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USGA Ticket and Credential License Agreement

Effective: February 16, 2024

PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION CLAUSE AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED CHAMPIONSHIP EVENT FOR WHICH THE TICKET IS ISSUED.

The United States Golf Association (the “USGA”) has established the following terms and conditions under this Ticket/Credential License Agreement (this “Agreement”) for the use of “Ticket(s)” and “Credential(s)” for admission to USGA championships, matches or other golfing events hosted by the USGA (each a “Championship” or “Championships”) at the applicable host club. Championships shall include any additional day(s) of a Championship due to a postponement, play-off or other eventuality determined by the USGA. By using a Ticket and/or Credential, a ticket holder, on their own behalf and on behalf of any accompanying party or minor (each a together “Ticket Holder(s)”), agree to the terms and conditions of this Agreement.   This Agreement states the rights and responsibilities of each Ticket Holder and applies to the sale of all Tickets, including sales over the Internet. Additional copies of this Agreement may be obtained by calling (800) 698-0661 or by going to www.usga.org or www.usopen.com.

Please read this entire Agreement carefully. By accepting a Ticket or Credential, a Ticket Holder agrees that they have accepted each of the terms and conditions of this Agreement.

SEE BELOW FOR COVID-19 RELATED TERMS

1. Delivery of Tickets

(a) Tickets/Credentials will be delivered and made available either online, via mobile application, emailed to the designated email address(es), mailed to the designated mailing address, or made available for pick-up at the will-call office, as indicated at the time of purchase. Championships may have restricted delivery options, as well as delayed delivery windows. For example, Tickets or Credentials may not be delivered until 14 days prior to a Championship. USGA is not responsible for failure of delivery or any losses incurred as a result of a purchaser’s failure to provide an accurate mailing or email address.

(b) Ticket Holders are solely responsible for safeguarding all Tickets delivered to them. Tickets that are lost, stolen, forgotten, mutilated or destroyed will not be replaced. Tickets that are irretrievable or unreadable due to computer system, phone, hardware, software or program malfunction, or other errors in computer transmission or network connection that are human or technical in nature, or Tickets that are unreadable due to mutilation of any kind, will not be accepted for admission.

(c) Ticket Holders acknowledge and agree that they: (i) are responsible for any and all Tickets that they provide to any third party; and (ii) will notify any such third party of the existence and applicability of this Agreement and that they are bound by all of the terms and conditions of this Agreement. Any such third party receiving any Ticket or Tickets will be deemed to have accepted each of the terms and conditions contained in this Agreement.

2. Admission

(a) Every Ticket and Credential is a revocable license, which may be revoked without refund or other consideration, subjecting the Ticket Holder to removal from a Championship for: (i) failure to comply with any term of the Ticket/Credential and/or this Agreement; (ii) failure to obey any posted signs and/or instructions of any championship marshal, official or law enforcement officer; and/or (iii) acting in a dangerous or disorderly manner. The license granted by the Ticket may also be terminated by tendering to the Ticket Holder the purchase price of the Ticket.

(b) Each Ticket Holder is solely responsible for complying with the Championship Code of Conduct outlined below, as well as all other terms and conditions of this Agreement.

(c) Ticket Holder consents to exclusive jurisdiction and venue in Somerset County, New Jersey and to the exclusive applicability of New Jersey law to any dispute related to a Ticket or otherwise related to this Agreement.

(d) Anyone altering or reproducing a Ticket, or attempting to do so, in any manner whatsoever will be subject to civil and criminal liability. Resale or attempted resale of the Ticket at a price higher than face value of the Ticket is grounds for seizure or automatic cancellation without refund or other compensation. Ticket sales on or near the grounds associated with a Championship at any price are prohibited, subjecting such Tickets to revocation or cancellation. No Ticket may be used for or in advertising, promotions (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the USGA. Ticket Holders are admitted on the condition that they agree not to transmit or sell or aid in transmitting or selling any unauthorized description, account, picture or reproduction of any aspect of a Championship. In addition to all other rights and/or remedies available to the USGA, breach of the foregoing will automatically terminate all rights to the Ticket and/or access to a Championship without refund or other compensation.

(e) Each person, regardless of age, must have a Ticket or Credential for admission to a Championship.

(f) Tickets obtained from sources other than the USGA and/or its representatives, agents or authorized third parties, including, but not limited to, authorized auction sites or websites, may be lost, stolen or counterfeit, and in such cases where Tickets are lost, stolen or counterfeit, the Tickets will not be honored. In addition, Tickets obtained in contravention of the terms of the Ticket and/or this Agreement will not be honored. The USGA has no responsibility for Tickets purchased through an unauthorized source. Ticket Holders in possession of Tickets that have been reported as lost or stolen, are subject to removal from a Championship and may be referred to local authorities for investigation.

(g) The USGA and Championship host clubs reserve the right to (i) revoke any Ticket or Credential and cancel all privileges connected therein and (ii) take appropriate action against any individuals who are suspected to have fraudulently obtained Tickets or Credentials. Appropriate action may include, without limitation, Ticket/Credential revocation, ejection from a Championship, and legal action. Use of any Ticket or Credential in violation of any law is strictly prohibited and will result in seizure, revocation, and/or forfeiture of the Ticket/Credential and license without refund.

3. Accessibility for Ticket Holders with Disabilities

The USGA is committed to compliance with the letter and spirit of the Americans with Disabilities Act (ADA) and will take actions required under the ADA to provide access to a Championship for its Ticket Holders with disabilities, and are invited to contact the USGA at (800) 698-0661 or ticketquestions@usga.org with any requests they may have to provide or enhance such access.

Emotional support animals and pets are prohibited at any Championship.  Only trained service dogs, as defined by the ADA, and performing a task for a person with a disability are permitted on Championship grounds. A service dog must remain under the control of the Ticket Holder at all times. Ticket Holders with a service dog are responsible for cleaning up after their service dog and for their service dog’s behavior toward other fans and personnel at the Championship at all times.  Failure to do so may result in the service dog and/or Ticket Holder being removed from the Championship at the sole discretion of the USGA. The Ticket Holder is responsible for any and all acts of his/her service dog and any resulting claims which may arise relating to the service dog at the Championship.

4. Postponement and Cancellation Policy

(a) Dates and times of the Championship are subject to change at any time, either before or during a Championship. The USGA may, in its sole discretion, delay, postpone or cancel a Championship for any reason, including but not limited to weather conditions and safety-related issues. There will be no refunds, exchanges, rainchecks or replacements except as set forth herein.

(b) If fewer than five (5) cumulative hours of play are conducted during any day of a Championship (such day referred to as the “Affected Day”), then, if determined by the USGA in its sole discretion, that day’s Ticket may or may not be honored for a subsequent day(s) play or partially or fully refunded.

(c) If the USGA, in its sole discretion, elects to honor a Ticket for an Affected Day on a later day(s), unless otherwise determined by the USGA, Gallery tickets, Trophy Club, or other similar tickets, and any hospitality tickets (including Corporate Hospitality tickets) for such Affected Day shall be allowed access only to the championship grounds on the subsequent day(s) and not the Trophy Club, or similar specified area, or any hospitality facility (including Corporate Hospitality facilities), as the case may be. If the USGA has decided to honor a Ticket for future day(s), and such Ticket is scanned for a future day, such Ticket shall be invalid for any other day regardless of the amount of play conducted on such day.

(d) If the USGA, in its sole discretion, elects to provide a full or partial refund for any Ticket for an Affected Day, the USGA will issue such refund only upon receipt of a request within a reasonable period of time after the conclusion of a Championship and in accordance with refund procedures established by the USGA, in its sole discretion. Refunds will be issued only to the original ticket buyer who purchased the ticket directly from the USGA and refund amount will be prorated for any Tickets purchased as part of a Ticket package.

(e) Information regarding the USGA’s decision to: (i) honor a Ticket for an Affected Day on a subsequent day; (ii) provide a full or partial refund for a Ticket for an Affected Day; and (iii) if applicable, the refund procedure, including form, proof of purchase requirement and deadline for receipt of written requests, will be posted on USGA’s websites: www.usga.org and/or www.usopen.com.

(f) In the event the USGA determines in its sole discretion that it is unsafe or impracticable to allow some or all Ticket Holders to attend the Championship, or a national, state or local governing body requires or requests that some or all Ticket Holders to refrain from attending the Championship, the USGA shall have the right to revoke this Ticket. In such event, the Ticket Holder’s sole remedy shall be receipt of a refund for the purchase price of his/her Ticket.

(g) Ticket Holders acknowledge and agree that: (i) any and all decisions relating to a cancellation and/or postponement of a Championship and/or the revocation of a Ticket shall be made by the USGA in its sole discretion; and (ii) Ticket Holders shall adhere to such decisions.

5. Permission to Use Name, Image and Likeness

As a condition to receiving a Ticket or Credential and entry to a Championship, Ticket Holders (on their behalf and on behalf of any minors accompanying them to the Championship) grant permission to the USGA, the host club and/or their respective agents, rightsholders, assigns and/or grantees to utilize, exploit and/or reproduce in perpetuity via any means and media now known or hereafter developed, their name, image, likeness, voice and/or any other proprietary indicia recorded or captured in connection with the Championship, and waives any claim they may have related to any such usage, for any purposes, including related in any way to coverage or depiction of a Championship, without any compensation whatsoever.

6. Conduct

(a) Consent to Inspection:         For security or other purposes consistent with the license granted by the Ticket or Credential, Ticket Holders consent to the reasonable inspection of their person and property before entering and/or during a Championship. The USGA, in its sole discretion, reserves the right to refuse admission to a Championship or to eject anyone refusing to cooperate with such procedures or where a search produces contents or items deemed unlawful, dangerous or prohibited by the USGA. Prohibited or improperly used permitted items will be confiscated. Permitted items left unattended will be removed by security personnel for future pick-up. The USGA is not obligated to hold any item for a period of time longer than the end of play on the day the item was confiscated by the USGA, nor is the USGA liable for the value of any confiscated and/or unattended item. Any Ticket Holder refusing inspection or otherwise refusing to abide by the USGA’s rules and regulations may be denied entry to a Championship or may be removed from a Championship, all without a refund to such Ticket Holder. Any Ticket Holder found with illegal items may be referred to local authorities for investigation.

(b) Prohibited Items:        The following is a list of prohibited and restricted items and activities within a Championship: weapons (regardless of permit, including but not limited to firearms or knives); explosives and/or Fireworks of any kind; tablets and/or Computers (mobile devices smaller than 7" are permitted, subject to mobile device policy); drones; selfie sticks; cameras (point and shoot, film, or DSLR) or video cameras (other than Monday through Wednesday for personal use only); noise-producing devices (including portable speakers); backpacks, briefcases, purses and/or bags larger than 6" W x 6" H x 6" D in their natural state, note: Transparent/clear plastic hand and shoulder bags no larger than 12" W x 12" H x 6" D are permitted; signs, posters and/or banners; food and/or beverages except for medical or infant needs; water bottles (24-ounce size or less, no glass) are permitted provided they are empty; glass, coolers, aerosol cans and/or spray bottles except for medical or infant needs.

note: personal-care items (3-ounce size or less) are permitted; pets (other than service animals as defined by the ADA assisting disabled individuals); lawn chairs and/or oversized chairs (carrying cases are not permitted); ladders and/or step stools or other similar items; bicycles allowed inside admission areas or on the Championship grounds; other items or actions deemed unlawful, dangerous or disruptive by the USGA and/or Championship Security Personnel, in their sole discretion. The USGA reserves the right to amend the foregoing list at any time to provide a safe and secure experience at a Championship.

(c) Spectator Conduct Policy:  Spectators of USGA Championships, including player guests, player support and any other attendees, are expected to conduct themselves and interact with others in a respectful and courteous manner, with consideration for the physical and emotional well-being of others, and to treat all individuals with a sense of dignity and respect. Spectators are requested to obey all Championship policies including, but not limited to, those provided on any attendance Ticket or Credential, all posted signage, and any instructions from Championship marshals and officials, USGA staff and volunteers, and club staff and volunteers.

Spectators are prohibited from engaging in inappropriate behavior, (whether on or off the course) towards any players, caddies, marshals, officials, volunteers, fans, USGA or club staff or vendors, or championship guests. Misconduct may include, but is not limited to any illegal activity, intoxication, use of illegal substance, breaches of etiquette, disruptive behavior, damage to Championship facilities or equipment, physical abuse, emotional abuse, verbal abuse, harassment of any nature, threats, taunting, profanity, heckling, or any conduct that unfairly advantages or disadvantages players. Violation of this policy or any rule or instruction of Championship representatives or violation of this license is prohibited and shall be grounds for forfeiture of your Ticket or Credential without refund, and prohibition from attending future USGA Championships, as determined by USGA in its sole discretion. USGA expressly reserves all rights and available under its policies or under the law.

(d) Mobile Device Policy:           While staying in touch with family and friends and capturing your onsite experience is encouraged, use of a mobile device should not disrupt players or play during a Championship. Fans may carry mobile devices smaller than 7” in length and/or height. All volume controls must be set to ‘silent” or “vibrate” and flash photography should be disabled. Phones calls should be limited to designated “Fan Zones” only and not in any area that may disrupt play including grandstands.

Photography, video and audio recording are permitted throughout the course, but such content must not be used for commercial purposes. No live streaming or near-live streaming or shot-by-shot or hole-by-hole coverage (with or without) is permitted. Violation of the above policy may result in immediate expulsion and loss of ticket privileges for the remainder of a Championship.

(e) Autographs:      The USGA encourages fans to seek autographs but ask that you respect each player’s complete focus on preparing and playing in a Championship. Please refrain from seeking autographs from the time a player is en route to his or her first tee until the completion of the player’s round. Violation of this policy may result in expulsion and loss of Ticket privileges for the remainder of the Championship.

(f) Betting Policy: The USGA Championship Betting Policy prohibits betting-related misconduct in connection with any Championship. Covered Persons under the Policy include players, caddies, player affiliates (including, without limitation, family members, spouses, partners, agents, managers, instructors, trainers, or other persons who receive USGA Championship credentials at a player’s request), marshals, officials, competition personnel, and volunteers. Covered Persons are required to review and understand their obligations under the Policy, which is available at https://champ-admin.usga.org/player/articles/usga-championship-betting-policy. The collection and/or transmission of data or the recording of play (by mobile phone or otherwise) to facilitate betting, gambling, or commercial activities is strictly prohibited. Violators may be refused access to or removed from the venue.

7. Enforcement

Any violation of the Championship conduct rules, regulations or policies may result in immediate expulsion, confiscation of Ticket/Credential and loss of Ticket/Credential privileges for the remainder of a Championship without refund or other compensation.

In addition to the foregoing, the USGA reserves the right to refuse admission to or remove any Ticket Holder who: (i) fails to comply with the Championship Code of Conduct or any other policy related to attendance of the championship; (ii) is disruptive to a Championship or the enjoyment, comfort or safety of other spectators, as determined by the USGA in its sole discretion; or (iii) breaches any of the terms or conditions in this Agreement.

8. Disclaimer and Limitation of Liability and Scope of this Agreement

(a) Ticket Holder expressly assumes all risks incidental to and associated with attendance at a Championship. By virtue of Ticket Holders’ attendance at a Championship, Ticket Holders acknowledge that they understand all risks incidental to and associated with their attendance, including but not limited to being struck by a golf ball or golf club, and hereby waives, releases and discharges the USGA, the host club, any and all of their respective affiliated companies and vendors, participating players, and all employees, officers, directors, agents, representatives, and/or volunteers associated with a Championship (“Released Parties”), and agree to hold harmless the Released Parties, from any and all claims for damages for death, personal injury or property loss or damage including all costs and expenses, which result from Ticket Holders’ attendance at a Championship or participation in any related activities arranged, promoted and/or sponsored by the Released Parties, including, without limitation, those claims that arise as a result of the inherent risks associated with attending a Championship, including, without limitation, (i) all claims for personal injuries, wrongful death or exposure to or contraction of COVID-19 or other communicable disease by the Ticket Holder, any accompanying party, or other individuals exposed to COVID-19 by the Ticket Holder of accompanying party; (ii) all clams in connection with the application of any health and safety protocols to Ticket Holder or any accompanying party; and (iii) all claims in connection with any harm and/or injury suffered by a service dog while at the Championship.  This waiver, release and assumption of risk is binding on Ticket Holders’ heirs and assigns.

Ticket Holders further acknowledge and agree that they are familiar with and do hereby waive the provisions of Section 1542 of the California Civil Code (and similar provisions of other jurisdictions) which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

(b) Tickets to the Championship are sold by the USGA on an “AS IS” basis without warranties or representations of any kind, either express or implied, other than those warranties that are implied by and incapable of exclusion, restriction or modification under New Jersey law. IN NO EVENT WILL THE USGA OR ANY OTHER PERSON INVOLVED IN ANY WAY WITH THE USGA’S TICKETING PROGRAM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, CLAIMED BY ANY TICKET HOLDER IN CONNECTION WITH ANY OF THE MATTERS COVERED BY THIS AGREEMENT, whether for breach of contract, tortious behavior, negligence, or any other cause of action, other than the exclusive remedies expressly outlined in this Agreement.

(c) USGA is not responsible for any Tickets that are lost, stolen, forgotten, mutilated or destroyed, or Tickets that are irretrievable or unreadable due to computer system, phone, hardware, software or program malfunction, or other errors in computer transmission or network connection that are human or technical in nature.

(d) This Agreement together with the Ticket contains the entire agreement of the parties with respect to the matters outlined in this Agreement and supersedes all previous written or oral agreements or understandings between the parties with respect to such subject matter.

9. ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER; CHOICE OF LAW

Any claim, dispute, or cause of action arising related to this agreement, ticket, or Championship shall be resolved by mandatory, final, and binding arbitration, held before a neutral, single arbitrator by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, as modified herein. The place of arbitration shall be New Jersey and this Agreement shall be governed by the laws of New Jersey without giving effect to the conflict of laws principles thereof, provided, however, that if requested by the Ticket Holder, the arbitrator may schedule an in-person hearing in the Ticket Holder’s place of residence for convenience.  The content and existence of the arbitration shall be confidential and shall not be shared by any party with exception to the extent required by law. By agreeing to individual arbitration, you acknowledge that rights you would have in court will not be available or will be more limited in arbitration, including the right to appeal.

Each Party shall bear its own costs, expenses, and attorneys’ fees in connection with the arbitration. The prevailing party may recover reasonable costs and attorney's fees if awarded by the arbitrator.

Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the single selected arbitrator pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. If any provision or part of these terms is held to be illegal or unenforceable such provision or part thereof shall be modified to the least extent necessary to render such provision legal, enforceable, and effective, or, if no such modification is possible, such provision or part thereof shall be severable, such that any and all other provisions in and referenced in these terms remain valid and binding.

THE TICKET HOLDER, CHAMPIONSHIP HOST CLUB, AND USGA EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE TICKET HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE TICKET HOLDER MUST NOT PURCHASE A TICKET OR OBTAIN A CREDENTIAL OR ENTER THE CHAMPIONSHIP AND/OR MUST IMMEDIATELY LEAVE THE CHAMPIONSHIP.

In the event of a conflict between AXS and these terms and conditions, these terms and conditions will apply.

If it is determined that this Section 9 is not enforceable as to a particular claim or request for relief, then the parties agree that such particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims.

Notwithstanding the foregoing, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.

10. Changes to These Terms

The USGA reserves the right to change these terms and conditions at any time, and Ticket Holders consent to the USGA’s right to make unilateral changes to this Agreement, which shall be binding on any use of Tickets/Credentials after the date of any change. Any such changes shall appear in this Agreement and shall be effective upon the effective date posted above. By continuing to use our services, Tickets, or Credentials, you agree to accept any modified terms and conditions herein.

COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses

COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. TICKET HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF USGA AND THE HOST CLUB.

Ticket Holders, on their behalf and on behalf of any accompanying parties or minors, acknowledge and agree to comply with (1) all relevant policies and protocols issued by USGA and/or the owner/operator of the venue, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, which due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this ticket and the event date(s) of the Championship, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.  Ticket Holders acknowledge and understand that these requirements and other health & safety policies of USGA and/or the venue are subject to change and agrees to abide by whichever health & safety policies are in effect on the Championship event date(s).

ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES

Ticket Holders, on their behalf and on behalf of any accompanying parties or minors, acknowledge and expressly assume all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other communicable disease at the Championship and/or host club. By using this Ticket or Credential, Ticket Holder is acknowledging and confirming, both now and in the future, that Ticket Holder understands and expressly assumes the risk that Ticket Holder and any accompanying party may be exposed to COVID-19 or other communicable disease. Ticket Holder expressly understands that these risks include contracting COVID-19 or other communicable disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable disease. Ticket Holders further acknowledge and understand that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Ticket Holders or any accompanying party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other communicable disease are risks inherent in Ticket Holders’ decision to use this Ticket and/or Credential that cannot be eliminated.

Ticket Holder consents to health screenings and other precautions related to COVID-19 and other communicable disease that may be required as a condition for use of this Ticket and/or Credential, including all precautions required by the USGA and the host club while at the Championship and/or host club or surrounding grounds or parking areas, such as, but not limited to, distancing requirements and the wearing of masks in designated areas and/or designated times.