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HomeMy Public PortalAbout034-2018 - Bonsai Design - LandscapingJ� jt fj hK V IF-V Wit r ZOU -7-4F,=- 3E---' X S3 IL:Z-X Date: March 19, 2018 P.O. Box l 152 Richmond, IN 47375 Ph. 765-962.3220 Fax 765-962-8662 You are hereby authorized to post for us as follows; Richmond Parks Department "Advertiser" City or Town Allotment Display to Start Term of Contract Cost per Month Richmond, IN 1 Illuminated April 5, 2018 3 Months $411.00 Richmond, IN 1 Illuminated May 15,,2018 1 Month $g11.00 Richmond, IN 1 Illuminated ,tune 15,201$ 7 Months N/C* Total Space Cost, $1,644.00 SPECIAL INSTRUCTIONS: : Plus costost of posters $320 and shipping $21 = $341.00 �t-- 6� ' ' Non-profit Policy \ 1.0 Relationship of Parties in Agency Contracts 11 Agency represents that it has the authority to act and is acting as an agent for a disclosed principal, the advertiser named above ("Advertiser") (a) If Agency has signed, Agency will be. liable for the payment of sums due hereunder and Porter Advertising, € LC ("Porter Advertfsing") will look solely to Agency for the payment thereof, .unless and until Agency becomes delinquent in Its payments to Porter Advertising or insolvent, at which Wile, without relieving the Agency of liability until Porter Advertising is paid in full, Advertiser will be liable jointly and severally to Porter Advertising o« all unpaid bills. (b) Nothing herein contained relating to the payment of billings by Agency vAll be construed so as to relieve Advertiser of, or diminish Advertiser's habilityfor, breach of its obligations hereunder. (c) This contract is non -cancellable by Agency/Advertiser. 2.0 Advertising Materials 2.1 All advertising materials to be displayed ("Content") on the billboard(s) ("Billboard") shall at all times meet the specifications of Porter Advertising ("Specifications") and shall comply with all applicable laws. All Content and materials furnished by Agency/Advertiser to Porter Advertising (I) shall not be contrary to the public interest; (5) shall conform to the Porter Advertising's standards; and (ill) are subject to Porter Advertising's prior approval and continuing right to rejector cause Agency/Advertiser to edit the Content. If the content does not comply with any of the foregoing, Porter Advertising may, in its sole discretion: (I) install the Content (ii) display substitute content of any type and install the Content aca later date if and when delivered by Agency/Advertiser to Porter Advertising in conformity with the Specifications or (ill) terminate this contract If this contract is terminated by Porter Advertising, Agency/Advertiser will pay to Porter Advertising an amount equal to 50% of the Total Invoice Amount shown an the face of this contract as liquidated damages therefore. 2.2 .Agency/Advertiser shall, at its sole cost and expense, produce and deliver sufflcient quantity of posters to meet the needs of the space contracted, If posters are delivered in a timely manner, the posting will be completed no later - than five (S) working days after the scheduled posting date, The Agency/Advertiser will have thirty (30) days of display time from the average date of posting completion. If the Agency/Advertiser does not deliver the posters in a timely manner, Porter Advertising reserves the right to maintain the original conhact ending date, even if the display time is less than thirty (30) days. Tile Agency/Advertiser has the option to retain locations if tite contract is renewed thirty (30) days prior to the expiration date. ; Intials "— Page 1 of 2 2.3 Agency/Advertiser warrants that all approved designs do net infringe upon any n-ademark or copyright, state or federal, ,agency/Advertiser agrees to defend, indemnify and hold Porter Advertising harmless from any and all loss, liability, claims, and demands, including attorney's fees arising out of the c<raracter Contents -or subject matter of any copy displayed pursuant to this contract. 2.4 Agency; Advertisergiants permission to allow Parter Advertising, LLC to utilize photographs of the billboard copy on Porter Advertising's social media channels and website. 3.0 General 3.1 Ternis of Payment Agency/Advertiser shalt make payments to Porter Advertising on or before the expiration of each monthly period. if Agency/Advertiser fails to make any payment within thirty (30) days when due, Advertiser/Agency shall pay interest at the rate of 13% per month. In addition, Agency/Advertiser shall pay Porter Advertising's collection costs, including reasonable attorney's fees, caused by Agency/;advertisers failure to make timely payments or other breach of this contract. 3.2 Compliance (a) Potter Advertising's obligations hereunder are subject to and subordinate to.the terms and conditions of any I applicable ground lease for billboards and other agreements licenses, and permits held by it and to applicable I federal, state and local laws and/or regulations. (b) All Content, advertising material, art or copy furnished by Agency or advertiser hereunder will at all times comply 1 with all applicable federal, state and local laws and regulations (c) This Agreement shall be governed and interpreted in accordance with federal, state and local laws 3.3 Entire Agreement This contract contains the full and complete understanding of the parties and supersedes any previous agreements, promises, or understandings with respect thereto. Failure of either party to enforce any of the provisions hereof will not be construed as general relinquishment or waiver of that or any other provision. 3.4 Amendment (a) This contract shall riot be amended or modified except by means of a written instrument signed by Agency/advertiser and Porter Advertising. (b) This Agreement may not be assigned by either party without the written consent of the other. 3.5 Arbitration Any and all controversies or claims arising out of or relating to the interpretation or performance of the Agreement shall be decided by binding arbitiation in accordance with the then rules of the American Arbitration Association, ,arbitration shall take place in the county in which the contract covers. 3.6 Partial invalidity Y all or any part of this Agreement is held C invalid • unenforceable, all of the other provisions of this Agreement shall nevertheless continue ' full force d effect. Agency/Advertiser hereby contracts for e a ertising services upon the terms set forth above. Accepted: PORTER ADVERTISiN lntials Richmond Parks Department Advertiser X A ' , /cl� Company Repre, tiva Titre st, Print Name Page 2 of 2