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Home My WebLink About298197 COMCAST SPOTLIGHT - CONTRACT - CONTRACT - 4405865AGREEMENT New Client? Contract file # A.E. name Today's ,y,FTC Primary Ref #: NO Date 9/8/04 CCOM035T Client Name & # 68615 Billing: Standard Custom Start 1 9/27/04 S P:4►►� T L t G H T� THE CITY OF FTC -SMART TRIPS "DRIVE LESS- SCHOOL CHALLENGE X Date Agency Name & #: Status: Active or Hold Stop Date 1 V19/04 Remarks PO # X Contract Standard / promo-psa ! co-op Date FORT COLLINS Rep Firm Name & #: T X Entered REVISION: DATE: e Affidavit (notary) (no -notary) (none Entered NEW ORDER: DATE: 9/8/2D04 Billing Address: D By: CANCELLATION: DATE: 250 NORTH MASON ST. Type c e u e to r er is diona c Secondary follow Complete Attached FORT COLLINS CO 80524-4407 Reference #: # of spots Zones: Order Approved: Send invoice to attention of: Name of order. 600 (if applicable) Theresa Vandendriesche Package: per Product Category Make Goods Pre-emptalbe? Total $$'s Telephone: 970- 416-2723 1 CITY GOV Acceptable: Yes No per order $10,900 Line # Network Headen Week Start Stop Davs Authorized Start Stop Sun Time Time Total Unit Total Spot Ad Sots Cast Per Line Len th # Type Date Date Mon Tue Wed Thur Fri Sat MASTE CON RACR THE CIT OFF RT COLLIN SMART TRIPS DEPARTMENT 8 WEEK FLIGHT "Smart Trips "Drive Less" School Challenge 200 PRIME TIME COMMERCIALS; 25 PER WEEK 400 RUN OF STATION COMMERCIALS; 50 PER WEEK RECOMMENDED NETWORKS: MTV, CARTOON, ANIMAL PLANET, FAMILY AND SET. SPECIAL CONCERNS OR OBLIGATIONS: — JAN fMAR : MAY JUL SEPT NOV FEB APR JUN AUG OCT DEC common on tcifs/ to media services/ blank agency contract qA1JTHRiZED BY ADVERTISER/AGENCY DATE KRISTA MALONEY 9/8/2004 AUTHORIZED BY CABLE SYSTEM ADVERTISING DATE By signing the above Advertiser/Agency agrees to the terms and conditions as set forth on reverse side. O O 4k (il N d 1 G 3 3 rt L AGREEMENT Revision: Cancellation: Date: Date: Adjust Billing Remarks To: SCHEDULE Start Time 1700 1700 600 600 1700 1700 600 600 1700 1700 600 600 1700 1700 600 600 1700 1700 600 600 1700 1700 600 600 Stop Total Time Spots 2400 16 2400 22 2400 28 2400 24 2400 15 2400 21 2400 20 2400 24 2400 15 2400 21 2400 20 2400 26 2400 15 2400 21 2400 20 2400 20 2400 12 2400 15 2400 28 2400128 2400 2400 2400 28 2400 24 Unit Cost $25.00 $20.00 $15.00 $12.00 $25.00 $20.00 $15.00 $12.00 $25.00 $20.00 $10.00 $12.00 $25.00 $20.00 $15.00 $12.00 $25.00 $20.00 $10.00 $12.00 $25.00 $20.00 $15.00 $12.00 i AOmcas} ` (` v_ l �✓ S P*� T L I G H T. r r Ad Copy Total $'s LengSpotth Per L ne Length $400.00 30 F Drive Less Contest $440.00 30 SAME $420.00 30 SAME $288.00 30 SAME $375.00 30 SAME $420.00 30 SAME 5300.00 30 SAME $288.00 30 SAME $375.00 30 F Why Drive Less #'i $420.00 31 SAME $200.00 32 SAME $336.00 33 SAME $375.00 30 SAME $420,00 30 SAME $300.00 30 SAME $240.00 30 SAME $300.00 30 SAME $300.00 30 SAME $280.00 30 SAME $336.00 30 SAMEWEEK $375.00 30 F WhyDrive less #2 $420.00 30 SAME $420.00 30 SAME $288.00 30 SAME CLIENT NAME THE CITY CONTRACT FILE NUMBER TO REFERENCE: OF FTC -SMART TRIPS SCHOOL PAGE 2 CHALLENGE TODAY'S DATE 9/8104 ENTERED BY New Order: X Da s Authorized Date: 9/8104 Line # WEEK 1 WEEK-2 Network MTV BET FAM TOOK MTV BET Headen FTC FTC FTC FTC FTC FTC Week Type N N N N N N Start Date 9127104 9/27/04 9/27/04 9/28104 10/5104 10/4/04 Stop Date 10/3104 10/3104 10/3104 10/3/04 10/10/04 10/10/04 10/10/04 10/10/04 10/17/04 10M7104 10/17/04 10/17/04 10/24/04 10/24/04 10/24/04 10/24/04 10/30/04 10/31/04 10/31/04 10/31/04 11/7/04 11/7/04 1117/04 11l7/OA Mon X X X X X X X X X X X X X X X X Tus X X X X X X X X X X X X X X X X X X X X X Wed X X X X X X X X X X X X X X X X X X X X X X X Thur X X X X X X X X X X X X X X X X X X X X X X X X Fri X X X X X X X X X X X X X X X X X X X X X X X X Sa[ X X X X X X X X X X X X X X X X X X X X X X X X Sun X X X X X X X X X X X X X X X X X X X X X X X X ESPN2 TOON FTC FTC N N 10/6104 10/5104 WEEK 3 MTV BET ANPL FTC FTC FTC FTC N N N N 10/11104 10/11/04 10/13/O4 10/11(04 TOON WEEK 4 MTV BET FAM FTC FTC FTC N N N 10/19/04 10/18104 10/20/04 WEEK 5 TOON MTV BET FTC FTC FTC N N N 10/16/04 10/25/04 10/25/04 10/25/04 AMC FTC N TOON FTC FTC FTC FTC FTC N N N N N 10/25/04 11/1/04 11/1104 11/1/04 11/2/04 6 MTV BET ESPN2 TOON r 0 0 N l7 3 AGREEMENT CLIENT PAGE 3 NAME THE CITY OF FTC -SMART TRIPS "SCHOOL CHALLENGE" Revisiom, Date: Adjust Billing To: Ccomcast S P ��)T L I G H L Spot Ad Copy Total Line Per Line Length $375.00 30 F WhyDrive Less #2 $400.00 30 SAME $420.00 30 SAME $288.00 30 SAME $250.00 30 SAME $300.00 30 SAME S250.00 30 SAME $300.00 30 SAME CONTRACT FILE NUMBER TO REFERENCE: Cancellation: Date: Remarks SCHEDULE Start Stop Time Time 1700 2400 1700 2400 2400 600 2400 1700 2400 1700 2400 600 2400 600 2400 Total Spots 15 20 28 24 10 15 25 25 Unit Cost $25.00 $20.00 $15.00 $12.00 $25.00 $20.00 $10.00 $12.00 TODAY'S DATE Line # Network Headen WEEK 7 MTV FTC Week Type N N N N N N N 1 N 918104 Start Date 11/08/04 11/08/04 11/08/04 11/08/04 11/15/04 11/15/04 11/15/04 11/15/04 ENTERED Stop Date 11/14/04 11/14/04 11/14/04 11/14/04 11/19104 11/19104 11/19/04 11/19/04 BY New Order: Date: X 9/8104 Days Authorized Mon X X X X X X X X Tue X X X X X X X X Wed X X X X X X X X Thur X X X X X X X X Fri X X X X X X X X r Sun X X X600 X WEEK 8 BET FAM TOON MTV BET ANPL TOON FTC FTC FTC FTC FTC FTC FTC I- 0 0 N C 3 c(Dmcast SP€. TLIGHT_ 1p � TERMS AND CONDITIONS ie parties acknowledge and agree that the following terms and conditions set forth hereinafter shall constitute the terms and conditions of this Contract for cable advertising, and may not be modified except as proscribed below. 1 This contract for cable advertising is between Cable System and Advertiser on whose behalf the advertising is made, whether placed by an Agency or by Advertiser. Advertiser shall be solely liable for payments to be made underthfs Contract except that behalf Advertiser, however, the acceptance of payments from Agency shall riot relieve Advertiser of any liability for any amounts unpaid by Agency. AGENCY GUARANTEES PAYMENT AND able System may accept payments from Agency on of ERFORMANCE OF ADVERTISER'S OBLIGATION. It is acknowledged that Agency is Agent of Advertiser. Agency and Advertiser warrant and represent that Agency had the authority to bind Advertiser to the terms and conditions of this Contract, and that �. able System has entered into this Contract in reliance upon these representations. The rate for the cable advertising purchased by the Advertiser shall be as stated on the front of this Acceptance and Confirmation. System reserves the right in connection with a general applicable rate Adjustment to change the rates and charges this for cablecests hereunder by giving 30 days prior written notice of such rate adjustments to Advertiser. A commercial announcement is billable If it reaches 90% (threshold) of the subscribers in the contracted for w N pacified on the face of contract ecgraphic area. ) Payment by or on behalf of Advertiser shall be due upon receipt of an invoice from Cable System, except that Cable System, in its sole discretion, retains the night to require payment in advance of the broadcast of the cable advertising purchased hereby. :able Systems will, upon request submit a notarized affidavit of performance with the invoice for cable advertising. Advertiser and Agent agree to make full payment when due. In the event hat Advertiser or Agency tails to make the payments due hereunder. Cable System reserves the right to cease all advertising for or on behalf of Advertiser, whether pursuant to this Contract or any other contract, and to terminate from such in default monies due Cable System shall be subject to an additional charge equal b 1 112% per month r 0 aint forward is obligations under this Contract In the event full payment is not made as and when called for, this Contract may be declared to be and all balance the highest amount by law. Advertiser and Agency further agree that if any invoice forcable advertising shall be placed in the hands of an attorney or agency for collection, Advertiser and Agency agree to pay Cable 0 y in the outstanding or permitted 3ystem's court cost, reasonable expenses of collection and reasonable attomey's fees incurred in collecting such invoices, but not in excess of the amount permitted by law. i) Commercial announcements may be cancelled by the Cable System in its sole discretion upon 24 hours prior notice. Cable System reservesthe right to cancel this contract upon default by advertiser in the paymenton bills, for any other material breach of time whether omity or in writing. In the event thatAdvertiser wishes cancel or this G 3 he terms hereof, and If Cable System determines that a commercial announcement fails to meet Cable Systems content guidelines, at any upon notice given a used, s t �ontrad, a minimum of two weeks written notice must be provided to Cable System. In the event of such a cancellation or modification Cable System shall have the right to re -compute at the rate earned, the charges for the time actually used, as the rate or modification, Cable System shall be entitled to the lesser of edhera chargeof 25% of the contract 'effected on the then current rate card. In the event Cable System is unable to fill airspace left open by Advertiser's and/or Agency's timely cancellaticn value of such cancelled or modified advertising, or the difference in the contract value and the amount paid by a replacement advertiser, if Cable System is able to fill such airspace. 5) IF FOR ANY REASON THERE IS AN INTERRUPTION, DELAY, OR OMISSION OF ANY CABLE ADVERTISING TO BE BROADCAST UNDER THIS CONTRACT, CABLE SYSTEM MAY SUGGEST A SUBSTITUTE TIME PERIOD ('MAKE GOOD'). IN DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS CONTRACT, INCLUDING BUT NOT LIMITED TO, THE FAILURE OR INABILITY OF NO EVENT SHALL CABLE SYSTEM BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL CABLE SYSTEM TO CABLECAST CABLE ADVERTISING OR, AS A RESULT OF ANY INCORRECT CABLECASTING OR ANY CABLE ADVERTISING. THE SOLE AND EXCLUSIVE REMEDY FOR LIABILITY OF ANY KIND SHALL BE LIMITED TO 3 CABLE SYSTEM FURNISHING A'MAKE GOOD' OR, IF NOT FEASIBLE, THEN A REFUND OF THE PROPORTIONATE AMOUNT PAID FOR SUCH MISSED ADVERTISING. at 7) Cable System at all times retains the right to reject any and all advertisements submitted by Advertiser or Agency, whetherdue to technical quality, content (exceptfor political advertising which is broadcast pursuant to the provisions of Section 315 of the Ad 1934, as amended) for financial reasons if Cable Systems feels, in its sole discretion, that Advertl or Agency's inability to pay Cable System is impaired or for any other reason, witf out necessity or requirement o1 giving any 3 rr --I Communications of explanaton whatsoever. a 8) Advertiser and Agency, separately and severally, warrant and represent that all music composition, copy or other materials used in connection with the cable advertising broadcast hereunder do not violate or infringe the copyright ownerships, or entity. All advertising shall be free and dear for advertising without further payment of copyright or other fees or obtaining any consents or approval. Advertiser and Agency further warrant and representthat the content of all authorship of any person cr advertising broadcast hereunder comply with the rules and regulations of the Federal Trade Commission. ADVERTISER AND AGENCY AGREE TO HOLD AND SAVE CABLE SYSTME HARMLESS AGAINST ALL LIABLILITY RESULTING FROM THE CABLE COMPANY, ITS OFFICERS, EMPLOYEES AND AFFILIATED COMPANIES. FROM AND AGAINST ALL DAMAGES, LIABILITY, COSTS AND CABLECAST OF CABLE ADVERTISING ON BEHALF OF ADVERTISER, AND SHALL INDEMNIFY EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RESULTING FROM DEFENDING OR ANSWERING ANY CLAIM MADE AGAINST CABLE SYSTEM, ITS OFFICERS, EMPLOYEES AND AFFILIATED COMPANIES. RESULTING FROM O SUCH CABLECAST, INCLUDING BUT NOT UNITED TO, CLAINS BASED ON THE CONTENT OF SUCH CABLECAST, VIOLATION OF COPYRIGHTS, PERFORMANCE RIGHTS, LIBEL, SLANDER, AND ANY OTHER CAUSE OF ACTION ASSOCIATED WITH OR RELATED TO THE PRODUCTION, CONTENT, OR MATERIAL OF ANY ADVERTISEMENT SUPPLIED BY CABLE SYSTEM AND ITS RELATED ENTITIES, 9) This Contract may not be assigned or transferred by Advertiser or Agency without written consent of Cable System. In the event this Contract is assigned or transferred by advertiser or agency, Cable System reserves the right to recomputed the rate m structure. Further, any credit afforded the assignee or transferee must be approved in writing by Cable System prior to the assignment or transfer taking place. IV 10) This Contract shall be governed, construed, and enforced in accordance with the laws of the State of Colorado and Wyoming and of the United States. Advertiser and Agency agree and consent that any action, suit or proceeding arising out of or brought in having over the subject matter, all at the sole discretion of Cable System, and by executor of this Contract 0 co to enforce this Contract may be brought in the District Court for the City and County of Denver, State of Colorado, or any other court jurisdiction Advertiser and Agency consent to the jurisdiction of each such court. 11) If any provision hereof is declared to be unlawful or unenforceable, any and all other provisions not affected thereby shall remain in full force and effect. 12) This Contract contains the entire agreement between the parties, and no change, modification or waiver of any of its terms anc conditions shall be effective unless made in writing and signed by all parties. 13) This Contract is subject to the terms and conditions of franchises and licenses held by System and all federal, State and local laws, ordinances, rules and regulations. 14) The parties stipulate and agree that facsimile signatures are considered original for the purpose of executing this Contract 15) The Advertiser and/or Agency acknowledge that there are two sides to this form and agree to all the terms and conditions contained on the front and back of this sheet. AdveRiserlAgency � I Of" " i� Date: & D THE CITY -SMART TRIPS SCHOOL CHALLANGE ro