Within 18 months of the OCOG executing the Joinder Agreement as provided for in section 2.4(b), the OCOG will prepare a business plan that details, to the extent possible, the planning, organizing, financing and staging of the Games.

The Business Plan will:

1. be approved by the Directors of the OCOG as contemplated in the Bylaws;
2. be submitted by the OCOG to Canada and the Province for approval;
3. be based on the Candidature File submitted by Vancouver, and budgets and master plan submitted by the OCOG, to the IOC;
4. be consistent with the IOC framework developed under the IOC's "Transfer of Knowledge Program";
5. be subject to amendment from time to time, in accordance with section 4.5 of this Agreement and the Bylaws; and
6. reflect the policy goals embodied in this Agreement.

The Business Plan will include the following elements:

1. a values, vision, mission, goals and objectives statement;
2. a financial plan that includes all sources of funding, a complete set of financial projections and cashflow projections;
3. a plan for achieving sponsorship revenue and value-in-kind support targets;
4. an Operating Budget and Capital Budget for each of the Olympic Games and the Paralympic Games;
5. a deficit avoidance plan that will include the requirement for the OCOG to immediately implement remedial measures to eliminate a Deficit and to establish acceptable levels of risk;
6. a risk management plan;
7. a plan for acquiring services required by the OCOG and for identifying how those services will be provided (for example, by the OCOG, third-party sponsorship, volunteer support, one of the Parties, or by other means);
8. a human resources plan regarding paid staff and volunteers, including an employment equity plan;
9. provision for an environmental scan that is to be regularly updated;
10. a plan for concluding development and use agreements with facility owners, as required, for the Games;
11. a marketing plan;
12. a security plan to be developed in consultation with the Government Parties;
13. a cultural plan that reflects the requirements of this Agreement and the Host City Contract, and that will be developed at a later date;
14. a health plan to be developed in consultation with the Government Parties;
15. a communications plan; and
16. an evaluation mechanism for ongoing assessment of the OCOG's progress in planning, organizing, financing and staging of the Games.

The OCOG will provide the Parties with quarterly updates to the Business Plan within 60 days after the end of each quarter of each fiscal year, including forecasts of revenues and expenses.

The OCOG will obtain the prior written consent of Canada and the Province to changes to the Business Plan, and will provide notice to the other Parties of such changes, that:

1. would materially impact a Government Party's rights or obligations under this Agreement; or
2. would result in an increase in or reallocation among the categories within the Operating Budget or the Capital Budget valued
   1. at $5,000,000 or more for any single increase or reallocation, or
   2. on a cumulative basis at $5,000,000 or more when taken together with other increases or reallocations made since the most recent approval of the Business Plan in accordance with the Bylaws.

For greater certainty, it is understood by the Parties that the marketing plan referred to in section 4.3(k) of this Agreement will reflect the Joint Marketing Programme Agreement and the IOC's "Olympic Marketing Development Programme".

Unless otherwise specified herein, each of the Parties will designate a primary point of contact for the purposes of assisting the OCOG in the development and implementation of the Business Plan and the Operating Budget and Capital Budget, and to act as the primary point of contact for the OCOG with respect to the identification, definition, consultation and decisions related to the contributions described in sections 17, 18, 20 and 21 of this Agreement.

Each of the Parties and the Local First Nations will be entitled, upon their request, to appoint at least one representative to any advisory committees or work groups established by the OCOG.

The OCOG will organize and implement a doping control program under the authority of the IOC Medical Commission or the World Anti-Doping Agency, whichever is applicable, and in consultation with the Canadian Centre for Ethics in Sport.

The OCOG will ensure, to the extent reasonably possible, that any cultural program or events associated with the Games will reflect the cultural diversity of Canada, British Columbia, the city of Vancouver and the resort municipality of Whistler.

The OCOG will offer the opportunity to the Parties to make comments and suggestions regarding cultural programs or events associated with the Games.

The OCOG acknowledges that the official languages of the Games are English and French and will, in that light, undertake to serve the members of the public in both official languages, and communicate with and provide services to the public in both official languages. Without limiting the foregoing, the OCOG will comply with Canada's Official Languages Requirements set out in Annex A.

The OCOG will comply with Canada's policy on tobacco sponsorship in amateur sport as set out in Annex C.

The OCOG will establish a procurement policy that is fair, open and transparent and that reflects normal standards of accountability for organizations operating in the public domain.

In relation to projects funded by Canada under this Agreement, the OCOG will, to the extent that it is aware, provide notice to Canada in writing of any decision to procure goods or services from non-Canadian supplier, licensee or contractor that could materially affect Canadian economic interests.

The OCOG will establish:

1. a conflict of interest policy for directors, officers, employees, and volunteers;
2. subject to section 25 of this Agreement, a financial investment policy to guide the placement of revenues secured for the staging of the Games;
3. a policy on participation by all Canadians in the planning, organizing, financing and staging of the Games, with consideration given to participation by persons of diverse ethnic, socio-economic and cultural backgrounds.

The OCOG will raise funds for purposes related to the successful planning, organizing, financing and staging of the Games.

If an OCOG financial forecast projects a Deficit, the OCOG will promptly provide notice to the other Parties in writing of that financial forecast and will also specify the measures that it proposes to take to remedy the projected Deficit.

The OCOG will keep separate accounts for the Operating Budget and the Capital Budget, and within these Budgets, will keep separate accounts identifying and tracking the incremental costs for staging the Paralympic Games, as well as a proportion of the general costs of the Games. 11.4 The OCOG will:

1. organize, plan, finance, stage, manage, promote and conduct the Games in accordance with this Agreement, applicable governing agreements, the requirements of the IOC, and of any other person or entity with status to impose requirements related to the Games; and
2. respect the principles of
   1. being an equal opportunity employer, and
   2. pay equity in relation to its paid employees.

Subject to the Olympic Charter and the Host City Contract, the OCOG will ensure, in a manner acceptable to each of the other Parties, that those Parties receive appropriate recognition for their contribution to, and assistance with, the Games.

The Bid Corp or the OCOG will:

1. in recognition of the need for facility owners to respect policy and other concerns which a funding Party may have, and in recognition of the valuable role which the naming of facilities can play in raising funds by facility owners in the private sector, include, as a condition of agreements related to the construction of new facilities or renovation of existing facilities to be used during the Games Period, a requirement that, prior to the facility owner naming or re-naming the facility, the facility owner will consult with the OCOG and will not select a name that is unacceptable to the OCOG, acting reasonably; and
2. provide a copy of any agreements referred to in section 12.2(a) involving new facilities to be funded in whole or part by Canada, to Canada prior to finalization of the agreements.

The Bid Corp or the OCOG will:

1. include in agreements related to any facility to be used during the Games Period, a requirement that the OCOG have the authority to name or rename the facility during the Games Period; and
2. prior to exercising the authority referred to in section 12.3(a) with respect to any facility, the construction or renovation of which has been funded in whole or part by one or more Government Parties, the OCOG will consult with such Government Parties.

During the Games Period, the OCOG will:

1. only name or rename a new facility constructed for the Games, with the approval of the Government Parties, acting reasonably, who provided capital funding for the facility;
2. only name or rename a refurbished facility for the Games, after prior consultation with the Government Parties; and
3. ensure that the name "Whistler" is included in the naming or renaming of the Nordic Centre and the sliding centre.

The OCOG will ensure that it is included as a condition of the agreement related to the construction of the Nordic Centre that, prior to naming or re-naming the facility after the Games Period, the Lil'wat and Squamish First Nations will be consulted, with consideration given to using Lil'wat and Squamish First Nations' cultural names.

Any naming or renaming pursuant to sections 12.2 to 12.5 is subject to obtaining from the COC, under governing intellectual property laws, any necessary consent or approval to use any of the COC's intellectual property.

The Parties will make reasonable efforts to ensure that domestic radio and television broadcasts of the Games by the Canadian broadcast rights holders for the Games are in French and English.

Subject to the provisions of section 15.1 of this Agreement, the Olympic Charter, Host City Contract, Joint Marketing Programme Agreement and Marketing Plan Agreement, any intellectual property (e.g., copyright, industrial designs, trademarks, official marks) relating to the COC, the OCOG or the Games will be subject to the following:

1. where required by law to be legally protected or where required by IOC, same will be registered or protected, on public record, in the name of the COC and at the OCOG's expense. The COC will be the owner of such intellectual property;
2. any action to prevent any unauthorized use of such intellectual property will be in the name of the COC, taken with the prior written consent of the COC and the OCOG (such consent not to be unreasonably withheld), and will be at the OCOG's expense. Furthermore, legal counsel for the COC in all such actions will be counsel designated by the COC, or approved in writing by the COC;
3. any agreement to be entered into by the OCOG authorizing the use of such intellectual property will contain the necessary provisions, approved in writing by the COC prior to use, to ensure that such intellectual property at all times maintains its legally protected status in the name of the COC. For example, any marketing type agreement of the OCOG relating to the use of such intellectual property will adhere to the form of a standard form agreement previously approved in writing by the COC;
4. any use by the OCOG itself of such intellectual property will be in accordance with guidelines in writing prescribed by the COC which are necessary or advisable to ensure that such intellectual property at all times maintains its legally protected status in the name of the COC; and
5. in relation to the marketing agreements referred to above with sponsors, suppliers, supporters, licensees, etc, the COC will be involved in servicing all such sponsors, suppliers, supporters, licensees, etc to ensure, in a cooperative manner with the OCOG, an integration of such intellectual property of the COC including that relating to Canada's national Olympic team, in a manner that is consistent with the marketing plan of the OCOG referred to in section 4.3(k). Such servicing will be provided at the COC's cost, unless otherwise agreed. For such purpose, the aforementioned agreement, to be entered into between the COC and the OCOG, embodying the provisions of this section 14.1 will contain the necessary provisions relating to the role of the COC in such servicing.

The COC and the OCOG intend that the general principles set out in section 14.1 will be embodied in the agreement described in section 14.1 to be entered into between the COC and the OCOG.

It is understood that the provisions of this section do not apply to pre-existing intellectual property rights or to the ownership rights of intellectual property related to the architectural designs and plans developed for the purpose of construction and/or renovation of Games facilities and sport venue, provided that such plans and designs do not infringe or violate any of the COC's intellectual property.

As required by the IOC's "Manual for Candidate Cities for the XXI Olympic Winter Games 2010: Part 2 - Candidature File - Questionnaire", the Government Parties have set out their responses regarding the theme of ambush marketing in their respective Covenants.

The COC agrees that the OCOG will have, during the period from the date of this Agreement until December 31, 2004, the exclusive, royalty-free right to use intellectual property designed by or for it, and approved by the COC, related to the Bid Corp, the OCOG or the Games, provided that the use of such intellectual property does not conflict with any commercial agreements, undertakings or commitments of the COC as of July 2, 2003. It is understood that the intellectual property referred to in this section includes, but is not limited to, intellectual property registered in the name of the COC.

All material of archival value produced by or for the OCOG will be collected and organized by the OCOG, and preserved and maintained by Vancouver in accordance with the provisions of the Bid City Agreement and the Host City Contract.

Subject to section 15.1, the Parties will be entitled to use free of charge, before, during and after the Games Period, copies of any material prepared for or by the OCOG for purposes of developing and distributing sport promotional literature, films, photographs and video material for presentations in any other appropriate medium and for the preparation of such education materials as the COC, Vancouver or Whistler may from time to time determine but not for the purposes of marketing, licensing or any other form of fund raising. The OCOG will provide, without cost, such consents in writing as may be necessary or desirable for such purposes.