THE UNIVERSITY OF MANITOBA FORT GARRY SHUTTLE BUS ADVERTSING AGREEMENT
THE UNIVERSITY OF MANITOBA
“FORT GARRY SHUTTLE BUS” ADVERTISING AGREEMENT
This Fort Garry Shuttle Bus Advertising Agreement (hereinafter referred to as “Agreement”) is entered into on this day of , 20, by and between The University of Manitoba on behalf of its Parking Services Department, (hereinafter referred to as the “University”) and , (hereinafter referred to as the “Advertiser”).
BACKGROUND AND INTENT
WHEREAS the University sub-contracts and oversees the operation of the Fort Garry Shuttle Bus for the purpose of transporting persons in and around the University’s Fort Garry Campus and Smartpark;
AND WHEREAS, the University provides an opportunity for advertising displays designed to reach and inform the general public regarding activities and items of local interest and information;
AND WHEREAS, the intent of this Agreement is to provide advertising opportunities to businesses and service groups within the campus community who choose to participate and display advertisements on the Fort Garry Shuttle Bus.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the parties hereto agree as follows:
1. PAYMENT AND LOCATIONS FOR ADVERTISING SPACE: The Advertiser agrees to submit payment to the University for a 2’ high X 7’ wide advertisement space on the exterior of the Fort Garry Shuttle Bus at the rate of $ plus $ GST, for a total payment of $. The University will produce and pay for the final display ad (the “Ad”) and affix to the bus in a location at the sole discretion of the University. Payment in full is due upon execution of this Agreement.
2. ADVERTISING PERIOD: The University and the Advertiser hereby agree that the Ad will be displayed from to (the “Term”).
As the Fort Garry Shuttle Bus is provided and operated by a third party, the bus to which the Advertisers ad is affixed may be out of service from time to time for reasons beyond the control of the University. At no time will the University be liable to the Advertiser for the commissioning of other busses during the Term.
3. RIGHT TO REFUSE UNACCEPTABLE ADVERTISING: The University will not accept advertising that it determines, in the sole discretion of the University, will reflect poorly upon the University, Smartpark, the Fort Garry Shuttle Bus, its riders and the long term use of this advertising space. Advertising will be deemed unacceptable if it promotes direct or indirect competition with any existing academic program, service or business of the University.
4. ADVERTISING MEDIA AND INSTALLATION: The Advertiser is responsible for providing graphic “advertising concepts” of their own design to the University for approval. Once the concept is approved, the Advertiser will be required to provide camera-ready artwork for the production of the Ad. The University will contract and pay for the services of a printing company to create the appropriate Ad media.
5. TRUTH IN ADVERTISING/INDEMNIFICATION FOR LIABILITY: The Advertiser is solely responsible for any legal liability arising out of or relating to the Ad, and/or such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. The Advertiser agrees to indemnify the University and to hold them harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by the University, arising out of or related to the Advertiser's breach of any of the foregoing.
6. LIMITATION ON DAMAGES: In no event will the University be liable to the Advertiser for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not the University has been advised of the possibility of such damage. The Ad is displayed at the Advertiser’s risk, and the Advertiser is responsible for the costs of replacement or repair should it be damaged during the Term.
7. COUNTERPARTS: This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same valid and binding Agreement. Delivery of counterparts may be accomplished by facsimile transmission or electronic document.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above.
The University of Manitoba
Per:______Per:______
NAME: NAME:
TITLE: TITLE:
F:\LEGAL OFFICE\Precedents\Website Documents\Signing Policy\Ancillary Services - Shuttle Bus Advertising Agmt March 2010 .doc
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