HomeMy WebLinkAboutContract 40491CITY SECRETARY
CONTRACT M0. i 04 q
LICENSE AGREEMENT
HIS AGREEMENT ("Agreement") is made and entered into this;LW day of
2010, by and between Ridglea Watch & Jewelry Repair, Inc. located at 6387 D
p Bowie Blvd., Fort Worth, Texas 76116, (hereinafter referred to as "User") and the
City of Fort Worth, Texas (hereinafter referred to as the "City"), a home -rule municipal
corporation situated in Tarrant, Denton, and Wise counties.
1.
Use of Official City Logo,
The City, for the good and valuable consideration of a user fee of two hundred dollars
($200), hereby grants a limited, non -transferable and non-exclusive license to User for
the use of the official City's logo as/for stainless steel watches with multi color faces, as
shown in Exhibit "A", pursuant to the terms and conditions contained herein.
User must first obtain express written consent from the City for any additional uses of the
City's logo.
2.
Specifications.
User acknowledges that by virtue of this Agreement, that User acquires only
the right to use the City logo and does not acquire any rights of ownership in
the licensed artwork, which rights shall remain exclusively with the City.
Furthermore, User agrees to use the City logo according to the following
specifications:
• Color: Consistently accurate color is achieved in print by using the
Pantone® Matching System or PMS. The words "Fort Worth" must be
printed in PMS 288 blue ink in Cheltenham font. The steer head must
be printed in PMS 725 brown ink. Printers must use these colors.
Vendors unable to use the PMS system must match the PMS colors as
closely as possible and receive approval prior to printing. The City
logo shall not be presented in orange or against an orange
background.
A one -color printing of the logo is permitted on single -color
publications. If material is printed in two or three colors that are not
the specified logo colors, the logo must appear in a single color,
preferably black.
• Size: User shall not redraw, typeset or otherwise electronically alter
the logo in any way. Enlarging or reducing the logo size must b 'done
proportionately. OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
06
-23-10 P03*53 IN
• Statement of Use: User shall include the following statement on all
products or product information if not feasible on the product and at all
times on products that are made with or on paper: "City of Fort Worth
logo used with permission."
• Logo: All uses of the logo shall be proximate to the words Fort Worth.
If User wishes to modify or change the artwork in any manner, User must
obtain the City's consent in writing prior to modifying or changing any
artwork and/or promotional materials.
3.
Term.
The term of this Agreement shall be for one (1) year from the time of full and
complete execution. Upon request by the User, the City Manager may renew the
Agreement for an additional one (1) year term.
4.
Termination.
Either party may terminate this Agreement without cause by providing thirty (30)
days written notice to the other. Termination for cause shall be effective
immediately (unless otherwise stated) upon receipt of such notice. Upon
termination, User shall have no claim to reimbursement of any cost or materials
User may have related to User's license to use the City logo.
5.
Copyright and Image Protection.
User, its respective designees or assignees, shall not use any designated
marks, logo or copyrights of the City or sell, transfer, or give any original
prints or reproductions for circulation and/or publication for use by a third
party. Nor shall User use such logo in any manner that reflects unfavorably
upon the good name, goodwill, reputation, or image of the City. User, its
respective designees or assignees, shall not use any designated marks or
copyrights, in any manner that would cause confusion in the public mind as to
the permitted use for which User has been granted such rights. None of the
designated marks or copyrights of the City shall be incorporated into a
common graphic or be associated with third parry trade names or marks,
except as agreed upon by the City. User, its respective designees or assignees,
may not use any of the designated marks or copyrights of the City or authorize
cnno6.ls.lOwatch 2 of 6
such use on any World Wide Web site or on any other on-line site, except as
specifically approved by the City.
6.
Federal Colyright Act.
User agrees to assume full responsibility for complying with all State and
Federal Copyright Laws and any other regulations, including, but not limited
to, the assumption of any and all responsibilities for paying royalties which
are due for the use of other third party copyrighted works by User. City
expressly assumes no obligations, implied or otherwise, regarding payment or
collection of any such fees or financial obligations. City specifically does not
authorize, permit, or condone the reproduction or use of copyrighted materials
by User without the appropriate licenses or permission being secured by User
in advance. User shall immediately cease and desist its use of the City logo
upon notice of any violation of State or Federal Copyright Laws and any other
regulation. IT IS FURTHER AGREED THAT USER SHALL
RELEASE, DEFEND, INDEMNIFY AND HOLD CITY HARMLESS
FOR ANY CLAIMS ARISING FROM NONPAYMENT TO
LICENSING AGENCIES OR DAMAGES ARISING OUT OF USER'S
INFRINGEMENT OR VIOLATION OF THE COPYRIGHT LAW
AND/OR REGULATIONS for use of other third party copyrighted material.
City expressly assumes no obligation to review or obtain appropriate licensing
and all such licensing shall be the exclusive obligation of User.
7.
General Release and Indemnification
USER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD CITY
HARMLESS FOR ANY AND ALL CLAIMS ARISING OUT OF
USER'S USE OF THE CITY LOGO.
8.
Content of Material Published.
The City assumes no responsibility or liability with respect to the content of
any material published by User. User shall be responsible for all such content,
and shall indemnify and hold the City harmless with respect to such content
and use.
9.
Notices.
Unless otherwise provided, all notices or communications required or
permitted to be given shall be in writing and shall be delivered personally, by
facsimile, or deposited in a regularly maintained receptacle for United States
cnno6.ls.lowar�h 3 of 6
an and sent certified or registered mail, postage prepaid. Any notice so
given shall be deemed to have been received when deposited in the United
States mail so addressed with postage prepaid and addressed to:
USER:
Ridglea Watch &Jewelry
6387 D Camp Bowie Blvd.
Fort Worth, Texas 76116
CITY OF FORT WORTH:
Office of the City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
With cony to:
Christa Reynolds, Assistant City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
10.
Paragraph Headings.
The paragraph headings contained herein are for the convenience in reference
and are not intended to define or limit the scope of any provision of this
Agreement.
11.
Entire Agreement.
This Agreement contains the entire agreement of the parties with respect to
the subject matter hereof. No promise, representation, warranty or covenant
not included in this Agreement has been or is being relied on by any party.
12.
Modification.
This Agreement may not be modified or amended except in writing, signed by
City and User.
cxxo6.ls.lowar�i� 4 of 6
13.
Governing Law,
This Agreement has been executed and delivered in the State of Texas. This
Agreement will be governed by, construed and enforced in accordance with
the laws of the State of Texas. The parties agree that the proper venue and
jurisdiction for any cause of action relating to the agreement will be in the
state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division,
14.
Independent Contractor.
User shall perform all work and services hereunder as an independent
contractor, and not as an officer, agent, servant or employee of the City. User
shall have exclusive control of, and the exclusive right to control the details of
the work performed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees
and subcontractors. Nothing herein shall be construed as creating a
partnership or joint venture between the City and User, its officers, agents,
employees and subcontractors, and doctrine of respondent superior has no
application as between the City and User.
15.
Waiver.
The failure of a party to seek redress for the violation of or to insist on strict
performance of any provision of this Agreement shall not prevent or dilute
such party's right to insist later on such performance of the same or a similar
provision or to have redress for the same or a similar violation, regardless of
such parry's prior knowledge or lack of knowledge.
16.
Severability.
The provisions of this Agreement are severable, and if any word, phrase,
clause, sentence, paragraph, section or other part of this Agreement or the
application thereof to any person or circumstance shall ever be held by any
court of competent jurisdiction to be invalid or unconstitutional for any
reason, the remainder of this Agreement and the application of such word,
phrase, clause, sentence, paragraph, section, or other part of this Agreement to
other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion
had never been contained therein.
cnno6.ls.lowar�h 5 of 6
17.
Successors and Assigns.
This Agreement shall be binding upon the parties hereto and their respective
executors, administrators, legal representatives, heirs, successors and assigns,
and shall inure to the benefit of the parties hereto and their respective
executors, administrators, legal representatives, heirs, successors and assigns.
18.
No Third -Party Beneficiaries.
This Agreement shall inure only to the benefit of the parties hereto and third
persons not privy hereto shall not, in any form or manner, be considered a
third parry beneficiary of this Agreement. Each party hereto shall be solely
responsible for the fulfillment of its own contracts or commitments.
IN WITNESS WHEREOF, the
effective as of the date first above written.
EXECUTED on this the
CITY OF FORT WORTH
Assistant City Manager
ATTEST:
6L& i
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Marty Hendrix
City Secretary
APPROVED AS TO FORM AND Ll��
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Christa R. Reynolds
Sr. Assistant City Attorney
Op/��FicIALp/yRECORD
CITE 'SEC�q[ETA \Y Y
FT. WORTH, TX
parties have executed this Agreement to be
CRR06.I5.IOWatclz 6 of 6
day of , 2010.
UDGLEA WATCH &
JEWELRY REPAIR, INC.
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Cindy Warren
General Manager
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Secretary/Witness
Met `I �s ,
Fort Worth is a city where cowboy character, tradition and innovation are as
comfortable in a tux as they are in old boots.
According to cowboy lore, back when the city was a major stop on the Chisholm
Trail, news flew through the streets like trail dust — and cattlemen said Molly, a
longhorn sculpture on the fa4ade of the Livestock Exchange, was the source.
The longhorn is the iconic symbol of our western history. So we're proud to
introduce the Molly Watch, to honor our rich heritage.
Our tribute to Fort Worth is a timepiece of superior quality. Like Fort Worth's
hardy settlers, our watch is resilient. Featuring a stainless steel case and bracelet, genuin
scratch -proof sapphire crystals, and luminous dial and hands, the Molly Watch is water
tested to 660 feet.
The face features a longhorn logo in western hues: black, yellow, white, and the classic,
cowhide brown. The black and brown models are enhanced by a carbon fiber dial.
Fort Worth proud? Wear a Molly Watch. With or without boots.
About th
M011y W
Exclusive to R
Watch & Jewe
Swiss quality
finest parts
3-year warrant
upon purchas(
and registratic
Assembled in
USA from Swi.
components
Scratch -proof
genuine sapph
crystal with lei
Water tested t(
ATM/9200meti
660 feet
Screw down di
crown
Luminous dial
and hands
Hidden bi-fold
button buckle
Lifetime batter
replacement
Available in
stainless steel
or leather band
The Molly Watch. Exclusively at
Ridglea Watch & Jewelry.
Available in men's or women's styles.
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