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Terms and Conditions 12/16/2019 City of South Bend - Department of Community
<br />Investment Contract: 2V9113QI1
<br />Requirements
<br />The word ADVERTISER as used in this conu act shall apply to the Advertiser named on the face of this contract or its authorized Agency, if the contract is placed through such Agency. In
<br />such event, Agency represents and warrants that it is duly authorized to place orders for Advertising Displays on behalf'of the Advertiser..
<br />ARRIVAL Or PRODUCTTON MATERIAL AND INSTRUCTIONS : The Advertiser shall provide the necessary display insuuctions and production materials to the proper BURKHART plant
<br />at least ten (10 ) days prior to the designated Start Gate. In the event Advertiser fails to provide such instructions and/or materials at least ten (10) days prior to the designated Start Date,
<br />Advertiser will be charged for the fall period of time stated on the contract.
<br />COPY CHANGE: Should Advertiser desire a change of copy, either of the complete display or in the fern of'overlays, a charge will be made in accordance with the current published rates
<br />and `Allotments.
<br />ILLUMINATION: All illuminated displays shall be illuminated Prom sunset to midnight and from 6:00 am to dawn. For any period of ion -illumination a pro-rata credit of 20% of the their
<br />monthly base price shall be granted.
<br />ADJUSTMENTS TO CONTRACTS: Permanent Paints and Rotary Bulletins and Bus Wraps may only be canceled at the annual anniversary date, provided BURKHART receives sixty (60)
<br />day prior notice to anniversary date
<br />Posters, Shelters and Bus Advertising (excluding Bus Wraps) may be canceled prior to the end date at the end of any thirty (30) day or four (4) week period by providing advance written
<br />notice that reaches the office of BURKHART at least sixty (60) days prior to the desired cancellation date In the event of such cancellation, the rate on this contract wil I be adjusted to the
<br />earned rate as shown on the then current published BURKHART Rates and Allotments and the entire amount will become due and payable
<br />If the advertising or sale of the product or service to be advertised under this contract is prohibited by lase or government regulation, this contract shall terminate as of the effective date of'such
<br />law or regulation without earned rate charge.
<br />BURKHART may upon notice to Advertiser cancel this contract at any time (a) upon material breach by Advertiser; (b) if BURKHART does not receive timely payment on billings, or (c) if
<br />Advertiser credit is, in the reasonable opinion of BURKHART, impaired.
<br />DISPLAY CONTENT: BURKHART reserves the right to determine if copy and design are in good taste and within the moral standards of the individual communities in which it is to be
<br />displayed
<br />CREDITS: Credit for loss of service will be based on the average cost per panel.
<br />DEFAULT: Failure to pay in accordance with the terms stated on the reverse side of this document will cause BURKHART to consider this contract to be breached and BURKHART may, at
<br />its option, cancel and terminate same and call the entire amount of this contract due and owing acid further charge as additional damages any losses BURKHART may sustain by reason of
<br />default, cancellation acid termination, including but not limited to allorrrey fees and collection expense.. Agency conunissions will be forfeited if'payments are not made within sixty (60) days
<br />of the terns stated of the reverse side of this document, On contracts placed thru an Agency, Agency and Advertiser shall bejointly acid severally liable for payment of all amounts due
<br />hereunder
<br />CONTINGENCIES : It is expressly agreed that BURKHART shall not be held liable fin loss or damage on account of delays or loss of service due to acts of God, strikes, tires, governmental
<br />or municipal laws, rules, regulations or restrictions or acts of Providence, or for inability to secure specified material, or to maintain said displays or any part thereol'by reason of any
<br />legislation heretofore or hereafter enacted by the Federal Government or any State or Municipal Government, or any rules or regulations made by any department of the Federal, State or
<br />Municipal Government, or for other like causes. In the event of any delay in service by reason of the above, the adverfists shall be notified immediately and shall be entitled, at its election, to
<br />either an extension ofservice, additional service, or credit, all on a pro-rata basis..
<br />INDEMNIFCAT[ON : BURKHART shall hold Agency and Advertiser harmless against all liability including all claims, demands, debts, obligations or charges together with reasonable
<br />attorneys•' fees and disbursements (all hereinafter referred to as "liability" ) arising out of the installation, maintenance or removal of advertising copy.. The Advertiser sinmilar ly agrees to hold
<br />BURKHART harmless against all liability arising out of the content of the advertising copy frmushed by Advertiser or Agency, including, without limitation, any claims of infringement of
<br />copy¢ ights, trademarks, servicemarks, or other intellectual property..
<br />LIMITATION OF LIABILITY: In no event sliall BURKHART'S liability arising out ofor related to this contract, however caused, and whether arising under contract, tort (including
<br />negligence) or any other theory of liability, exceed the amounts received by BURKHART from Advertiser under this contract..
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