1. Advertiser is responsible for supplying finished advertising materials to E.C.T. as listed on signed contract. Advertiser agrees to deliver finished materials directly to East Chicago Transit (E.C.T.), whose address appears on the top page, at least ten (10) days prior to the installation date. The contents of poster(s) and display material shall be submitted to E.C.T. and shall be subject to the approval of E.C.T. and their decision shall be final.
2. Loss of service, due to failure of advertiser to furnish poster(s) as provided on signed contract shall be the advertiser’s loss. Other delays in commencing the contracted service, or the omission of materials as contracted for, shall not constitute a violation of this contract, but the advertiser shall be entitled upon either of such happenings to a pro rata credit, or at the option of E.C.T., to additional service or an extension of the term of the service equivalent to the delay or omission.
3. Should the advertiser’s materials be damaged for any reason whatsoever, replacement materials shall be furnished by the advertiser upon request, without liability or expense on the part of E.C.T.
4. Advertiser shall indemnify and hold harmless E.C.T. against any liability to which they may be subjected by reason of the advertising materials displayed under this contract, including by not limited to, liability for infringement of trademarks, trade names, copyrights, invasion of rights of privacy, defamation, illegal competition or trade practices, as well as all reasonable costs, including attorney’s fees, in defending any such action(s).
5. Loss of service due to any cause beyond the control of E.C.T., shall not constitute a breach of this agreement, but in such event, advertiser shall be entitled to a pro rata credit for such loss, or at the option of E.C.T. to additional service or an extension of the term of service equivalent to service lost.
6. In the event that E.C.T. or its representatives subsequently disapprove any advertisement, E.C.T. shall have the right to remove said advertisement forthwith. E.C.T. 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, E.C.T. reserves the right to terminate the contract and the advertiser shall receive a pro rata credit for the remainder of the contract as of the date of removal.
7. E.C.T. reserves the right to cancel this contract at any time upon default by the agency and/or advertiser in the payment of bills, or other breach, or in the event of any material violation on the part of the agency and/or on advertiser of any of the conditions herein named and upon such cancellation, all advertising done hereunder, including short-term rates or other charges under this contract, and unpaid, shall become immediately due and payable. In case of delinquency of payment, waiver by E.C.T. of any specific breach or breaches of this agreement by the agency and/or advertiser shall not prejudice the rights of E.C.T. hereunder with respect to any breach or breaches not specifically waived by ECT. In the event of suit for the collection of unpaid accounts, all costs of suit, including attorney’s fees shall be added to the monies owed. Term-30 days from date of invoice.
8. Upon expiration of this contract, materials will be held by E.C.T. and shall not be held liable for materials not picked up by the advertiser within five (5) days after expiration of contract. ECT shall not be held liable for the return of any posters already mounted, i.e., pasted or similarly affixed to panels by E.C.T.
9. This contract is not assignable by the advertiser.
10. This contract becomes effective when executed by E.C.T. and contains the full agreement of the parties, and no representation or assurance, verbal or written, shall affect or alter the obligation of either party hereto.
11. Any bill rendered to the agency and/or advertiser shall be conclusive as to the correctness of the items therein set 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 must provide displays for all 6 buses.
This contract has been reduced to writing and has been executed by the advertiser and by E.C.T. It contains all of the agreements of the parties hereto, and no agreement not set forth herein shall affect the obligation of either party hereunder.