HomeMy WebLinkAboutChicago Blackhawks - Youth Hockey Program Robert Crown Ex. 6.30.25“LEARN TO PLAY” PROGRAM RINK AFFILIATION AGREEMENT
This Rink Affiliation Agreement (this “Agreement”), dated effective as of July 22, 2024 (the
“Effective Date”), is entered into by and between the Chicago Blackhawk Hockey Team, Inc., a Delaware
corporation having its principal place of business at 1901 West Madison Street, Chicago, Illinois 60612
(“Company”), and the City of Evanston, which owns and operates Robert Crown Community Center
located at 1801 Main Street, Evanston, Illinois 60202 (“Facility”).
RECITALS
A. Company owns and operates a team in the National Hockey League (the “NHL”) known
as the Chicago Blackhawks (“Team”).
B. Facility owns and/or operates an ice-skating facility which serves the general public and
provides specialized skating services and possesses specialized training, licensure, and/or certification in
that area.
C. Company desires to engage Facility as an independent contractor to provide ice time and
perform the above-referenced services for Company’s Little Blackhawks Learn to Play/Skate program
participants (or such other program name as Company may designate from time to time), and Facility
desires to accept such engagement, pursuant to the terms and conditions of this Agreement.
D. Company and Facility (together, the “Parties”) wish to enter into a written agreement to
govern their relationship.
AGREEMENT
In consideration of the above recitals and the mutual covenants and agreements set forth below,
the Parties agree as follows:
1. Engagement and Term.
1.1 The term of this Agreement is for the period commencing on the Effective Date and ending
on June 30, 2025, unless sooner terminated in accordance with the terms of this Agreement (the “Term”).
1.2 Company hereby engages Facility to perform the following services to Company’s
program enrollees (the “Services”) during the Term:
• Organize, manage and facilitate the on-ice instruction for Company’s Learn to Skate/Play
program at Facility’s ice rink during those dates and times set forth on Schedule A attached
hereto;
• Provide at least one (1) on-ice head coach and sufficient on-ice assistant coaches each
session to maintain a minimum coach-to-player ratio of 5:1;
• Ensure all coaches and volunteers are registered and certified with USA Hockey, have
completed its USA Hockey Safe Sport Program and applicable Coaching Education
Program’s Age Specific Modules (including CEP Level 1 and 8U Module at a minimum),
have successfully passed appropriate criminal background checks and meet all
requirements Amateur Hockey Association of Illinois (“AHAI”);
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• Collaborate with Company to create a retention plan to keep participants enrolled for future
programs; and
• Assist with gear distribution and related logistics.
1.3 Facility has the sole right to control and direct the means, manner, and method by which
the services required by this Agreement will be performed. Facility will control and direct priorities on
time, amount of effort, and hours of work to accomplish the Services. Company will not direct, supervise,
or control Facility in the performance of Facility’s Services under this Agreement.
1.4 Facility agrees that it is solely responsible for procuring all equipment, supplies, tools,
and/or instruments necessary to perform the Services, except as otherwise expressly agreed with
Company, in writing. Facility further agrees that it will provide Company with written confirmation, and
any other evidence requested by Company, that each coach and volunteer has successfully passed all
required background checks and Safe Sport certification programs as represented above.
1.5 Company hereby agrees to provide Facility with the following in connection with its
provision of the Services:
• Manage the participant registration platform;
• Procure lesson plans from USA Hockey; and
• Provide participants with required skating equipment for the program.
2. Standard of Conduct.
2.1 Facility represents and warrants that: (i) the Services will be provided in a professional,
ethical, and efficient manner; (ii) the Services will be provided in compliance with all applicable laws,
rules, and regulations (including, specifically, those promulgated by USA Hockey and AHAI), including
by maintaining all licenses, permits, and registrations required to perform the Services, and Facility will
not undertake or permit to be undertaken any act that is illegal under any laws, decrees, rules, or regulations
in effect in the United States or that would have the effect of causing Company to be in violation of such
laws, decrees, rules, or regulations; (iii) Facility is not (and will not be) limited by other agreements or
promises in Facility’s ability to provide the Services; and (iv) Facility’s provision of the Services will not
violate or in any way infringe upon the rights of third-parties.
2.2 Facility covenants that, during the Term and after expiration thereof, Facility will not
conduct itself in any manner, or make any negative public or private statement, that harms, damages,
tarnishes, or jeopardizes, or in Company’s sole discretion is reasonably likely to harm, damage, tarnish,
or jeopardize, the reputation, image, business, business interests, or good-standing of Company, Team, or
their affiliates, owners, officers, managers, employees, or players, or the NHL.
2.3 Facility is subject to, and must comply at all times with all rules, regulations and policies
of USA Hockey and AHAI, as the same may now exist or hereafter be amended or enacted (collectively,
the “Hockey Rules”).
3. Relationship of the Parties.
3.1 Facility enters into this Agreement as, and will continue to be, an independent contractor
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and not an employee, partner, or co-venturer of Company. This Agreement does not create an employment
relationship between Company and Facility, or any of Facility’s employees or independent contractors,
for state or federal tax purposes, or any other purposes. None of the ordinary rights or benefits of
employment apply to the relationship between the Parties.
3.2 Facility does not have authority (and will not hold itself out as having authority) to bind
Company, nor may Facility enter into any agreement with any third party on Company’s behalf, without
prior written authorization from Company. Likewise, Company does not have the authority to bind
Facility.
3.3 Facility does not have authority to make any statement, representation, or commitment of
any kind on Company’s behalf without Company’s prior written authorization.
3.4 While Facility may be asked to perform the Services under the general direction of
Company, Facility will determine, in Facility’s sole discretion, the manner and means by which the
Services are accomplished, subject to the requirements of Section 2. Company has no right or authority to
control the manner or means by which the Services are accomplished.
3.5 Facility is not required to attend meetings of Company and its employees, nor will Facility
be provided with training or educational seminars as may be provided to Company’s employees.
3.6 Any person employed or engaged by Facility in connection with the performance of the
Services will be Facility’s employees or contractors, not Company’s, and Facility will be solely
responsible for them and their acts and indemnify, defend, and hold harmless Company against any claims
made against Company by them or on their behalf.
4. Other Business Activities. Facility will retain the right to provide services similar to those
provided pursuant to this Agreement and otherwise to any other person or entity at any time during the
Term or thereafter. However, Facility agrees that Facility will not perform any work during the Term that
might create a conflict of interest or involve the disclosure of Confidential Information of Company or
Team.
5. Fees and Expenses.
5.1 During the Term, Company will register participants through Company’s online portal for
those Learn to Play/Skate programs that may be held at Facility’s premises from time to time and pass
those registration fees that are actually received by Company, and not subject to refund or chargeback, to
Facility minus a fee of $125.00 per participant which Company is entitled to retain. If this Agreement is
terminated early for any reason, Facility fails to provide the Services, or Facility breaches this Agreement,
Company’s obligation to provide future payments will cease.
5.2 Facility is responsible for any expenses incurred by Facility in connection with the
performance of the Services. Company will not be obligated to reimburse Facility for expenses, except as
otherwise agreed in advance and in writing.
6. Taxes, Benefits, and Insurance.
6.1 Prior to commencing the Services, Facility will provide Company with a duly executed
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IRS Form W-9, containing Facility’s taxpayer identification number. Company will issue Facility an IRS
Form 1099-NEC in connection with amounts paid to Facility pursuant to this Agreement, reporting the
payments to Facility as those for the work of an independent contractor, not as salary of an employee.
6.2 Facility is solely responsible for its own federal, state and local taxes, withholding social
security, insurance, and other benefits, including, without limitation, income tax, in connection with
amounts paid by Company to Facility and by Facility to its employees, independent contractors, and agents
and will indemnify and defend Company for any tax liability Facility incurs based on Facility’s failure to
do so.
6.3 Facility will indemnify Company and hold it harmless from and against all claims,
damages, losses, and expenses, including reasonable fees and expenses of attorneys and other
professionals, relating to any obligation imposed on Company to pay any withholding taxes, social
security, unemployment, disability insurance, or similar items.
6.4 Neither Facility, nor its employees, contractors, or agents are entitled to receive any
vacation or sick pay or to participate in any benefit or fringe benefits (including, but not limited to, medical
insurance, dental insurance, vision insurance, disability insurance, and life insurance), welfare plans,
bonus plans, stock grants, or similar benefits Company provides to some or all of its employees.
Furthermore, neither Facility, nor its employees, contractors, or agents are entitled to any coverage and/or
benefits under Company’s workers’ compensation insurance policy and are further not entitled to any
unemployment insurance benefits, as a result of Facility’s relationship with Company.
7. Work Made for Hire. To the fullest extent permitted by law, all rights worldwide with respect to
any and all patents, copyrights, trademarks, trade secrets, analyses, evaluations, reports, intellectual, or
other property of any nature produced, created or suggested by Facility in connection with Facility’s
services to Company (collectively, the “Deliverables”) will be deemed to be a “work made for hire” as
defined in 17 U.S.C.§ 101 for Company and hereby deemed to be Company’s sole and exclusive property.
If, for any reason, any of the Deliverables do not constitute a “work made for hire,” Facility hereby
irrevocably assigns to Company, in each case without additional consideration, all right, title and interest
throughout the world in and to the Deliverables, including all intellectual property rights therein.
8. Confidentiality.
8.1 Facility acknowledges that during the Term, Facility may be provided, learn, develop, and
have access to trade secrets, confidential information, and proprietary materials which may include, but
are not limited to, the following: strategies, methods, books, records, and documents; technical
information concerning products, equipment, services, and processes; procurement procedures and pricing
techniques; the names of and other information concerning actual or prospective ticket holders, fans,
customers, investors, and business affiliates; pricing strategies and price curves; positions, plans, and
strategies for expansion or acquisitions; budgets; research; financial and sales data; evaluations, opinions,
and interpretations of information and data; marketing and merchandising techniques; grids and maps;
electronic databases; models; specifications; computer programs; internal business records; contracts
benefiting or obligating Company, Team, or any affiliates; bids or proposals prepared for or submitted to
any third party; technologies and methods; training methods and processes; organizational structure;
personnel information, including compensation of personnel; payment amounts or rates paid to
contractors, consultants, or other service providers; past, present, and future prospect or player lists,
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analyses, and assessments, as well as playbooks, cap projections and analyses, scouting reports, and the
like; and other information, whether tangible or intangible, in any form or medium provided which is not
generally available to the public and which has been developed, will be developed, or has been acquired
by Company or Team as a result of its or their effort or expense (collectively, “Confidential
Information”).
8.2 During the Term and at all times thereafter, unless otherwise specifically authorized in
writing by a member of senior management, Facility covenants and agrees: (i) to hold Confidential
Information in the strictest confidence; (ii) not to, directly or indirectly, disclose, divulge, or reveal any
Confidential Information to any person or entity; (iii) to use such Confidential Information only when
providing Services under this Agreement; and (iv) to take such protective measures as may be reasonably
necessary to preserve the secrecy and interest of Company in the Confidential Information. Facility agrees
to immediately notify Company of any unauthorized disclosure or use of any Confidential Information of
which Facility becomes aware. Nothing herein will prevent Facility from making required or legally
compelled disclosures to court or governmental agencies; provided, that Facility must promptly inform
Company of any such situations and take reasonable steps to prevent disclosure of Confidential
Information until Company has been informed of such required disclosure and has had a reasonable
opportunity first to seek a protective order. Notwithstanding anything contained herein to the contrary, the
confidentiality obligations herein do not prohibit Facility from (i) reporting any good faith allegation of
unlawful practices to any appropriate federal, state, or local governmental agency enforcing discrimination
laws; (ii) reporting any good faith allegation of criminal conduct to any appropriate federal, state or local
official; (iii) participating in any proceeding with any appropriate federal, state, or local government
agency enforcing discrimination laws; (iv) making any truthful statements or disclosures required by law,
regulation, or legal process; or (v) requesting or receiving confidential legal advice. For the avoidance of
doubt, nothing herein is intended to, or will be used in any way to, limit Facility’s rights to communicate
with a government agency, as provided for, protected under or warranted by applicable law.
8.3 The Parties agree that the terms set forth in this Agreement, and all negotiations or
discussions between the Parties relating thereto, are confidential and, accordingly, that the Parties will
remain bound not to disclose this Agreement (subject to the Hockey Rules or as required by law), its
contents, or any confidential information communicated or shared in any such negotiations or discussions
(in each case, before, on, or after the Effective Date), related to this Agreement and the transactions
contemplated hereby (and including in all events the substantive terms hereof) to any third party.
8.4 Should Facility disclose any part of the Confidential Information, Facility must
immediately notify Company in writing of the circumstances surrounding such disclosure, and Facility
will assist Company in the prosecution of any parties who are using the Confidential Information in
violation of this Agreement.
8.5 Facility agrees that, due to the unique nature of the Confidential Information, if Facility
refuses or fails to fully honor Facility’s obligations hereunder, Company will suffer irreparable harm, and
will have, in addition to any other rights available to it, the right to obtain temporary or permanent
injunctive relief, including, but not limited to, specific performance of the confidentiality obligations
contained herein, without any showing of actual damage or inadequacy of legal remedy, and without the
necessity of posting a bond.
8.6 Without limitation to any right that Company may have at law or at equity, the Parties
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agree that this Section 8 will survive the expiration or early termination of this Agreement.
8.7 Facility acknowledges and agrees that, through this Agreement, Company has provided
Facility with written notice that the Defend Trade Secrets Act, 18 U.S.C. § 1833(b)(2), provides an
immunity for (i) the disclosure of a trade secret that is made in confidence to a federal, state, or local
government official, either directly or indirectly, or to an attorney, and is made solely for the purpose of
reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document
filed in a lawsuit or other proceeding if such filing is made under seal. Nothing herein will be construed
to impose any obligation inconsistent with the Defend Trade Secrets Act. Additionally, nothing herein
limits Facility’s right to receive money awarded by the U.S. Securities and Exchange Commission as a
reward for providing information to that agency.
9. Return of Property. Facility agrees that immediately upon termination of this Agreement, or at
any other time that Company may request in writing, Facility must return all property of Company in
Facility’s possession, custody, or control, including, but not limited to, all Confidential Information, as
well as any other documents, copies, recordings of any kind, papers, computers, computer equipment,
mobile devices, external storage devices, drawings, manuals, letters, notes, reports, formulae, memoranda,
lists, keys, passwords, login credentials, and other materials that relate to Company and that Facility
obtained in connection with this Agreement or the Services provided hereunder.
10. Insurance and Indemnification.
10.1 At Facility’s sole expense, Facility will maintain adequate liability insurance to cover
Facility’s performance under this Agreement, including, without limitation, general commercial liability
insurance, professional indemnity (errors and omissions) insurance, employers’ professional liability
insurance, and automobile and workers’ compensation insurance for Facility and Facility’s employees,
contractors or agents, and will name Company and its owners, affiliates, officers, directors, managers,
employees, agents and representatives as additional insured thereunder and provide Company with a
certificate of insurance evidencing this fact. Facility will maintain adequate insurance to protect Facility
from: (i) claims under workers’ compensation and state disability acts; (ii) claims for damages because of
bodily injury, sickness, disease, or death that arise out of any negligent act or omission of Facility or
Facility’s employees, contractors, or agents; and (iii) claims for damages because of injury to or
destruction of tangible or intangible property, including loss of use resulting therefrom, that arise out of
any negligent act or omission of Facility or Facility’s employees, contractors, or agents.
10.2 Facility hereby agrees to indemnify, defend, and hold harmless Company and its owners,
affiliates and subsidiaries and their respective officers, directors, managers, employees, agents and
representatives, from and against any and all claims for damages for personal injury or property damages,
or any other claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries,
citations, fines, penalties, deficiencies, or other liabilities, including, interest, penalties, and reasonable
attorney fees and costs, that Company may incur or suffer and that result from Facility’s provisions of the
Services (“Claims”) including, but not limited to: (i) Claims that directly relate to or arise from the acts
or omissions of Facility or Facility’s employees, contractors, or agents; (ii) Claims that relate to any breach
or failure of Facility to perform any representation, warranty, or promise in this Agreement; (iii) any
allegation that Company is the employer, co-employer, or joint-employer of Facility or any of its
employees, contractors, or agents, and any liability arising from such allegation; (iv) any federal, state, or
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local tax liability arising out of this Agreement; and (v) Claims by governmental authorities with respect
to non-compliance with laws applicable to Facility or the Services performed pursuant to this Agreement.
11. Non-Solicitation. Facility agrees that during the Term, and for a period of twelve (12) consecutive
months after the termination of this Agreement for any reason, Facility will not directly or indirectly
induce or attempt to induce or otherwise counsel, advise, solicit, or encourage any person to leave the
employ of Company or any other affiliates, to accept employment with any person or entity besides
Company or affiliates without Company’s prior written approval.
12. Termination.
12.1 Without Cause. Either Party may terminate this Agreement without cause prior to the
scheduled end of the Term by giving prior written notice of at least thirty (30) days to the other Party;
provided, that Company may relieve Facility of Facility’s obligation to perform further Services at any
time prior to the expiration of such notice period.
12.2 Cause. Company has the right to terminate this Agreement at any time for “Cause”
(defined below) immediately upon written notice to Facility of such termination. Upon delivery of such
notice to Facility, Company will have no further obligations, monetary or non-monetary, to Facility.
“Cause” includes, but is not limited to:
a. Bankruptcy or Insolvency of either Party;
b. Inability to Perform Services. Facility is unable to perform the Services under this
Agreement, including as a result of any death or disability;
c. Unsatisfactory Performance of Services. Facility refuses or fails to satisfactorily
perform the Services under this Agreement;
d. Negligent, Willful, or Intentional Misconduct. Facility engages in negligent, willful or
intentional misconduct that in Company’s sole discretion has damaged, tarnished, or
jeopardized, or is reasonably likely to damage, tarnish, or jeopardize, the reputation,
image, business, business interests, business relationships, or good-standing of
Company, Team, its or their affiliates, owners, officers, managers, employees, or
players, or the NHL;
e. Fraud and Other Acts. Facility engages in any act of fraud, embezzlement, theft,
insubordination, dishonesty, or moral turpitude against Company, including Team or
any affiliate;
f. Criminal Activity. Facility engages in criminal activity;
g. Breach of Agreement. Facility engages in any activity which would constitute a breach
of this Agreement;
h. Work Authorization. Facility fails to maintain authorization to work in the United States
and/or fails to maintain any licenses or certifications that are reasonably necessary to
provide the Services contemplated under this Agreement; and
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i. Force Majeure Event pursuant to Section 13.
13. Force Majeure. If there is a “Force Majeure Event” (defined below) during the Term that
Company determines, in its sole discretion, will have a negative impact on its revenues or business in
general, Company will have the right, in its sole discretion, and without any liability to Facility or any
other person or entity, to terminate this Agreement immediately. As used herein, “Force Majeure Event”
means, without limitation, any matter or occurrence outside of Company’s reasonable control, including,
but not limited to: (a) any pre-season or regular season NHL games being cancelled for any reason,
including any NHL-directed lockout or other work stoppage related to the NHL Players’ Association; (b)
work stoppage or other labor dispute; (c) government regulation; (d) pandemic; (e) epidemic; (f) outbreak
of disease, virus, or other contagion; (g) an act of God; (h) an Executive Order or other mandate issued by
the President of the United States, Governor of Illinois, Mayor of Chicago, or any other local or state
government; (i) Declaration or Proclamation of a National and/or State Emergency; (j) any directive by
the NHL, including, but not limited to, any directive that results in postponement, suspension, or
cancellation of all or any portion of a hockey preseason or regular season; or (k) any order, directive,
matter, or occurrence that prohibits or restricts fans from attending hockey games, or otherwise limits the
number of people allowed to attend games.
14. Arbitration.
14.1 The Parties each agree that any and all disputes between them will be resolved by
mandatory and binding arbitration conducted pursuant to the Federal Arbitration Act. This includes any
disputes arising out of or related to this Agreement, including, but not limited to disputes over the validity,
interpretation, construction and enforcement of this Agreement.
14.2 Arbitration will be governed by the Federal Arbitration Act and conducted pursuant to the
American Arbitration Association’s rules for the resolution of commercial disputes that are in effect that
are not inconsistent with this Agreement (the “Rules”) with the exception that the arbitrator will not have
the right to conduct any arbitration on a class, collective or representative basis. All arbitrations must be
conducted as individual claims and each resolved in a single arbitration between the Facility and
Company. Company and Facility intend that all disputes be resolved by an arbitrator selected by Company
and the Facility to arbitrate their individual disputes and no other, even identical, disputes with a third-
party or other current or former contractor or employee of Company. The arbitration will be conducted by
a single arbitrator selected by agreement of Company and Facility or consistently with the Rules and will
be conducted in Chicago, Illinois, unless the Facility and Company agree otherwise. Any proceedings,
discovery, evidence, and/or award rendered during the arbitration must remain confidential.
FACILITY AND TEAM AGREE AND UNDERSTAND THAT THEY ARE
WAIVING VALUABLE RIGHTS SUCH AS THE RIGHT TO HAVE A TRIAL IN
COURT AND TO ADJUDICATE CLAIMS ON A CLASS, COLLECTIVE, OR
REPRESENTATIVE BASIS. FACILITY AND COMPANY AGREE TO
ARBITRATE ALL DISPUTES ARISING OUT OF OR RELATED IN ANY WAY TO
THIS AGREEMENT, SUBJECT TO ANY LIMITATIONS SET FORTH HEREIN.
14.3 Notwithstanding anything to the contrary herein, Company is not precluded from seeking
a temporary restraining order, temporary injunction, or permanent injunction (with or without notice) in a
court of competent jurisdiction in the event of a breach or threatened breach of any restrictive covenant of
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this Agreement. If Company seeks any such relief, Facility agrees to waive any requirement for the
securing or posting of any bond in connection with the obtaining of any such injunctive relief.
14.4 Furthermore, notwithstanding anything in the foregoing to the contrary, this Section 14
will not apply to any existing or future claim, right or benefit relating to alleged discrimination, harassment
or retaliation.
15. Assignment. Company has the right to assign this Agreement or any rights or obligations
hereunder, in whole or in part, to any person or entity that succeeds to ownership of Company or Team.
Facility may not assign this Agreement or any rights or obligations hereunder without Company’s written
consent. Any subcontract made by Facility with Company’s consent must incorporate by reference all of
the terms of this Agreement, and Facility agrees to guarantee the performance of any subcontractor used
in performance of the Services. Any approved assignment will not relieve Facility of its obligations
hereunder.
16. Complete Understanding and Agreement Modification. This Agreement constitutes the entire
understanding and agreement of the Parties regarding the subject matter hereof and supersedes all prior
and contemporaneous agreements or understandings, inducements or conditions, express or implied,
written or oral, between the Parties. The express terms hereof control and supersede any course of
performance or usage of the trade inconsistent with any of the terms hereof. The Parties acknowledge they
have not relied upon any representation or promise not contained herein when entering into this
Agreement. This Agreement may not be changed, modified, altered or amended in any respect except by
a written instrument signed by the Parties.
17. Notices. All notices, demands, or other communications required or permitted to be given by one
Party to the other must be given in writing and personally delivered or sent by certified mail, return receipt
requested, or electronic mail to the address and/or person listed below:
If to Company: Chicago Blackhawk Hockey Team, Inc.
1901 West Madison Street
Chicago, IL 60612
Attn: General Counsel
Email: generalcounsel@blackhawks.com
If to Facility: The address listed in the first paragraph of this Agreement, unless
otherwise indicated below:
The Parties may change the address at which notices are to be received by giving notice in accordance
with this provision.
18. Severability. If any one or more of the provisions contained herein are for any reason held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect
any other provision hereof, but this Agreement will be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
19. Enforcement. This Agreement will be governed by, and construed in accordance with, the internal
laws of the State of Illinois without giving effect to its choice of law or conflict of laws principles. Venue
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for all matters arising out of this Agreement, except as set forth in Section 14, must be maintained
exclusively in Cook County, Illinois.
20. Waiver. A Party’s failure in any one or more instances to insist upon strict performance of any of
the terms and conditions hereof, or to exercise any right conferred herein, will not be construed as a waiver
or relinquishment of that right, nor will it be construed as a waiver of any right to assert or rely upon the
terms and conditions hereof. No waiver of any right, obligation or defect is implied, but must be made in
writing, signed by the Party against whom the waiver is sought to be enforced.
21. Other Remedies. Except as otherwise provided herein, any and all remedies expressly conferred
herein upon a Party are deemed cumulative with, and not exclusive of, any other remedy conferred hereby
or by law on such Party, and the exercise of any one remedy will not preclude the exercise of any other.
22. Counterparts. This Agreement may be executed in counterparts, all of which will be considered
one and the same agreement. Delivery of a copy of this Agreement by facsimile transmission, by electronic
mail in PDF form, or by any other electronic means intended to preserve the original graphic and pictorial
appearance of a document, shall have the same effect as physical delivery of the paper document bearing
the original signature.
23. Headings. The headings in this Agreement are for convenience or reference only and will not limit
or otherwise affect in any way the meaning or interpretation of this Agreement.
24. Successors and Assigns. Facility acknowledges that Company may assign its rights and
obligations hereunder, in its sole discretion and whether expressly or by operation of law, to any individual
or entity, including any subsidiary, affiliate, or successor of Company
25. Additional Representations. Facility represents and warrants to Company that: (a) Facility has
requisite authority and has taken all requisite action to execute and perform this Agreement; and (b) its
execution and performance of this Agreement does not conflict with, violate, or breach any law, statute,
rule, or regulation or any agreement or contract to which Facility is obligated.
26. Consultation with Counsel; Construction. Prior to signing this Agreement, Facility was
provided a complete copy of this Agreement and a reasonable opportunity to consult with Facility’s own
independent attorney regarding all matters concerning this Agreement. This Agreement is the product of
the Parties’ arm’s length negotiations. The Parties agree that they have each had an opportunity to discuss
the terms hereof with legal counsel of their choosing. The Parties agree that each of them, and their
respective legal counsel (if consulted), has had an opportunity to revise this Agreement and, therefore, the
normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party
will not be employed in the interpretation of this Agreement. Instead, the language used herein will be
deemed to be the language chosen by the Parties to express their mutual intent.
27. Survival of Obligations. Sections 2, 3, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
24, 26 and any other provision which by law or by its nature should survive, will survive the termination
and/or expiration of this Agreement.
(Remainder of page left intentionally blank. Signature page follows.)
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IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the
Effective Date.
CHICAGO BLACKHAWK HOCKEY TEAM, INC.
Signature
By: Marcus A. LeBeouf
Its: Vice President & General Counsel
CITY OF EVANSTON, ROBERT CROWN COMMUNITY CENTER
Signature
Name: Vicky Revere
Title: Division Manager
[Signature Page to Rink Affiliation Agreement]
Approved as to form:____________Carina E. Sánchez________________Acting City Manager
Alexandra B. Ruggie
Corporation Counsel
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Schedule A
(Will collect dates and times at a later date)
Doc ID: 3a1259f24426676e659da6b18440e8fbe8dd6061
Agreement with Chicago Blackhawks - Youth hockey program at...
Robert_Crown_Comm...ement__2024__.pdf
3a1259f24426676e659da6b18440e8fbe8dd6061
MM / DD / YYYY
Signed
07 / 30 / 2024
12:28:07 UTC-5
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Carina Sánchez
(csanchez@cityofevanston.org) from
lthomas@cityofevanston.org
IP: 66.158.65.76
07 / 30 / 2024
14:49:51 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 174.192.132.35
07 / 30 / 2024
14:50:00 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 174.192.132.35
07 / 30 / 2024
19:51:33 UTC-5
Viewed by Carina Sánchez (csanchez@cityofevanston.org)
IP: 172.59.185.248
07 / 31 / 2024
09:41:51 UTC-5
Signed by Carina Sánchez (csanchez@cityofevanston.org)
IP: 66.158.65.76
The document has been completed.07 / 31 / 2024
09:41:51 UTC-5