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HomeMy WebLinkAboutContract 36824 RELEASE AND WAIVER FOR THE C ps Y SECRETARY FORT WORTH WATER GARDENS �.ONTA!�`rNo This Agreement is entered into this the I --#I day of January, 2008, by and between the City of Fort Worth, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, Parker and Wise Counties, Texas (Hereinafter referred to as the "CITY") and Concussion Advertising, Marketing and Design. The City of Fort Worth, through its Director of Parks and Community Services, hereby grants to Concussion Advertising, Marketing and Design, their successors and assigns and those acting under their authority, the right to use the name of the Fort Worth Water Gardens, as listed here (Fort Worth Water Gardens, Water Gardens, FW Water Gardens) for the limited purpose of the 2008 advertising campaign known as "The T. Takes You Places." Concussion Advertising, Marketing and Design understands that the City is committed to promoting the legacy of the Fort Worth Water Gardens program that serves as a symbol of the City of Fort Worth. Concussion Advertising, Marketing and Design acknowledges that the City of Fort Worth "Molly" logo is copyrighted by the City of Fort Worth and this Release and Waiver in no way confers any right to use such logo. It is understood that by signing this Release, Concussion Advertising Marketing and Design is not obligated to actually use the name of the Fort Worth Water Gardens. By this release, the City of Fort Worth waives any right that it may have to inspect and/or approve the finished product. Concussion Advertising, Marketing and Design represents and agrees that the finished advertising campaign and the use of the campaign and/or materials will not in any way disparage the products of the City of Fort Worth or the Fort Worth Water Gardens nor depict the Fort Worth Water Gardens in any manner or use that is, or that may claim to be, defamatory, untrue or censorable in nature, or bring harm to the heritage and history of Fort Worth or be used in any other manner deemed inappropriate as determined in the sole discretion e of the Fort Worth Parks and Community Services Director. �-- This Release is the entire agreement of the parties and shall replace and supersede all prior arrangements, either oral or written. In the event of any dispute hereunder, the venue shall 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. CITY OF FORT WORTH CONCUSSION ADVERTISING, MARKETING & DESIGN 1000 THROCKMORTON STREET 707 W. VICKERY BLVD., SUITE 103 FORT WO , T S 1 FORT WORTH, Tx 76104 BY: r �' LIB �_� , ; r BY&/Yd,0C1L� Z � LINDSAY SIMON '')`ASSISTANT CITY MANAGER ACCOUNT EXECUTIVE 03-18-08 A07 : 54 IN NO M & C REQUIRED "PROVED AS TO FORM AND LEGALITY: CA I; s ASSISTANT CITY ToRNEY DATE: A,ttested by: I fvtwmy Head C;x. Citly E;,- M DO CC,