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HomeMy WebLinkAboutContract 26100 7-31 -u0 ' i„ • 1 „ uv 14215 +� = MEDIA CORPORATION r-vfw-'t" a&P7' 4211 W. 1 l th Street O'P' PO,9,4 ie ,Sl*z_T� 2NI Eugene, OR 97402 RECEIVED JUL 2 0 (541)686-8400 ADVERTISER ADVERTISING DISPLAY CONTRACT 41#-AFr&3 o6A&t DATE: A -A G-o o CITY SECRETARY PRODUCT CONTRACT NO. o© 7-/ V-00 Advertiser/Agency agrees to purchase the following: COMMENCEMENT DATE Type Size of Size Number o Rate Per MARKET Display Display Showing Displays TERM (4 WEEK) Billie oa t GIJczTd FROM 7 QO TO 9—/O-OO -:2tylre FROM — /—Q TO ®- 1-099 1epm FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM T _ Advertiser or Advertising Agency agrees to furnish own display material. This contract is subject to a chbon ll rrti�` '� ase side hereof,and is subordinate to the contract between the Authority and OBIS. All material must be delivi re4 tbi;l 3jt ®�( on ten(10) working days prior to start date. All space is sold on four(4)week basis unless otherwise noted. Beginning 30 days after the date of billing,a late payment ADVERTISERAGENCY charge of 1.3846%per four week period(18%per annum) (or the maximum amount allowed by law,whichever is less) shall be charged to and paid by Advertiser on the amount of t?/ &Ane�jf{ v c c e- 7-11 any billing then remaining unpaid. ADDRESS SHIP DISPLAY MATERIAL TO: Q() Y111 v&6 1 f� O?-22K, 77K 1-76 /t1-7 ZIP CODE ALL SHIPMENTS MUST BE SHIPPED PREPAID HONE LN # / ) FAX#( _ )A71 (0�� SALES REPRESENTATIVE ACC)6PTE FOR OFFICE USE ONLY X ACCEPTED BY TITLE ✓ ADVER AGENCY DATE DATE TITLE WHITE-Obie•PINK-Advertiser•CANARY-Obie Sales Representative ADDITIONAL TERMS AND CONDrWNS OF ADVERTISING DISPLAY 1. The term's"Advertiser"and"Advertising Agen4M#gcie s 1 e firms or individuals so des�r�ted on the face page x)L this coptracl, and "Advarbser" shall iF� ng�vertising Agency, if any. "Obie sha1T mean and refer to Obie Media Cgrporatio�r an a , Bateds Tact with the Authority. "Authority" shall mean anti refer to the public agency or authority having jurisdiction over the public transit vehielei on which the d9vWising materials are to be displayed. 2_ If Advertiser undertakes to provide any art work or productlt o for the 5dvenisingg,, thay shall be delivered to Obie suffidcplly in advance to allovY Obie rcasviable opPortttit to i4qorporate them into and comiplet� Sfistallation of the displays,and any loss of service due to Advertiser's failure,to make�imely delivery shall be Advertiser's loss. The text and illustr'ationa ou the display materW used,shall be subject to alprdval by Obie aril by each Authprit*jiwolved, and their decision as to acceptability shall be finial. 3. In the event the Authority or its wpresentAtiYes shall disapprove any •g_dvertisemept, Obie shall have the right to remove the adkertisement forthwith and the Advertiser shall receive a pro rata credit from the date of removal of such advdrtisement. Obie accepts this contract subject to all fedetAY, state and municipal laws and regulations with respect to the advertising matter,to be displayed. In the event such advertising becomes illegal or a request fs received to terminate the advertising; Obie reserves the right to terminate same,but there shall be no short rate charge because of such termination. 4. Advertiser agrees that if Obie ceases to have the right to display advertising in or on any of the units covered by this contract, Obie shall have the right to discontinue the service in such units, without prejudice to this contract as to the remainder,but in such case,the Advertiser shall be given credit pro rata for the omitted service. 5 It is understood and agreed that this contract may not be canceled by my icer,or 4dvertisipg Agency without prior written consent of an officer of Obie. Obie reserves the rig4t to cancel this contract at any time upon default by the Advertising Agenoy or Advertiser in the payment of bills,or other breach, or in the event of any material violation on the part of the Advertising Agency or Advertiser of any of the con4juons herein provided; and uppn such cancellation; all unpaid LlidTr-C, for advertising done hereunder,including short term tater or other charges under this contract shall become immeiliately due atid'lsayaM."Tit Case of de[ingUeney in payment,waiver by Obie of any specific breach of this cotttrart by the Advertising Agenoy or Advertiser shall not prejudice Obi&'s rights hereunder*ith respect to pny breach or breaches not specifically waived by Obit: 6. If this contract is placed with a collection agency or an attorney for collection, Advertiser shall pay Obie's collection fees and reasonable attorney fees, even though no snit or action- is flied. If a mft or action is filed, the amount of mch reasonable attorney fees shall be fixed by the court or courts in which the suit or action, including any appeal therein, is trier,,heard or decided,and shall include an amount estimated by the court as the re#senaable costs and fees 4o be incurred in collecting any monetary judgment or enforcing.any other order entered in the Suit or action. 7. All billing?;under this contract shall be-due and payatffe when rendered,and will be*ndered in advance every four weeks. A -1-:38ft%pe four week period(18%per annum)(or the maximum amount allowed by law, whichetter is,less) 7ytftab:' MI kings not paidwithin 30 days of thedate such billings are rendered. 8ke�any payiti nt as herein pfavtded shad, at Obie'S option, be deemed a complete breach by Advertiser of this tipoit 'any s�teh failure the full amount of the retraining installments shall tnttediately become due and in the event'of failure Co make payment iheteof on demand, Obie is authorized but not obligated, to take posst;",oltrof tht- idvettisitg display or any or ail of the spaces.and to remove all pdveirtising fFofrt any or all of the spaces, itrfe'1ii<f iiie spaci:s ur aiip'of them for the whole or any part of the�nexpire4 terM of this contract to such person or persons and upon such terms and conditions as Obie may determine,to collect and'imeive the income or rent therefrom, to apply the income of rent so received fins[ to Obit s costs of replacing the display Including but not limited to costs incurred for desigri, art work, selling, Treducing; and installing the; *.placement splay), and to apply the balance (hereof to satisfaction of any amounts which may then be due to Obie frdm Advertiser under this contract. 9. Advertiser shall.indemnify and save harmless Obie agairjA any liabilio to which Obie may be subjected by reason of the advertising material displayed under this contract, includfni, but not limited to, liability for infringement of'trademarks, trade names, copyrights, invasion of rights of privacy, defamation, Illegal cbmpetition or trade practices, as well as al l reasonable costs, including attorney's feeib in 4�ggdling any such action or actions. 10. This contract and tine rights and obligations o[ the parties shall be governed by and enforced i n accordance with internal laws of the State of Oregon. Any suit or action based upon this contract shall be commenced in and decided by either the District Court or the Circuit Court of the State of Oregon for Lane County, and the parties consent and agree to such Courts' personal jurisdiction over the parties for that purpose. 11. This contract is not assignable by the Advertiser or by the Ativgrtising Agency. 12. A pbill reudered to the Aldvettiser or to the Advertising Agency shall be conclusive as to the correctness of the items therein set forth and shall cohstitute an acCounr stated unless written objection is made thereto ty the Advertiser or Affvertisrng Agency within thirty (30) days after big. ADDITIONAL TERMS AND CONDITIONS OF ADVERTISING DISPLAY CONTRACT -, 1 The terms "Advertiscr" and "Advertising the firms or individuals so designated on the face page of this contract, and "Advertiser" shall V AA, ertising Agency, if any. "Obie" shall mean and "Authority" shall mean refer to Obie Media Corporation,a _4D�LA_ PAny irV�g a cMract with the Authority. 0- and refer to the public agencyr authority having jurisdiction over the public transit vehicles on which the advertising materials are to be displayed. 2, If Advertiser undertakes to provide any art work or production for the advertising, they shall be delivered to Obie sufficiently in advance to allow Obie reasonable opportunity to incorporate them into and complete installation of the displays, and any loss of service due to Advertiser's failure to make tiniviv delivery shall be AdvertiseCs loss. The text and illustrations on the display material used shall be subject to approval by Obie and by each Authority involved, and their decision as to acceptability shall be final. 3. Ih the event the Authority or its representatives shall disapprove any advertisement, Obie shall have the nylit to remove the advertisement forthwith and the Advertiser shall receive a pro rata credit from the date of removal Of Such advertisement. Obie accepts this contract subject to all federal, state and municipal laws and regulations with r'espect to the advertising matter to be displayed. In the event such advertising becomes illegal or a request is received to terminate the advertising. Chie reserves the right to terminate same, but there shall be no short rate charge because of such termination. 4. Advertiser agrees that if Obie cease, , have tiro right to display advertising in or on any of the units covered by this contract. Obie shall have the right to discontinue the service in such units. without prejudice to this contract as to the remainder, but in such case, the Advertiser shall be given credit pro rata for the omitted service. C� 5, It is understood and agreed that this contract may not be canceled by Advcrtiser.or Advertising Agency without prior written consent of an officer of Obie. Obie reserves the right to cam-el this contract at any time upon default by the Advertising Agency or Advertiser in the payment of bills, or other breach, or in the event of any material violation on the part of the Advertising Agency or Advertiser of any of the conditions herein provided; arid upon such cancellation, all unpaid charges for advertising done hereunder, including short term rates or other charges under this contract shall become immediately Clue and payable. In case of delinquency in payment, waiver by Obie of any specific breach of this contract by the Advertising Agency or Advertiser shall not prejudice Obie's rights hereunder with respect to any breach or breaches not specifically waived by Obie: 6, If this contract is placed with a collection agency or an attorney for collection, Advertiser shall pay Obie's collection fees and reasonable attorney fees, even though no suit or action is filed. If a suit or action is filed, the amount of such reasonable attorney fees shall be fixed by the court or courts in which the suit oraction, including any appeal therein, is tried,heard or decided, and shall include an amount estimated by the,COUrt as the reasonable costs and fees to be incurred in collecting any monetary judgment or enforcing any other order entered in the suit or action. 7. All billings under this contract shall be due and payable when rendered, and will be'rendered in advance every four weeks. A -4ate-e*&r_wc­of-F-38469b-per,four week period(18%per annum)(or the maximum amount allowed by law, whichever is less) slapplied't,6 all.billings not paid within 30 days of the date such billings are rendered. � 8. 1 Fai 0 1171A-eany.paymint as herein provided shall, at Obie's option. be deemed a complete breach by Advertiser of this cop ct,..and upon any such failure the full amount of the remaining installments shall immediately become due and payab kp, and in the event'of failure to make payment thereof on demand, Obie is authorized but not obligated, to take possession of the.advertisi6g display or any or all of the spaces-and to remove all advertising from any or all of the spaces, a"n"y-of them for the whole or any part of the unexpired term of this contract to such person or persons and upon such terms and conditions as Obie may deter-mine, to collect and receive the income or rent therefrom, to apply the income or rent so received first to Obie's costs of replacing the display (including but not limited to costs incurred for design, art work, selling, producing, and installing the replacement display), and to apply the balance thereof to satisfaction of any amounts which may then be due to Obie from Advertiser under this contract. 9. Advertiser shall indemnify and save harmless Obie against any liability to which Obie may be subjected by reason of the advertising material displayed under this contract, including, but not limited to, liability for infringement of trademarks, trade names, copyrights, invasion of rights of privacy, defamation, illegal competition or trade practices, as well as all reasonable costs, including attomey's fees, in defending any such action or actions. 10. I'his contract and the rights and obligations o,f the parties shall be governed by and enforced i n accordance with internal laws of the State of Oregon. Any suit or action based upon this contract shall be commenced in and decided by either the District Court or the Circuit Court of the State o f Oregon for Lane County, and the parties consent and agree to such Courts' personal jurisdiction over the parties for that purpose. P z I I. This contract is not assignable by the Advertiserorby the Advertising Agency. 12. Any bill rendered to the Advertiser or to the Advertising Agency shall be conclusive as to the correctness of the items therein set forth and shall constitute an account stated unless written objection is made thereto by the Advertiser or Advertising Agency,within thirty (30) days after'billing.