HomeMy Public PortalAbout057-2018 - Porter Advertising - Illuminated signsP,O. Box 1152 Richmond, N 47375
Pit. 765-962-3220 Fax 765-962-8662
You are hereby authorized to post for us as follows-,
City or Town
Richmond, IN
Richmond, IN
Richmond, IN
V. Lo
Date: March 19, 2018
Richmond Parks Department
"Advertiser"
Terra of
Cost per
Allotment
Display to Start
Contract
Month
1 Illuminated
April 5, 2018
3 Months
$411.00
1 Illuminated
May 1.5,,2018
1 Month
' $411 00
1 Illuminated
June 15,2018
2 Months
N/>;
Total Space Cost:
31,644.00
SPECIAL INSTRUCTIONS: (,
Plus cost of posters $320 and shipping $21 = $341.00
Non-profit Policy��'Y'
1.0 Relationship of Parties in Agency Contracts
11 Agency represents that it has die 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, LLC
("Porter Advertfsing"3 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 time, without relieving the Agency of
liability until Porter Advertising is paid in full. Advertiser will be liable jointly and severally to Porter Advertising on
all unpaid bills.
(b) Nothing herein contained relating to the payment of billings by Agency wall be construed so as to relieve
Advertiser of, or diminish Advertiser's liability for, breach of its abligadons hereunder.
(c) This contract is non -cancellable by Agency/Advertiser.
2.0 Advertising Materials
2.1 All advertising materials to be displayed ("Content") on Cite billboard(s) ("Billboard") shalt 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: (H)
shall conform to the Porter Advertising's standards; and (iii) are subject to P6cter Advertising's prior approval and
continuing right to reject or cause Agency/Advertiser to edit the Content. If the content does not comply with any of
the foregoing, Porter Advertising may, in its sale discretion: (i) install tine Caatent (ii) display substitute content of any
type and install the Content at a later date if and when delivered by Agency/Advertiser to Porter Advertising in
confarmihy with the Specifications or CHI) terminate this contract. If this constract 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 sufficient 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 (5) 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 contract ending elate, even if the display
time is less than thirty (30) days. The Agency/Advertiser has the opdon to retain locations if tine contract is renewed
thirty (30) days prior to the expiration date. ;
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2.3 Agency/Advertiser warrants that all approved designs do not infringe upon any trademark 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 attorneys fees arising out of the character contents -or subject matter of
any copy displayed pursuant to this contract.
2.4 Agency/Advertiser giants permission to allow Porter Advertising, LLC to utilize photographs of the billboard copy
on Porter Advertising's social media channels and website.
3.0 General
3.1 Terms of Payment
Agency/advertiser shall 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 1.5% per month. to 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) Porter Advertising's obligations hereunder are subject to and subordinate co.the terms and conditions of any i
applicable ground lease for billboards and other agreements, licenses, and permits held by it and to applicable
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 l
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 die 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 not 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 arbitration 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
If all or any part of this Agreement is held t nrvalid 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 ,
infials
Richmond Parks Department
Advertiser
Q_/,M
Company Repro live Title
Print Name
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