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2004-167 Resolution
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2004-167 Resolution
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1/9/2014 3:57:37 PM
Creation date
12/16/2013 6:59:03 AM
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North Olmsted Legislation
Legislation Number
2004-167
Legislation Date
11/3/2004
Year
2004
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<br />]- <br />?1 ?S :?cby- /?'? <br />Facility Dasher Board Advertising Agreement <br />Parties <br />Pursuant to this binding agreement; <br />Sports Venue Advertising, Inc., of 2564 Babcock Road, Hinckley, Ohio 44233 <br />herinafter referred to as 'SVA', and <br />Facility- North Olmsted Recreation Camplex of 26000 Lorain Road, North Oimsted, OH 44070 <br />-herinafter referred to as 'Facility.' <br />Appointment <br />Facility hereby appoints SVA as its exclusive advertising sales representative to sell all currerrtly <br />unoccupied dasher board space at this facility, and any other space at the Facility, including <br />unoccupied wall space, that SVA receives express approvat from the Facility to sell, for the <br />purpose of commerciai adverfising. Upon expiration of any existing contracts with current <br />advertisers previously acquired by Facility, or the expiration of contracts acquired by SVA, SVA <br />shall gain or retain those unoccupied spaces up to the term of this agreement with the exclusion of <br />existing or future `pouring rights' agreements that are specific to the Facility's beverage provider. <br />Obligations <br />SVA, at its own expense, shall use its own best effort to market and sell advertisement spaces and <br />collect all revenues, fees, and income from or attributable to the advertisement space sold <br />hereunder. <br />SVA shall produce, install in Facility, and maintain all installed ads. <br />SVA shall have sole discretion in the sales of advertising, including forms and amount of payment <br />and the approval of credit. <br />SVA shall hald sole discretion as to advertisers cost per advertisement spot, term of retention <br />(advertising time blocks are to be sold in increments not to be greater than 6 months), placement <br />and any discounts or incentives granted to advertiser. <br />SVA, at its own expense shall be solely responsible for the collections of all fees and payments <br />refated to the advertisements. <br />SVA shall not provide or pursue advertisements of beverage companies that would violate the <br />facilities existing or future pouring rights obligations. <br />Facility shall direct all advertising inquires or potential advertising opportunities to SVA and shall <br />advise its affifiates that advertising sales are to be arranged by and through SVA. <br />Faci?ity shall provide demographics, and data regarding Facility's customers, attendance, <br />scheduled events, promotions, or any such information that may add value to SVA sales <br />presentation to advertisers. <br />Facility shall provide reasonable scheduled access for installation, cleaning and maintenance of <br />advertisernents. <br />In performing its obligations under this agreement, SVA shall comply with all applicable federal and <br />state laws, and all ordinances of the City of North Olmsted. <br />Consideration <br />In consideration for SVA to be appointed Facility's exclusive advertising sales representative, SVA <br />shall make payments of collected advertisements to Facility. In consideration for its services <br />provided hereunder, SVA shall retain 30% of the Net Advertising Revenues it collects pursuant to <br />this agreement. For the purpose of this agreement, "Net Advertising Revenues" shall mean all fees <br />and payments collected from the sale of advertisements less sales commission, fees, refunds, <br />discounts, production costs, installation cost, artwork costs, and any applicable taxes. Net <br />Advertising Revenues shall be calculated and distributed on a quarterly basis, following the <br />completed term of advertiser's advertising contract with SVA. The Facility's share of Net <br />Page 1 of 4
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