of the due date and there ahalt at that time he no outstanding notice of default under elause 1(8) h~~eof rented by the Sponsor thenl· BATCo document for Legal Services : Health Canada 18 May 1999 C~ ___ (a) the Team shall be released from its obligations hereunder (b) the 8ponsor willpay the amount of the late payment with interest thereon st the rate of II per annum above the then base rate from time to time of Barelaya Bank mXI until payment by way of agreed damages (e) the sponsor will pay the remainder of the f~~nH~19e;0~~I date or dates with interest L for that IX- thereanljat the rate of II per annum dbwe the thwV W~t~\ base rate of Barelays Barlr PLc with payment by way' agreed damages chargeable in respect of any part of thq payable II for the British Grand Pri~pr(any other races then the Spolsor Ibsll_b~or provide for the payment of Value ~d~do~w on the part of the fee payable for ~I 4 (2) pro~tide free of charge reasonable quantities of L -- -- BAtCo document for Legal Services : Health Canada 18 May 1999 EaIual elothsa ad othsr p~tio~ Ytlrill to 1~1~ tbs n~ to proParll earrl out its oblipatlona ~dsr Clauas 2 blaoi II a~.aallui·4·~~l/ it or ~h( ~O Brp ~d, or L·~ 01 Illle i 6. nputation goodwill or f~~or~ls lags of tbs Tsap (I) not ilaus qpn~~ dr Itltllltl i rslating to tbo br or any aponaors of tbs fr Irelpt In Illpet of infonration alrsady eoridsnd to k in tbs p~lie dooain witbout tbs oonasnt of tbs ,-_-_ __ ba vblob rhall at ba onraaaoaably dthhald IPIPI thlt tbs f0u is advisod on auifleisnt notbs of tha rspuixananta of all snob Im and t~~l~tion~ II ~flnad to L olauso 2 ~ and supply tbs Tea witb tbl DIElll~ artWor]l to IPJ~I it to oolPPlY ~th sans (6) not during tbs ourranop of tbia ~~so~ sponsor any othar lormull 1 taan or dritrar or ttl tbs sama for promotional p~rpo~~~ vitbout first baving pkso tbs rla tbo opgortud8 to ~teb any offsr xhiob tbs B~Co document for Legal Services : Health Canada 18 May 1999 ~C sponsor may have received from any other ~ormu~a team or driver (7) use caly the Dame 'Jordan Grand Prix' or the official team title of the Team as entered with the rUL in all its promotions advertising press releases or other publicity which refers to the cars the Drivers and/or the Team (8) not announce the agreement as to the eponsorship of the Team by the sponsor hereunder or any of the terms hereof without the prior written consent of the Team (such consent not to be unreasonably withheld) I,(h) T~is Agreement shall become effective as of Ist January 1992 and shall remain in effect unless terminated In accordance with the provisions hereof until the Jlst December 1993 PROVIDED TILAT the sponsor shall be entitled to renew this Agreement for (8) the 1994 Championship (b) the 1993 Championship and (e) the 1996 Cha~pfona~p upon giving to the Team written notice thereof on or before Ipl 31st July 1993 in respect of the 1994 Championship (b) Slat July 1994 in respect of the 1995 Championship and (f) BATCo document for Legal Services : Health Canada 18 May 1999 ~C_ Silt july 1995 in respect of the 1996 Championship in which eaae~l (i) the Drivers shall be selected and engaged by the Team in its absolute discretion following prior discussion with the Sponsor and (11) the fee shall be (a) the sum of aom~ m~IoN PomtDS (91,000,000) In respect of the 1994 ehluapionehip (b) the stlm of 5Om( HatrON POO9 HIINDIIBO TIIOVSEM) POVHDS (E;(,J001000) in respect of the 1995 championship and (e) the sum of PODS EITLLION EIOIT KmfDReO TtlOUSEM) POUNDS (E418001000) in respect of the 1996 Championship and shall be payable in three instalments as to fifty (501 per cent on 15th january and as to twenty five 125) per cent on each of Ist Ilptil and ist July in each year and b; 11u3 tl. Gpon~r shdl Ilub]kt t~ ths)U's ruler ;~· regulations) hape'tha first option to be the Team's title sponsor on terms to be agreed between the Team and the Sponsor on or before 31st August 1993 BATCo document for legal Services : Health Canada 18 May 1999 and the Team and the Sponsor shall forthwith enter into an agreement in similar terms (plutatL outandis) to this Agreement (8) Hotwithstandiag any ether provisions herein contained if either peal shall fail to perform any of its obligations hereunder the other party shall firstly give notice of default and if the alleged default is not remedied within fourteen days of the date of receipt of the notice or before tbs date of the nert race after the date of the notice whichever is the later then the party giving notice of default shall have the right to terminate this Agreement forthwith and the termination of this Agreement in accordance with this Clause shall be without prejudice to the rights the terminating party may have against the defaulting party fox eeoopensation for loss and damages incurred as the result of such default (C) if the Sponsor terminates this Agreement pursuant to sub-clause (B) above then the Sponsor's liability to pay any part of the fee after the date of the notice or to perform its obligations under Clause j(2) (5) (b) and (7) suasequent to the date of termination and BATCo document for legal Services : Health Canada 18 May 1999 In BATCo document for Legal Services : Health Canada 18 May 1999 I~C __ the Team's obligationa under Clause 2 except for Qaule 2(5) shall thereupon cease ~O) Immediately in the event that hr jordan ceases to manage or be materially involved with the Team then the Sponsor shall have the right on giving prior written notice to the Team to terminate this Agrelapent at the end of the calendar pear in which ~ Jordan ceases to manage or be materially involved with the Team 5, The Team is an independent contractor and the parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them has no authority to act on behalf of the other and that nothing done or emitted by the Team under or in pursuance of this Agreement shall in any way impose any liability whatsoever on the Sponsor 5~ In the event that either or both of the Drivers shall be unable to participate in any of the races for any reason whatsoever a substitute driver or drivers shall be selected and engaged by the Team at Its absolute diseretlon but after informing the Sponsor of such substitution and ensuring that BATCo document for legal Services : Health Canada 18 May 1999 the substitute driver is of a competitive standard at least equal that of the replaced Driver f,(A) The Sponsor shall have the unlimited right in perpituity to use the records and results of the participation of the cars in the races and photographs sketches and likeness of the oars including the name 'Jordan e~a~d Prix" and the Team's logo in any medilrm whatsoever In connection with the advertising and sales promotion of the Sponsor's products and senrlees and also in respect of the merchandising of items produced by the Sponsor relating to its association with the Team (Bj The Sponsor shall also have the unlimited right in perpituity to use any materials produced in accordance with clause 2(4) hereof in connection with the advertising promotion and sales of the Sponsor's products (C) All coarmercial or printed material produced by or on behalf of the Sponsor as 1 result of this Agreement shall remain the absolute property of the Sponsor in BA~Co document for Legal Services : Health Canada 18 May 1999 perpetuity including but not limited to the right of use copyright and renewal of copyright therein` BiA) The Teas hereby agrees to Ind~nlfy and herd harmless the Sponsor from and against any and all losses damages liabilities (including without limitation any liabilities relating to death personal injury or damage to property) easts fines expenses and penalties (including reasonable legal feel) as determined by a final judgement or settlement with the Teats prior written consent resulting from any claims proceedings or actions arising cut of or in respect of all the Tea's actloities directly or indirectly related to this bg~eement or related in any way to the building designing constructing fitting maintaining handling storing transporting or racing of the can and the Sponsor agrees to give the Team notice of any action to which the foregoing Indemnity applies and the Team may participate in the defence of the same at the Team's expense through counsel of its choosing (B) The Team shall secure and maintain throughout the BATCo document for Legal Services : Health Canada 18 May 1999 ~~I__~ term of this Igreeolent a comprehensive General liability insurance policy which shall provide insurance cover in respect of all the matters referred to in sllb·elatlw (I) above and such insurance policy shall provide cover of at least OHe ~LLION POUNDS (U,0008000) and such policy must be with an insurance cc~pany latLfaetq to the rponsof must name the Sponsor as an insured party thereon ~I pm~s M. 1*l~lm. rill~al dl~ ~ n notice at least thirty (30) days prior cancellation termination or any modification of such policy and the Team shall supply written evidence of such insurance to the Sponaor~thinSEYEN (7) dan of a request from the Sponsor or such written notice 9, The Team represents and warrants to the Sponsor that the obligations and duties ~~a~med by It hereunder do not conflict with or violate any other aAreement to which it is a party nor shall it enter into any agreement or arrangement which shall conflict or be inconsistent with or prejudice the provisions and intentions of this Agreement 10, No delay or omission or failure to exercise any right or remedy herein provided for shall be deemed to be a waiver t3ATCo document for Legal Services : Heath Canada 18 May 1999 thereof or aepPfolleanee in the want giving rise to such right or remedy but every euoh right or remedy may be exercised from the to time so often as may be deemed .expedient by the party axerelsing such right or remedy ii, This Agreement Shall not be modified pr amended eJeept by agreement In rriting signed by the parties hereof 12, This Agreement shall be binding upon and shall enure for the benefit of the parties hereto and their respective successors heirs and assigns provided however that neither ?I party shall assign this Agreement or any part of its interest ii therein except with the prior written consent of the other (i~ j - -·-·- · ··--- 13, Any notice given under the provision of this Agreement by either of the parties shall be delivered or left by hand or sent by prepaid post facsimile cable or telex tconfirmed in either of the last three methods by letter) to the address of the relevant party as herein stated or to such other address as either party may direct by written notice land if sent by poet) shall be deemed to have been received on the fifth business day following the posting thereof BATCo document for legal Services : Health Canada 18 May 1999 ~_ 141 This ~pte~ment its eonstruetfan and interpretation and the duties and obligations of the parties hereunder wheresoever they ray arise or be in psestion shall be ~o~erned by thir tngliab Tart and by thp laws of Ingland and the partiee hsrebp submit to the jur~sd~etlon of the High Court in england I11 WlmeSS whereof the duly aathorised representatives of the Tenm~and the Sponsor have hereunto let their bands the day and year first before written SIGNED by on behalf of the Team an behalf of ~l~G~1 SIGHED by the Sponsor rJROJBB 25 BATCo document for Legal Services : Health Canada 18 May 1999 L~ BATCo document for Legal Services : Health Canada 18 May 1999 CB' BATCo document for Legal Services : Health Canada 18 May 1999 ,,, ~ 1 BATCo document for Legal Services : Health Canada 18 ~ay 1999 '0' "' "' "' "' "' '''I "' ,, *,, te I Q W W h) P W Y BATCo doclmcnt for Logll 81nkll : Hoolth Cllldl 1( Ylr 1999 'E' O I) I] I ~./ r I j I j VI C Irj N Ss IrJ m BATCo document for Legal Services : Health Canada 18 May 1999