These terms and conditions ("T&Cs") govern and control the purchase of any Ticket Plan by the purchaser ("Licensee") from the New York Yankees Partnership and if applicable Legends Hospitality, LLC (collectively "Licensor"). The T&Cs control if there is a conflict with: (x) the paper or digital invoice ("Invoice"); (y) any Ticket; and/or (z) http://www.yankees.com (https://oss.ticketmaster.com). Capitalized terms are defined in Section 26.
1. The T&Cs, the Invoice, Ticket and/or http://www.yankees.com (https://oss.ticketmaster.com) do not constitute an offer. The purchase of any Ticket Plan shall not be completed, until the potential Licensee both: (a) acknowledges acceptance of and agrees to be bound by these T&Cs (i.e., by signature or on-line click acceptance, the "Offer"); and (b) receives written notice of Licensor's acceptance, which is conditioned upon Licensee's compliance with the T&Cs, and confirmation of the Ticket Plan purchase.
2. Licensor's acceptance establishes the grant of a limited, non-renewable, revocable license for the Ticket(s) (the "License"). Licensor reserves the right to change the seat(s) covered by the Ticket Plan (the "Seat(s)") to reasonably comparable Seats if there is any alteration of Yankee Stadium (the "Stadium") as a result of any: (a) Major League Baseball ("MLB") requirements; (b) applicable federal, state and/or local laws ("Law(s)"); and/or (c) other reasons beyond the control of Licensor. Each Ticket covered by the License represents a separate License which only permits: (x) entry to the Game identified on the Ticket and the publicly-accessible areas of the Stadium at times determined by Licensor; and (y) sitting in the Seats. Risk of loss/theft of Ticket(s) passes to Licensee upon receipt. Valid Tickets must be presented to enter the Stadium.
3. The License is limited to the MLB regular season ("Regular Season") covered by the Ticket Plan and grants no right to renew for any subsequent Regular Season. Licensee acknowledges and agrees that it neither has a reasonable expectation to renew nor any right or privilege to renew the License for any subsequent Regular Season. Licensor reserves the right to grant or not grant any license to Licensee for any subsequent Regular Season for any reason whatsoever and pursuant to such terms and conditions as Licensor determines.
4. The License only applies to the Games and does not include any right to purchase or otherwise obtain Tickets to any Event. Licensor may extend the opportunity to purchase Tickets to Jewel Event(s) (for the Seats or other seats) under such terms and conditions as Licensor determines. If granted the opportunity, Licensee must license all Tickets to all potential Jewel Event(s) for each Seat offered by Licensor and, if not, all offered and remaining Tickets to Jewel Event(s) will be released for public sale or otherwise allocated by Licensor and Licensee will not be entitled to any compensation, credits, rebates, refunds, offsets, make-goods or other remedies.
5. Failure to make full payment of the entire Established Price for all Tickets on such dates and pursuant to such terms and conditions established by Licensor constitutes a material breach of the License and T&Cs. Any payment plan granted by Licensor is merely an accommodation and does not entitle Licensee to: (a) any portion of Tickets and/or Games if the full Established Price is not paid; and/or (b) apportion any payment to any Tickets and/or number of Games. Any and all sums due hereunder from Licensee, whether the Established Price or otherwise, if not paid when due, shall bear interest at the lesser of: (x) one percent (1%) per month; or (y) the maximum rate then permitted by applicable Law from the date due until paid. Such interest charge shall be in addition to, and not in lieu of, all other rights and remedies available to Licensor.
6. Licensor's policies (the "Policy(ies)") include the following:
(a) Subject to such exceptions as may be determined by Licensor, the Licensee must be age 18 or older.
(b) A Licensee is only permitted to purchase, control, coordinate, manage or direct (collectively, "control") the following maximum number of Tickets-per-Game (the "Ticket Limit"): (i) eight (8) Tickets-per-Game for Licensees existing as of August 1, 2018; or (ii) four (4) Tickets-per-Game for Licensees existing after August 1, 2018. Examples of how the Ticket Limit can be exceeded include: (i) Ticket(s) controlled by any Person related to Licensee; or (ii) Account(s) (defined in Section 7) that is/are in any way tied, linked or related to a specific Person or group that is in any way affiliated with each other or under common ownership, control or direction. Use of aliases, separate forms of payment or separate Persons or third parties to circumvent the Ticket Limit constitutes a material breach of the License and T&Cs. The Ticket Limit will be strictly enforced. Licensor may refuse any sale and revoke any License that violate the Ticket Limit. Licensor reserves the right to make exceptions to the Ticket Limit.
(c) Licensee must be a legal resident, domiciled and/or have a principal place of business located in the Territory (the "Territory Limit"). Licensor can determine whether a Licensee, which includes: (i) any Person related to Licensee; or (ii) any Account(s) that is/are in any way tied, linked, or related to a specific Person or group that is in any way a legal resident, domiciled and/or has a principal place of business located in the Territory. Falsely claiming a legal residence/domicile at a post office box/commercial mail receiving agency located in the Territory, redirecting mail from inside/outside the Territory or using addresses of Persons or third parties located in the Territory constitutes a material breach of the License and T&Cs. Licensor will strictly enforce the Territory Limit policy, refuse to sell to any Person that would cause this policy to be violated and revoke Licenses relating to any Account that violates this policy. Licensor reserves the right to make exceptions to the Territory Limit policy.
(d) Licensor reserves the right, with or without refunding the Established Price, to revoke the License, refuse admission to or eject from the Stadium any Person who: (i) is or appears to be impaired; (ii) conceals alcohol, illegal substances or other prohibited items while attempting to enter the Stadium; (iii) acts in a manner that is unruly, disruptive or illegal; (iv) uses derogatory, foul and/or abusive language and/or gestures; (v) displays and/or wears and fails to cover obscene, indecent and/or inappropriate clothing; (vi) exposes him/herself; or (vii) otherwise violates the Stadium's Code of Conduct, ordinances, rules, requirements, directives, regulations (collectively, "Stadium Rules").
7. All Licensee's account information provided (e.g., name, billing/mailing/email addresses, phone, etc.), including as reflected on Licensee's My Yankees Account, must be the Licensee's own and true personal or business information. All payments for the Tickets must be made directly by the Licensee (i.e., by the Licensee's check or credit card). False or misleading information constitutes a material breach of the License and T&Cs. Licensor reserves the right to require valid identification and/or other proof of information related to the Account. Licensee can only be one (1) Person to whom/which a Ticket License account is registered in Licensor's database ("Account"). If the Account is registered in the name of a business entity, a contact person (who will not be considered the Licensee) must be identified. Payment of any Invoice by anyone other than Licensee, and receipt and/or acceptance of payment thereof by Licensor, does not constitute or effectuate an assignment or transfer of the License. The License, the Account and/or any duties, obligations, rights and privileges may not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by Licensee to any other person or entity without the express written consent of Licensor.
8. Views and lines of sight from the Seats may be impacted by numerous conditions including: (a) as a result of Game/Event/Stadium conditions (e.g., on-deck circles, coaches boxes, umpires, referees, players, coaches, managers, etc.); (b) protective devices/netting; (c) the manner of play and/or the field configuration; (d) Stadium signage; (e) Stadium and production personnel (e.g., groundscrew, security, cameramen, photographers, etc.) and their equipment (e.g, sound equipment, cables, etc.); (f) other guests/fans and their property (e.g., hats, umbrellas, etc.); and (g) configuration of the Stadium's seating bowl (e.g., aisle seating, ADA seating, etc.). Such conditions shall not entitle Licensee to any compensation, credits, rebates, refunds, offsets, make-goods or other remedies.
9. Any direct or indirect sale, resale, auction, assignment or transfer (collectively, "Resale") of Tickets must be done in accordance with Laws. Any Resale in violation of Laws constitutes a material breach of the License and T&Cs. Any attempt by two (2) or more persons to gain admission with both a cancelled Ticket and any reissued Ticket whether as part of a Resale transaction and/or otherwise transferred by Licensee constitutes a material breach of the License and T&Cs. New York law PROVIDES THAT: (a) the UNLAWFUL Resale of five (5) or more Tickets without having first procured a license from the New York Secretary of State is punishable by imprisonment of up to one (1) year and fines OF up to $4,000.00 or MORE; (b) the use of any machine, device, computer program or computer software that navigates or runs automated tasks on retail ticket purchasing websites in order to bypass security measures to purchase Tickets is illegal; and (c) "the Resale of any Ticket within one thousand five hundred (1,500) feet from the physical structure of the Stadium (including any building or other structure at which Tickets are offered for first sale to the public) under penalty of law." LICENSOR RESERVES THE RIGHT TO REQUIRE PROOF OF A VALID NEW YORK TICKET RESELLER LICENSE.
10. No Ticket may be used for advertising, promotion (including contests, giveaways or sweepstakes), charitable, trade or commercial purposes without Licensor's consent. Any violation of the foregoing is the sole responsibility of Licensee. Licensor will investigate any violations of the License and/or T&Cs. The failure of Licensee or any Ticket holder ("Holder") to cooperate with any investigation constitutes a material breach of the License and T&Cs.
12. During any sporting event, it shall be illegal for any person other than a sports participant to: (a) knowingly enter or remain unlawfully upon the playing area; (b) subject a sports participant to contact by means of any substance, object or dangerous instrument; (c) place, drop, toss or hurl any substance, object or dangerous instrument onto the playing area; (d) strike, slap, kick or otherwise subject to physical contact a sports participant; and (e) attempt to do (b), (c) or (d) with the intent to cause physical injury to a sports participant or with the intent to disrupt a sporting event. Any person who violates the foregoing may be guilty of a misdemeanor punishable by imprisonment and/or fine as well as civil penalties of up to $25,000.
13. WARNING: BASEBALLS AND BATS MAY BE THROWN OR HIT ANYWHERE IN THE STADIUM. FOR THE SAFETY OF EVERY GUEST, ALL GUESTS MUST STAY ALERT AND BE AWARE OF THEIR SURROUNDINGS AT ALL TIMES. GUESTS WHO ARE CONCERNED WITH THEIR SEATS AT ANY TIME DURING THE GAME SHOULD CONTACT ANY GUEST RELATIONS REPRESENTATIVE FOR AN ALTERNATE SEAT.
14. Licensee, on behalf of itself and any Holder, assumes all risk of personal injury or damages to, or loss of property of, Licensee and any Holder arising out of, during or related to Licensee's and any Holder's use of any Ticket(s) or otherwise incidental to the sport of baseball or Event and/or attendance at the Stadium including the danger of being injured by thrown bats and fragments thereof or thrown/batted baseballs. Neither the Licensor, the Office of the Commissioner of Baseball (the "BOC"), MLB nor its related entities, nor any of their respective agents, players, coaches, officers, employees and owners shall be liable or responsible for any loss, damage or injury to any Person or to any property in, about or around the Stadium and/or any portion thereof and/or parking lots resulting from any cause whatsoever including injury to person or property from thrown/hit baseballs/bats, crime, fan misconduct and/or negligence. While at the Stadium, Licensee and all Holders shall comply with the License, T&Cs, Laws and Stadium Rules.
15. Licensee shall indemnify, defend and hold harmless Licensor, the New York Yankees Baseball Club (the "Club"), Yankee Stadium LLC, MLB and its related entities and the City of New York and each of their respective subsidiaries and affiliates, and their respective officials, limited and general partners, owners, employees, officers, directors, managers, members, agents, licensees, affiliates, successors and assigns (collectively, the "Licensor Indemnitees"), from and against all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorneys' and professionals' fees and expenses and taxes (including in any action between Licensee and Licensor or any other indemnitees), arising from the use of any Ticket. The attorneys selected to defend any Licensor Indemnitee shall be subject to Licensor's prior written approval. The provisions of this Section 15 shall survive any expiration or termination of the License.
16. NOTICE: FOR THE SAFETY OF EVERY GUEST, ALL PERSONS SPECIFICALLY CONSENT TO: (a) BEING SCREENED BY METAL DETECTORS; (b) BAG/CLOTHING INSPECTIONS; AND (c) PHYSICAL PAT-DOWN INSPECTIONS PRIOR TO ENTRY. ANY PERSON, ITEM OR PROPERTY THAT POSES A THREAT TO SAFETY WILL BE DENIED ENTRY.
17. BY USING THE TICKET, THE USER AGREES THAT: (a) HE/SHE SHALL NOT TRANSMIT OR AID IN TRANSMITTING ANY INFORMATION ABOUT THE GAME OR EVENT TO WHICH THE TICKET GRANTS ADMISSION, INCLUDING ANY ACCOUNT, DESCRIPTION, PICTURE, VIDEO, AUDIO, REPRODUCTION OR OTHER INFORMATION CONCERNING THE GAME OR EVENT (COLLECTIVELY, "GAME INFORMATION"); (b) LICENSOR AND/OR THE BOC AND/OR THE EVENT PROMOTER IS THE EXCLUSIVE OWNER OF ALL INTELLECTUAL PROPERTY, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE GAME, EVENT AND GAME INFORMATION; AND (c) LICENSOR, THE PARTICIPATING CLUB, THE BOC AND EVENT PROMOTER AND EACH OF THEIR RESPECTIVE AGENTS AND LICENSEES SHALL HAVE THE UNRESTRICTED, IRREVOCABLE, ASSIGNABLE RIGHT AND LICENSE TO USE THE TICKET USER'S LIKENESS, NAME, VOICE, COMMENTS AND/OR OTHER PROPRIETARY OR PUBLIC RIGHTS IN ANY LIVE OR RECORDED BROADCAST, TELECAST, WEBCAST, WIRELESSCAST, INTERNET STREAMING, TV EVERYWHERE PROGRAMMING, FILM, AUDIO/VIDEO RECORDING OR PHOTOGRAPH TAKEN IN CONNECTION WITH THE GAME OR EVENT OR ANY OTHER TRANSMISSION, DISTRIBUTION, PUBLIC PERFORMANCE OR REPRODUCTION, IN WHOLE OR IN PART, OF THE GAME OR EVENT FOR ALL PURPOSES WORLDWIDE, IN PERPETUITY, AND IN ANY AND ALL MEDIA NOW OR HEREAFTER KNOWN, WITHOUT COMPENSATION OR CONSIDERATION, NOTIFICATION OR PERMISSION.
18. RAIN CHECK POLICY: Tickets are not subject to any refund and shall bear no cash value. In the event a regulation game as defined by the Official Baseball Rules (i.e., four and one-half (4 1/2) innings if the home club is ahead or five (5) full innings if the visiting club is ahead or the Game is tied) is not played, the Ticket will constitute a rain check that can be either: (a) used for admission to the rescheduled Game, if any, subject to certain doubleheader limitations; or (b) exchanged for a Ticket comparable in price and location to another, similar Game within 12 months of the originally scheduled Game, subject to availability. For complete details of the Rain Check Policy, please visit www.yankees.com/raincheck.
19. All rosters, lineups, coaches and manager and Game dates and times are subject to change. Licensor shall not be: (a) liable for any failure to and/or delay in performing and/or complying with its obligations under these T&Cs as a result (directly or indirectly) of any Force Majeure Event; and (b) obligated to settle or vote to settle any strike, lockout or work stoppage or other labor disturbance (including any MLB strike or lockout) to avoid a Force Majeure Event from continuing. Licensor shall not be liable to Licensee or any Holder for any direct, indirect, consequential, exemplary, incidental, special or punitive damages or for lost profits, revenues or business opportunities even if Licensor has been advised of the possibility of such damages.
20. (a) Licensee shall be in material default upon the occurrence of any of the following (each a "Default"): (i) Licensee fails to pay in full any portion of the full Established Price or any other amounts when due; (ii) any violation and/or breach of any Policy; (iii) Licensee or any Holder engages in any illegal activity or commits any material breach or repeat violation of any of the License, T&Cs or Stadium Rules; (iv) Licensee either voluntarily files for bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation or any similar proceedings, as applicable, or involuntarily has a proceeding instituted against it and such proceeding is not dismissed within 30 days; and/or (v) Licensee makes a general assignment for the benefit of creditors.
(b) Upon the occurrence of any Default, Licensor may, in addition to all other rights and remedies that it may have, at its option and with or without notice to Licensee, do any of the following: (i) withhold distribution or void barcodes of Tickets or deny entry into the Stadium until the Default is cured; and/or (ii) terminate the License.
(c) Licensor shall be entitled to recover from Licensee, and Licensee shall pay to Licensor: (i) all damages Licensor may incur by reason of the Default; (ii) all reasonable attorneys' and professionals' fees and expenses and litigation costs (including arbitration fees and costs) incurred in connection with the Default; and (iii) the costs and expenses incurred by Licensor to re-license the Seat(s). In addition to the foregoing, Licensee shall be responsible and liable for the applicable interest referred to in Section 5, above, applied upon all of the foregoing.
(d) Licensee acknowledges that under Laws, Licensor is a "lost volume seller" with respect to the sale and purchase of Tickets. Licensor shall have no obligation to mitigate its damages as a result of any Default or failure or misrepresentation by Licensee. The decision whether to re-license any Tickets in the Seats and the terms and conditions pursuant to which any Tickets may be re-licensed shall be made by Licensor. Any amounts received by Licensor from any re-license of any Tickets after termination of the License shall not reduce any of Licensee's obligations and liabilities.
(e) The remedies contained herein are cumulative and shall not limit or exclude any other right or remedy set forth herein or otherwise available to Licensor at law or in equity, including Licensor's right to receive indemnification. No waiver by Licensor of any Default or breach by Licensee of its obligations hereunder shall be construed to be a waiver or release of any other subsequent Default or breach by Licensee hereunder and no failure or delay by Licensor in the exercise of any remedy provided for herein shall be construed to constitute a waiver thereof or of any other right or remedy available to Licensor.
21. No general partner of Licensor shall have any personal liability with respect to any of Licensor's obligations under the T&Cs by reason of his/her/its/theirs status as general partner. In addition, no limited partner, member, officer, director, stockholder or other holder of any ownership interest of or in Licensor shall have any personal liability with respect to Licensor's obligations under the T&Cs by any reason of his/hers/its/theirs status as limited partner, member, officer, director, stockholder, interestholder or otherwise.
22. The License and any other licenses that may be granted by Licensor shall in all respects be subordinate to: (a) rules and policies of MLB and its related companies; and (b) the Policies, including the Stadium Rules - all as may be amended.
23. The T&Cs and the License are governed by New York law without regard to its conflict of law principles. Any violation of New York law by Licensee constitutes a material breach of the License and the T&Cs. Any written notice should be mailed to: New York Yankees, Yankee Stadium - Ticket Office, Attn: Ticket Manager and Attn: General Counsel, One East 161st Street, Bronx, NY 10451.
24. (a) The parties agree that a representative of each of the parties will attempt in good faith to resolve any material dispute (including any Default, each a "Dispute"), which if not resolved within five (5) days, will entitle either party to initiate arbitration pursuant to subsection 24(b), below, by delivery of written notice to the other party. The parties agree that no arbitration shall be: (i) certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated; and (ii) consolidated with, or joined in any way with, any other arbitration. THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
(b) Subject to subsection 24(a) and/or reaching an impasse, the parties agree to submit any unresolved Dispute to binding arbitration in New York, New York pursuant to the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect (the "Expedited Procedures"), except where those rules conflict with this subsection 24(b), in which case this subsection 24(b) will control.
(i) The Dispute will be decided by one (1) arbitrator (the "Arbitrator") appointed pursuant to the Expedited Procedures who should have experience in arbitrating commercial, sports-related business and/or ticket disputes. The fees and expenses of the Arbitrator and the AAA will be borne equally by the parties.
(ii) The arbitration hearing will be conducted in New York, New York and conclude no later than 30 days after the date on which the Arbitrator is appointed. The Arbitrator will: (A) set the date(s) for the arbitration hearing ("Hearing"); (B) make determinations based solely on the documents and other evidence presented at the Hearing; (C) render a decision regarding the dispute in accordance with subsection 24(b)(iii); and (D) provide reasonable discovery, including document demands and depositions (which will be limited to a total of 15 hours of deposition testimony from all fact and expert witnesses).
(iii) Within three (3) business days after the Hearing, each party will submit to the Arbitrator and the other party a statement setting forth its good faith proposal to resolve the Dispute ("Proposal"). Any party who fails to timely submit its Proposal will be deemed to have accepted the Proposal submitted by the other party. The Arbitrator will, within ten (10) business days after the submission date, render a written opinion adopting only one (1) party's Proposal as the only acceptable resolution of the Dispute (the "Opinion"). The Arbitrator will have no power or authority to impose any resolution not specified in the accepted Proposal. The Opinion will be final and binding on the parties. Neither of the parties may apply to any court to vacate, modify or appeal the Opinion, but may apply to an appropriate court solely for the purpose, if necessary, of enforcing the recognition of the Opinion.
(c) Except as necessary in connection with a judicial challenge to or enforcement of the Opinion, or unless otherwise required by law or judicial decision, the parties agree that the arbitration will be confidential. All conduct, statements, promises, offers, views and opinions expressed, orally or in writing, during the arbitration by any party or a party's agent, employee or attorney will remain confidential and, where appropriate, will be considered work product and privileged. The existence and the results of the arbitration will be maintained by the parties and their respective agents, employees, professionals and attorneys as confidential at all times. Licensee hereby also agrees to keep the T&Cs (including those relating to pricing) strictly confidential and not make any disclosure thereof unless required by law (in which case Licensee shall give prompt written notice to Licensor). The provisions of this subsection 24(c) shall survive any expiration or termination of the License.
(d) If a party does not participate in the arbitration in good faith, attempts to frustrate the arbitration and/or the arbitration reaches an impasse, then the other party shall be relieved from participating in any arbitration and may immediately proceed with any legal action, suit or proceeding in the United States District Court for the Southern District of New York or, if such court does not have jurisdiction, the Supreme Court of the State of New York, Bronx County. Licensee expressly and irrevocably accepts and submits to the exclusive jurisdiction and venue of the aforementioned courts in personam and waives any forum non conveniens claim. Licensee further acknowledges and agrees that any Dispute in such courts is likely to involve complicated and difficult issues and hereby irrevocably and unconditionally waives any right it may have to a trial by jury in respect to any litigation contemplated hereunder. Licensee further certifies and acknowledges that: (i) no representative, agent or attorney of Licensor has represented, expressly or otherwise, that Licensor would not, in the event of litigation, seek to enforce Licensee's waiver of a trial by jury; (ii) it understands and has considered the implications of Licensee's waiver of a trial by jury; (iii) it makes such waiver voluntarily; and (iv) it has induced Licensor to enter into this License by, among other things, its waiver of a trial by jury and the certifications contained in this subsection 24(d).
(e) YOU HAVE THE RIGHT TO REJECT ARBITRATION, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY by notifying us by mailing a written notice, postmarked within seven (7) days from the date of purchase. You must send your request to the New York Yankees Partnership, One East 161st Street, Bronx, NY 10451, Attn: Legal Department. The request must include your full name, address, account number, and the statement "I reject arbitration contained in my Ticket." If you exercise the right to reject arbitration, the other terms of the T&Cs shall remain in full force and effect as if you had not rejected arbitration.
25. These T&Cs contain the entire understanding of the parties with respect to the matters provided for herein and supersede any representations previously made or entered into by either party (whether oral or written). No amendment, modification or waiver to these T&Cs shall be valid or enforceable unless in writing and signed by both parties. Licensor's exercise of any decision, determination, grant and/or reservation of right shall be at Licensor's sole and absolute discretion. Whenever the words "include", "includes", or "including" are used, they shall be deemed to be followed by the words "without limitation" and/or "but not limited to".
"Established Price" means the price fixed at the time of sale by the Licensor for admission to the Stadium and printed or endorsed on each Ticket.
"Event(s)" mean(s) all charitable, religious, civic, political, sport (including any Jewel Events), entertainment and other events held in the Stadium other than Games.
"Force Majeure Event" means any act of God, disease/epidemic, hostility/war/rebellion/insurrection, military or usurped power, confiscation/nationalization, government sanction/regulation/restriction, riot, crime, act of terrorism, enemy action, civil commotion, unavoidable casualty, fire, earthquake, interruption/failure of electricity/utilities, inability to obtain labor/materials, strike/lockout/work stoppage/labor disturbance (including any MLB strike or lockout), adverse weather condition (e.g., rain, snow, lightning, etc.) or any other cause or condition beyond the reasonable control of the Licensor.
"Game(s)" mean(s) the Club's Regular Season home game(s).
"Jewel Event(s)" mean(s) any home games participated in by the Club in the Stadium during the MLB postseason or other event(s) designated by MLB as a "Jewel Event".
"Person" means an individual or other legal entity.
"Territory" means: (i) the State of New York; (ii) the State of Connecticut; (iii) the State of New Jersey; and (iv) the State of Pennsylvania.
"Ticket(s)" mean(s) any evidence of the right of entry to the Stadium sold by the Licensor or Licensor's agent expressly authorized to make the first sale of such evidence of the right of entry to the Stadium.
"Ticket Plan" means a plan covering Tickets to more than one (1) Game, with the number of Games determined by the Licensor.