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Advertising Terms

  1. The Advertiser agrees to furnish displays for said advertising and to deliver the same to the company at least ten (10) working days before the installation date.

  2. Loss of service due to failure of the Advertiser to furnish displays as provided above for installation on the stated commencement date shall be the Advertiser's loss. Other delays in commencing service shall not constitute a violation of this contract, but the Advertiser shall be entitled to a prorate credit, or at the option of The Wave Transit to additional service or an extension of the term of service equivalent to the delay or omission.

  3. Should the Advertiser's delay(s) be damaged, defaced, mutilated or spoiled by reason or storm, floods, strikes, ordinary wear and tear, or any other cause, replacement shall be furnished by the Advertiser upon request, without liability or expense on the part of The Wave Transit.

  4. Advertiser shall indemnify and hold harmless The Wave Transit against any liability to which they may be subjected by reason of the advertising material displayed under this contract, including, but not limited to, liability for infringement of trademark, trade names, copyrights, invasion of rights of privacy, deformation, illegal competition or trade practices, as well as all reasonable costs, including attorney's fees, in defending any such action or actions.

  5. Loss of service due to fire, flood, riot or other causes beyond the control of The Wave Transit shall not constitute a breach of this agreement, but in such event, Advertiser shall be entitled to a prorate credit for such loss, or, at the option of The Wave Transit, to additional service or an extension of the term of service equivalent to the service lost.

  6. The Wave Transit accepts this contract subject to all federal, 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 is received to terminate the advertising, The Wave Transit reserves the right to terminate, but there shall be no short rate charge because of such termination. 6a. The Wave Transit reserves the right to disapprove of any advertising that is false, misleading, deceptive, and/or offensive to the moral standard of the community, contrary to the best interest of the transit authority.

  7. It is understood and agreed that this contract may not be canceled by Advertiser or Advertising Agency without prior written notice. The Wave Transit reserves the right to cancel any breach(s) that is/are not specifically waived by The Wave Transit.

  8. The Wave Transit shall not be held responsible for returning displays not called for by the Advertiser within thirty (30) days after expiration of the contract. The Wave Transit shall not be held liable for the return of any displays already mounted, i.e., pasted or similarly affixed to the panel by The Wave Transit. In the event of any such obligation to longer display the Advertiser's copy; and in the event of suit for the collection of unpaid accounts, all costs of suit, including reasonable attorney's fees may be added to the money/fees owed. For purpose of this condition, reasonable attorney's fees are deemed acceptable to be thirty (30%) percent of the unpaid account.

  9. This contract is not assigned by the Advertiser, nor may the subject of the advertiser be changed.

  10. This contract becomes effective when executed by The Wave Transit and contains full agreement of the parties, and no representation or assurance, verbal or written, shall affect or alter the agreement shall be made by issuing a new contract.

  11. Any invoice/bill rendered to the agency and/or Advertiser shall be conclusive as to the correctness of the items therein forth and shall constitute an account stated unless written objection is made thereto by the agency and/or Advertiser within thirty (30) days from the rendering thereof.

  12. Advertiser and/or Advertising Agency, if any, are both individually and severally responsible for payment under this contract. It contains all of the agreement and representations of the parties hereto, and no representation or promise not set forth herein shall affect the obligation of either party hereunder.

  13. This Agreement is governed by the laws of the State of Alabama, and all litigation arising from this Agreement shall be instituted in Mobile County, Alabama.
TargetMarket Inc.