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Introduction The benefits of the utilization of the construction contracts include, the requirements of the agreement while performing home building, the contract paper preserves the rights of the contractor or builders, superintendent, principles and the other involved parties. In accordance with the Crown Build project case study, the building construction is located in the NSW area and it is going to be a four storey building with the fixed amount of AUD28 million and within a fixed timeline as mentioned in the contractual document of this building project and the contract has been signed under AS4000-1997 regulation. But in the middle of the project development, it has been detected that the beam size is incorrect and the contractor has provided notice to the principal and superintendent of the project. The superintendent has corrected the drawing with correct beam size and instructed to eradicate the implemented wrong beams. Now gradually the quantity of the handrails has increased with labour const and delivery delay. Now, the contractor can apply for different progress claims under different clauses. Task 1 The Australian building industry mainly follows the laws and regulations of ABIC or Australian Building Industry contracts, HIA or housing Industry of Australia and the government contracts. Each of the construction projects in Australia follows jurisdictions of Building and Construction Industry Security of Payment Act 1999 (NSW), Home Building Act 1989 that mainly focuses on the building activities of the NSW Area. For the residential building construction in the NSW area under Schedule 1 of Home Building ACT 1989 refers that the roof plumbing and Specialist work will be done in relation with dwelling. Governing law Clauses refers to the transactions between the parties that are mainly operated in the territories and the states and the parties generally maintain and follow the legislation attributes of Competition and Consumer Act 2010 (Cth) and the payment security legislation (Wang and Burdon, 2021). According to the considered mandatory of the general guidelines of the construction projects, the scope, timeline and the allocation of roles and responsibilities will be mentioned (Appendix 3) The payment schedule along with the provisional sum and the contract sum will be written and also the dispute resolution, relief damage, limitation clauses and available reliefs are also mentioned in the construction contracts. The general principles of the construction contracts uses different objectives such as the type of work
4 (commercial, design, residential), size and value of the contract, legislative requirements for state and the mention of the parties who are administering the contract paper such as architect, contractor, superintendent and the principles. In accordance with the Australian Standards (AS) there are different general conditions that are prepared by Standards Australian Committee. The general principles of construction contract laws are described here-AS 4000-1997: This contract is signed for the construction delivery purpose and is known as “general conditions of a contract”. AS 4901-1998: it is mainly as a sub-contract and it is used with the AS4000 principles. AS 4902-2000: this is mainly built for the construction delivery and design purpose and it is a variant of AS4000. AS4905-2002 is signed for the minor contract conditions and it is administered by the Superintendent. Thus, it is clear that the selection of the contract depends on the different circumstances but there is some general reflection- The amendments or the body of the contract, instruments of the contract or agreement that are written formally, and the annexure parts. Some basic features of AS4000 are- the contractor of a construction project is required to m\execute the completion of the construction project within a fixed timeline and at a lump sum price. It is important to sign the agreement with the clearly mentioned date of completion of the construction contracts, if the extension of time is required, and the contractor will have to provide a ‘qualifying cause of delay’ (Swift, 2019). The case study deals with the construction project of Crown build that is facing structural difficulties due to the proposed wrong beam size and this dispute can be resolved by the AS4000-1997 contractual agreement with the proper utilization of the clauses. The advantages of using the standards forms of the Australian contracts are- it can reduce the total cost, the scope of negotiation can be avoided with the signing of document and thus influences the speediness of the process, However, in the agreement, the rights of the both of the parties, the proper mentioning of the conditions of the contract, expected date of project completion, the date of work commencement and the other terms and conditions related to the construction project are clearly mentioned in the construction contracts. The benefits of the utilization of the construction contracts include, the requirements of the agreement while performing home building, the contract paper preserves the rights of the contractor or builders, superintendent, principles and the other involved parties. The construction contracts help to lay out the planning and conditions of the owner very clearly. It also ensures that the owner of the building and the contractor are performing together in order to achieve a
5 common target, The clear guidelines of the contracts helps to perform a better construction performance and the associate legislations add value to the protection of the builders and traders (Jones, 2021). In addition to that the changes can be possible if there is any evidential defect or damage or complaint occurs during the process.
Task 2 According to the case study of the Crown Build, the construction of the four storey building under Crown Build developer is facing structural deficiencies as the superintendent of the project has proposed wrong size of beams in the design paper. This issue has been resolved as the contractor has informed the superintendent and the superintendent has issued a new design with the correct size of the beams. Moreover, the superintendent has informed us to remove the used beams and replace them with the correct beams (Appendix 2). Now this situation has increased the amount of the stair handrails and thus it is enhancing the cost and the time period. In this case, the contractor will apply for the provision of the compensation rate from the superintendent as the dispute occurs due to the provision of incorrect information by the Superintendent. This is a communication problem in the construction management project. The construction project of the Crown Build has been made according to the law of AS 4000- 1997 thus it includes a fixed timeframe and fixed allocated cost. For the Crown Build project the time frame is 24 months and the allocated cost is AUD 28 million. But as the changes have been done in the building design along with the beam sizes, there is a qualifying cause of extension of the time period. Thus the contractor can apply for the delay delivery of the project and delay cost under the AS4000-1997 legislations (EL GEZERY, 2018). The contractor can apply for the EOT or the delay cost under AS4000 policy as the issue has been caused by the omission of the Superintendent. In this regard, the qualifying cause of delay compensable cause, 8.1 can be claimed for achieving the incurred cost due to the quantity enhancement of the stair handrails, labour cost and beam removal cost. Under clause number 25.3, the delay cost of the construction of Crown Build project involves the labour cost. In addition to that the clause number 11.2 is also applicable in this regard as the changes have been made and thus the costing structure is changing. The constructor can use the clause in order to include the additional expenses with the lump sum cost of the project. EOT can be applied in this case as there is a qualifying cause of delay as the mistake
6 has been done by the superintendent and the contractor can apply for achieving a relief. It cannot be ignored that the principal of the project has also omitted the mistake made by the superintendent in the beam size (Rıgga, 2019). In accordance with 34.2 clause number, the contractor of Crown build has already sent a notice to the superintendent and the principal to apply for EOT. This EOC will be received within 28 days after the claim has been done and the delay cost has a qualifying cause of delay under clause number Qualifying cause of delay, CC, 8.1. Task 3 According to the policies of AS4000, the contractor of Crown Build can claim for the expansion of the time frame in order to carry out WUC and the contractor needs to prepare a qualifying cause of delay statement with evidential attributes. There are fundamentally two types of qualifying cause of delay- i) it is applicable when any omission or mistake is made by the superintendent of a building construction project and ii) it is applicable when the mistake or default is made by the contractor of a building construction project or due to industrial and weather conditions (Van Der Westhuizen and Evans, 2019). In the case of the Crown Build project, the mistake has been performed by the superintendent of the building construction as in the initial design the superintendent has proposed an incorrect beam size which is shorter than the required beams. The Item number 23 can identify another factor about the qualifying cause of delay as it measures if the EOT is not grantable in this situation. After that the extension delay will be transformed into the calendar and the business days. Under clause number 34.2, the contractor will be liable to submit the delay notice and in this case the contractor of Crown Build has to submit proper documentation with the evidence of the beam fault to the superintendent of the building project and the principal (RUGINĂ, 2021). This documentation will include the cause of delay and the estimated delivery date of the project. In this regard it can be considered that claiming of EOC notice and delay notice are different notices issued by the contractor. The provision of EOC notice comes under clause number 34.2 and the delay notice provision comes under clause number 34.3. In accordance with the regulation of clause number 34.3, the contractor of Crown Build has to provide evidence regarding the fault in the beam size, responsible person and the extended timeline in the notice of the EOT. The process of claiming for EOT under AS4000 includes the submission and accessing of notice of delay with the evidences for ‘qualifying cause of delay’ under the clause number
7 34.2, provision of delay notice, EOT claiming notice under the clause number 34.3, delay damage claim as stated in the clause number 34.9 and 41.1 and the final assessment under the clause number 34.4 (Appendix 1). The dispute in the construction building project will come under 42.1 and the progress claim will be done as an activity of the payment security policy according to clause number 37.1 (Montalbán-Domingo et al. 2019). However, demonstration of the delay will be properly reported in the EOC notice. In accordance with the policies, the superintendent of the Crown Build project has taken mitigation steps in order to resolve the issue of the incorrect beam size. For taking effective steps, the superintendent has designed a new building drawing with correct beam size and instructed to remove the wrong beams that are already implemented in the building. However, clause number 34.9 is identifying the compensable cause under AS4000-1997. Due to the omission and the defaulted act of the superintendent, the clause number 1.1 stated that it is a subject of compensable cause. The item number 26 (Annexure Part A) can detect the other qualifying causes of damage delay and it also can be ‘Nil’ but the ‘Nil ‘refers that there is no additional cost found in the case. The quantum inclusion and the basics of claim need to be considered while preparing the notice for the damage delay claims. The contractor has to submit and keep updating the prepared claim as evidencing aspects for the delay. The clause number 34.4 includes both the non-qualifying and qualifying delay causes in the cases of the overlapped situation. In this case, it can be considered the prevention steps will be evaluated by the contractor to measure if the objectives are affecting his attributes or not. Moreover, according to clause number 42.1, the contractor can also provide a dispute notice if he found any disagreement with the proposal of the superintendent’s instruction (Adzoyi and Nani, 2021). The contractor can also involve incurred cost that has been increased due to the replacement of the shorter size beams, labour cost and the increased quantity of the handrails. These inclusions of the cost will be done under clause number 36.2. Task 4 There are fundamentally two reasons for claiming cost. Firstly, the incorrect beam size has extended the delivery date of the building construction and on the other hand the labour cost associated with the extension of the project and the removal and implementation of the newly proposed correct beams. These types of costs are regarded as the “global cost claim”. In this
8 regard the superintendent will be considered as a liable person to provide the compensation cost to the constructor or the builder. The clause number 36.2 indicates that the incurred cost structure can be claimed by Crown Build as the variation has occurred in the contractual cost structure. The cost claim will be made as the superintendent has made a mistake in the building drawing with incorrect beam size. In order to respond to the cost variation, the contractor will provide the incurred cost quotation and this quotation needs to be verified and sanctified by the superintendent as a sign of approval. This cost structure will include the additional cost of the raw materials, labour cost and the extension period cost. It will be called ‘cost plus agreement’. In accordance with the policies, the superintendent of the Crown Build project has taken mitigation steps in order to resolve the issue of the incorrect beam size. For taking effective steps, the superintendent has designed a new building drawing with correct beam size and instructed to remove the wrong beams that are already implemented in the building. However, clause number 34.9 is identifying the compensable cause under AS4000-1997 (Klee, 2018). Due to the omission and the defaulted act of thesuperintendent, the clause number 1.1 stated that it is a subject of compensable cause. According to clause 26, the expense claim will involve the additional cost with the lump sum cost in the contract. In addition to that the clause number 25.6 will be applicable as it indicates the delay labour cost that is a delay damage expense. The clause number 11.2 needs to be applied as there is a verified costing structure in the construction of the Crown build project. The clause number 26 will also include the additional costs with the main costing structure. Now the additional cost includes the labour cost, implemented beam removal cost, extension cost and the quantity increment cost of the handrails (Hastie, Sutrisna and Egbu, 2017). The value of the raw materials will be added in the additional cost structure according to the law of AS4000. Conclusion As the Crown Build project has been signed under the law AS 4000-1997, the financial and delay dispute will come under different clauses. The provision of EOC notice comes under clause number 34.2 and the delay notice provision comes under clause number 34.3. In addition to that the clause number 25.6 will be applicable as it indicates the delay labour cost that is a delay damage expense. Under clause number 25.3, the delay cost of the construction of Crown Build project involves the labour cost. In addition to that the clause number 11.2 is also applicable in this regard as the changes have been made in the cost structure.
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Introduction In context of the marketing practices implemented in the operation domain of airline businesses, this essay is making an insight into the role of sponsorship in case of the Emirates Airline (EA). The basic concentration of this paper is to understand the role of sponsorship in terms of operations in airlines as well as related airports. The idea is to explore and comprehend the factors of sponsorship that are responsible to paving the road of success for an organisation. The case of Emirates Airline (EA) has been selected for the critical analysis of the success attained by the selected company in aviation marketing.
The Case The ownership of Emirates Airline (EA) is in the hands of the Corporate Investors working under the Government of Dubai, UAE. The official declaration of Emirates Airline (EA) in their Annual Report of 2015 declares that it has been recognised as the largest airline organisation in the entire Middle East, with an operating expansion of 3,300 flights/week from Dubai International Airport. These flights are to 78 nations spread all over the world (Emirates Airline, 2015). As reported by Frontier Economics (2015) since 2014, the flights of Emirates Airline (EA) are increased by 29 airports in selected 28 cities of EU28. This operation comprises of 700 flights operating per week in both the back and forth directions. The success story of Emirates Airline (EA) in Europe appears very important in terms of gaining developed route network, which is responsible for connecting many cities of the world through Emirates Airline hub in Dubai.
Background In the words of the official declarations made by the The Emirates Group, the history of Emirates comprises ‘incredible development’ and is ‘fascinating. The Emirates (2015, a) refers the history of Emirates Airline (EA) back to 1980s. during the mid of this decade, the Gulf Air started cutting back most of its services to channelised to Dubai. It is at this position, that Emirates came into being in the month of March of 1985, that specifically was supported and backed up by the royal family of Dubai. The collaboration was initiated with Pakistan International Airlines offering a minimal of two airline aircrafts at wetlease. In order to gain
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independent operative hold, the government subsidies were considered along with $10 million as the capital investment. These developments were initiated by Ahmed bin Saeed Al Maktoum as the head and the current Chairperson of Emirates Airline (EA). Emirates (2015) states that it hardly took any time for Emirates Airline (EA) to expand its destinations and fleet. As such by October of the year 2008, Emirates made a huge shift of all its aviation operations to the Terminal 3 of Dubai International Airport. The plans for its rapid expansions and growth are still part of its success story and sustainability in the competitive sky seems like a simple strategy to it.
The Success Story Emirates (2015) depicts the trend of gaining regular success of Emirates against the continuous regional instability and international economic volatility, as not miraculous, but strategically well equipped. This report added the key combination of having the business wisdom, along with savvy insight into the investment plans and perfect practical ambition. As Emirates celebrates, the 25 th anniversary in the year 2015, the organisation marks its remarkable sustainability and extensive growth with appropriate respect and recognition in the international market. A critically investigated report by Mnisri (2010) notes that the secret of success of Emirates is in its strong hold over the marketing strategy that emphasises in terms of creating strong image of the brand and necessary awareness to be created worldwide. The report of Mnisri (2010) adds that the role of the sponsors are very inevitable in creating this success story. The management of sponsors sports clubs, as well as events in the UAE and various esteem locations noted worldwide are the base for generating absolute marketing strategy for the organisation. To this venture Emirates (2015 a) refers to the continuous explosive growth of the organisation with continuous strive to offer best service to its consumers in the aviation industry. The recent growth plan of Emirates Airline (EA) comprises of – Award winning cargo division in the international business periphery, Management of full-fledged destination, as well as leisure division, & IT developer for the Airline on an exclusive basis.
Role of Sponsorship: EA The role of sponsorship initiated by any business is very significant and powerful in terms of introducing its products, services or even itself a new market. The success story and the extensive participation of Emirates Airline in sponsoring various events, especially those related to sports, exemplifies the significance of sponsorship as an effective marketing tool for creating brand image and awareness at large. In reference to the act of ‘extending brand reach’, the Annual Report 2014 of Emirates Airline states, “Our sponsorships are one of the most visible ways in which we connect people with their passions”.
(Emirates Group, 2014, p. 11)
This is a declaration that confirms that Emirates Airline considered those elements for sponsoring that are closely related to human passion, and its sports. The report adds that Emirates in the current scenario is noted as one of the most popular brands that are involved in sponsoring top level events of sports. Its partnership with selected football clubs in the world, international meets in cricket, Formula 1, and other sports like golf, rugby, horseracing, tennis, and Cup sailing of America, has actually successfully created the essence of omnipresence of Emirates on a worldwide basis. The annual report of 2013-14, states that a total of AED 850m has been already invested over the overall dnata business within the FY of 2013-14, with the establishment of a new record that added the extra edge of being recognised easily, for the airline division.
Sponsorship & Marketing The interrelationship between sponsorship and marketing is related to the process of gaining credible publicity in the market. These aspects are definitely interrelated, yet there is the need to understand the distinction of publicity that is cost-effectives against the advertisement ((McChesney, 2008). Though both are tools of marketing, yet the sponsorship appears most effective and lays serious impact of the brand image on the consumers as a whole. The selection of sponsorship as a marketing tool by Emirates Airline has added enough essence credibility to its brand awareness ventures, worldwide.
Analytical research led by Reed (2013) appreciates the sponsorship activities of Emirates Airline in the sports related activities and various international sports events. However, there is also the reference made towards the least possible participation of Emirates Airline in the networking of the social media. The entire approach of Emirates Airline is in meeting the mass population on a wide ranged spectrum rather than meeting them individually through social media. Moreover, it is important to note that the less participation of Emirates Airline in social media actually creates the image of being on hoardings for a positive cause rather than being restricted to the PCs (McChesney, 2008).
Sports Sponsorship The approach of considering sports sponsorship in the marketing domain, aims in meeting wide ranged audience in an international ground. As noted by ACL (2011), the selection of sports sponsorship by Emirates Airline is part of its strategic marketing, whereby the organisation successful in getting the ideological image for its brand, on a wider scale. As identified by Aaker and Erich (2000), on a global basis sports sponsorship appears more effective than any other marketing tool as it is strong in creating the higher competitive margin for the competitors. Nataraja and Al-Aali (2011) confirms this theoretical declaration of Aaker and Erich as effective in reference to Emirates Airline. For Emirates Airline, this margin has been achieved through its promotional mix of meeting targeted consumers and at the same time in terms of creating brand image widely. It’s role of sponsoring in various environmental activities and community services has actually made Emirates Airline one of the most popular organisations in the world. However, Nataraja and Al-Aali (2011) still emphasise that the omnipresent and strong brand image of Emirates Airline has been established mainly through sports sponsorship, along with its equal conscious about the comfort and profit of its employees as well as stakeholders in international business arena.
EA Aviation Marketing The marketing sponsorship of the aviation business in sports domain by Emirates Airline has been identified in diversified events. According to the list enlisted by Wilson (2015) sports sponsorships led by that Emirates as an organisation stands immense. Sponsorship of
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Emirates Airline is distinct in football as they were involved in World Cup, Arsenal in EPL, Real Madrid in La Liga, Paris St Germain in Ligue Une, AC Milan in Series A, Humburger FC in Bundesliga, and even Olympiacos in Super League. Banners and hoardings of Emirates Airline are also very distinct in the Saudi League, in Asian Football Confederation, and New York Cosmos. Sponsoring popular games like rugby in USA Rugby, Emirates offered stylish eye-catching helmets and pads to the players. ATP World Tour, followed by US Open, World Rankings, Rogers Cup and BNP Paribas Cup, are the tennis game series that are also sponsored prominently by Emirates Airline. The marketing impression established by Emirates Airline is also very tactful. As for instance, the relaxed, comfortable and luxurious first class leather seats in the US open are the keys to make the spectator feel that the similar comfort will also be made available in the Airline services. Following the same thread, while sponsoring F1, the Emirates Airline even created a specialised TV channel dedicated to F1 extensively. Innovation and creativity are thus integral to the marketing of aviation business for Emirates Aviation. These are also seen in the sponsorship activities with sports like horse racing, as in the Melbourne Cup; 18 events as the Ryder Cup in Golf; being part of rugby union through the means of sponsoring the IPL, official ICC match, as ICC World Cup as well as Twenty20 World Cup. Marketing Strategies By the implementation of right marketing strategies, by 2018, Emirates Airline has planned to have more than 320 aircrafts and more than a count of 400 aircrafts by 2020. Considering the growth rates of Emirates Airline these assessments appears very practical.
The success story of Emirates Airline is not limited to mere publicity. The activities of publicity and advertisements through sponsorship are the means to show the world that the EA is very active and strong in meeting all those rules that can add authenticity and credibility to its services. As for instance, EA is very particular in supporting the IATA (International Air Transport Association) norms, like (Emirates, 2012)- investment make for the use of improved technology in airlines and airports effective means of managing operations at fleet & airports maintenance of efficient and hi-tech infrastructure for convenience approval of positive measures for economic development These are grass root strategic implementations that make the entire programme of sponsorship, a success without any major challenge. The keys of managing strategies for successful sponsorships are all based on the practical declarations and operational management of EA in the international market of aviation.
First Key: The very basic step is to have comprehensive and clear communicational objectives, initiated by the organisation for respective brand. For EA, this is done through the collaboration of responsive communication facilities maintained with the consumers. EA is very particular about its visibility by appearing in various popular sports event, worldwide. Its brand awareness and developmental associations with community services, says it all (Nataraja and Al-Aali (2011). Second Key: The second key is to remain proactive. The proactive initiation of EA is managing sponsorship has been well acclaimed already as the company selected the domain of sports to reach the ‘inner passion’ and every corner of human society through international
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display of its participations (Emirates Group, 2014, p. 11). Considering sports as the ground for developing sponsorship makes EA a common and popular brand, globally. Third Key: The third key is to identify the gap to ‘fit in’ exceptionally. As marked by Aaker and Erich (2000), the process of fitting exceptionally between a particular event and the respective brand is though dicey, yet can offer instant success. EA is very bold and strong in taking this initiation. Even after being a brand from aviation industry, its presence in different kinds of sports events created room for its awareness among global population. It appears strange, yet amazing the way Emirates gained hold over the act of ‘fitting in exceptionally’. Fourth Key: The fourth key refers to own sponsorships, and for EA the huge back up is Emirates Group itself. The logo in general is strong enough to offer an incorporated banner to EA. Fifth Key: The 5 th phase refers to the act of being analytical to the publicity opportunities. It is here that EA refuse to remain active in the social media networking and concentrate more in international sports events (Reed, 2013). The motive is simple. EA through Emirates, just wanted to gain extensive recognition in public rather than meeting people individually on personal grounds. The approach is open and popular. Sixth Key: Sixth key is that of payoffs multiple sponsorship, which is very systematically managed by the Emirates group. The financial security and meeting the challenges of economic risks, are considered as a family matter by Emirates group and this EA gains the opportunity to maintain payoffs through multiple sponsorship. Seventh Key: The last key is to manage sponsorship actively and that is definitely gained by the inhouse management services of Emirates Group. However, apart from these key strategies, whereby Emirates Airline is much supported by Emirates Group; there are individual initiations noted for gaining exclusive dominance over the market and laying serious impact on the consumers. These keys are operational management leadership and necessary alliances, wherever needed.
Management Leadership The tactics and approaches of leadership for the attainment of a successful business have attained innumerable definitions. According to Bass, the aspects of organisational leadership in terms of accomplishing management practices needs to get structured in the form of “an
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interaction between two or more members of a group that often involves a structuring or restructuring of the situation and the perceptions and expectations of group members” (1990, p. 19). Under the pressure of cross cultural management structures, there is the need to consider an admixture of transformational attributes, sharing of power as well as authority and responding to every issue in accordance to the current situation. In reference to Emirates Airline, the core consideration is for phenomenal growth that is made possible by the typically structured strong and very stable traits of leadership. As identified by Mnisri (2010) the key note to the trend of gaining success for Emirates is its capability to manage a stable continuity of the team of management. With a combination and team work of talented and experienced executives, Emirates Airline is very successful in gaining mutual management approaches in all its branches spread all over the world. Under the efficient guidelines of the CEO, Sheik Ahmed Bin Saeed Al‑Maktoum, the leadership of Emirates Airline is open to transformational, power-sharing, and situational combination of management structure. As for instance, Emirate Airline in Dubai gets transformed into more contemporary style in European nations. Being the fastest developing intercontinental carrier, the management of EA is flexible enough in considering the cultural differences of all the six continents, yet adding the developmental growth and sustainable services to the consumers. Allied Sponsorship It is the leadership trait of EA under the formulation of combining transformational, power- sharing, and situational approaches that the company is successful enough in establishing its allied sponsorships with much ease. The reports of Repucom (2015) declares that Emirates is very specific in selecting its sponsorship partner and it is this keenness and preciseness that the company earns a lot in gaining brand awareness in respective nations. As for instance, Repucom states that in the Arsenal FC, Emirates chose to be with Arsenal and this dual sponsorship appeared very beneficial to the company. The following graph shows the success rate in this matter –
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