2026-01-28 Response from the Landowner; Deed; Contract Agreement

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Docusign Envelope ID: FD616E7E-3155-4C4C-A06A-ACFD01 F6FF28 Owner agrees to indemnify and hold harmless Producer from and against any and all actions, suits, losses, costs, damages, liabilities or claims thereof, including reasonable outside attorneys' fees, arising out of or in connection with: (i) any breach of any term, condition, obligation, warranty, representation, or agreement made by Owner; (ii) the gross negligence or willful misconduct of Owner, its agents, employees or representatives in connection with the Property or the performance of this Agreement or otherwise; or (c) any defect in the Property. Owner's obligations pursuant to this paragraph above shall survive any expiration or termination of the Agreement. If any controversy or claim arising out of or relating to this contract, or the breach of any term hereof, cannot be settled through direct discussions, the parties agree to endeavor to first settle the controversy or claim by mediation conducted in the County of Honolulu and administered by a mediator mutually approved by the parties. If a dispute is not otherwise resolved through direct discussions or mediation, the controversy or claim, including the scope or applicability of this agreement to arbitrate, shall be resolved by final and binding confidential arbitration conducted in the County of Honolulu and administered by an arbitrator mutually approved by the parties provided the arbitrator shall be (i) an experienced mediator or arbitrator (as applicable) who is experienced in the entertainment industry or (ii) a retired judge. Notwithstanding the above requirements, if a party files suit in court or files an arbitration before first seeking to mediate, in direct violation of this paragraph, the other party does not have to request mediation to enforce the right to compel arbitration as required under this paragraph. Upon the conclusion of any arbitration proceedings, the arbitrator shall render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision reached and shall deliver such documents to each party to the dispute. The arbitrator shall not have the authority to grant any remedies the parties to any dispute have waived herein. Producer may assign its rights hereunder to any third party, and this Agreement shall inure to the benefit of all such successors and assigns; provided, however, Producer may not sublet or sublicense its rights to occupy the Property to any third party without Owner's consent. Owner may not assign Owner's rights under this Agreement without the written consent of Producer, which consent shall not be unreasonably withheld. Owner agrees that Owner has not paid any money or other valuable consideration to Producer for the inclusion of the Property in the Program, nor has Owner paid any money to anyone or accepted any money from anyone for the inclusion of any plug, reference, or product identification on the Property. Owner may not photograph, film or record (audio or visual): (i) the production of the Program; (ii) the events contained therein (including, but not limited to, the Program events, outcomes, activities and participant interactions); (iii) the Program participants; and/or (iv) the production staff or other personnel. Owner agrees to keep all the terms of this Agreement and all information Owner obtains about the Program (including, without limitation, its subject matter, content, storylines, format, participants, and/or outcomes) (collectively, the "Confidential Information") in the strictest confidence, unless Owner gets Producer's permission in writing. Owner understands and agrees that any disclosure or misappropriation of any of the Confidential Information at any time in violation of this Agreement will cause Producer and the broadcast network irreparable harm and that monetary damages will not be sufficient to avoid and/or 6 3124861_1