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Bicentennial Center AdvertisingADVERTISING AGREEMENT SALINA BICENTENNIAL CENTER / HHC HOTELS, LLC This Advertising Agreement entered into this. day of SOA 00 , by and between the CITY OF SALINA, KANSAS, d/b/a the Salina Bicentennial Center, hereinafter referred to as "City", and HHC HOTELS, LLC, d/b/a Salina Holiday Inn, hereinafter referred to as "Partner", hereby agree as follows: Terms and Conditions. Under the terms and conditions herein set forth, City grants advertising rights to the Partner as stipulated in Attachment A. 2. Trademarks / Logos. 2.1. Holiday Inn Trademarks / Logos. Holiday Inn, Holidome and HHC Hotels, LLC trade names, trademarks, service marks and logos are and shall remain the property of HHC Hotels, LLC. City may use Partner's trademarks, logos and other identifying symbols for the purposes of advertising and promoting the Salina Bicentennial Center ("Facility"), subject to Partner's prior approval of such uses. 2.2. Salina Bicentennial Center Trademarks / Logos. Facility trade names, trademarks, service marks and logos are and shall remain the property of the City of Salina. Partner may use Facility trademarks, logos and other identifying symbols for the purposes of advertising and promoting the Partner, subject to City's prior approval of such uses. 3. Payment. In consideration for the Advertising, fabrication of panels, other on -premise signage, and custom programming or conversion, Partner shall pay the sum of THREE THOUSAND DOLLARS ($3,000) (the "Advertising Fees") per Agreement Year, payable per Attachment B (Payment Schedule). The payments shall be directed to City at the address specified below City's name on the signature page hereof. In addition, Partner shall pay immediately upon demand all sales, use privilege, ad valorem, excise or other similar taxes paid or payable by City in connection with this Agreement. 4. Term of Agreement. The period of this agreement shall be for a term of ten (10) years, effective June 1, 2007 through May 31, 2017. 5. Assignment. This agreement shall not be assigned by the Partner, nor shall Partner grant any other person any of its rights without prior written consent of City. 6. Hold Harmless and Indemnification. Partner agrees to hold harmless and indemnify the City of Salina, Kansas, its officers, agents and employees, from and against any and all actions, suits, damages, liability or other proceedings which may arise as the result of performing services hereunder. This section does not require Partner to be responsible for or defend against any claims or damages arising solely from acts or omissions of the City of Salina, Kansas, its officers, agents, or employees. 7. Applicable Law. This Agreement shall be governed by the laws of the State of Kansas. If any provision of this Agreement is or becomes unenforceable, the other provisions shall remain valid and enforceable to the maximum extent possible. 8. Nondiscrimination. It is mutually agreed that there shall be no discrimination on the basis of a person's race, color, creed, religion, national origin, ancestry, citizenship, gender, sexual orientation, age, or disability. 9. Default. If Partner fails to pay when due any amount owing under this Agreement, and such failure continues for a period of thirty (30) days after Partner receives written notice of the Page 1 default from City, or if either party to this Agreement fails to perform any of its covenants and obligations under this Agreement, and such failure continues for a period of thirty (30) days after the non-performing party receives written notice of the default from the other party, and such non-performance remains uncured after such thirty day period, then such aggrieved party may terminate this Agreement by giving notice of termination. All parties' rights under this Section are in addition to, and are not a limitation on or in substitution for, any other rights which either party has by reason of any non-performance, including, without limitation, any claim for damages under law or equity. All rights are cumulative. Upon termination, all rights and obligations of the parties under this Agreement shall cease. Time is of the essence in the performance of all duties and obligations imposed by this Agreement. Each party's course of dealing, or forbearance from, or delay in, the exercise of any of their rights, remedies, privileges or right to insist upon strict performance of any provisions contained in this Agreement, shall not be construed as a waiver by either party, unless any such waiver is in writing and is signed by the party. On this day and year first above written, the parties hereto have executed this Agreement: PARTNER: HHC HOTELS, LLC B �[authorized signature only] Name: 1`10' fI tr��f'i� [print or type name clearly] Title: Director of Sales Dated: 5' Jo - 01 Contact Information: Name: Karlie Miller Address: 1616 W. Crawford City: Salina State / Zip: Kansas 67401 Phone: 785-823-1739 Fax: 785-823-1791 E -Mail: kmiller()-hhchotels.com CITY: CITY OF SALINA, KANSAS By: [authorized Sig natu a only] Name: A6,n [print or type name cle y] Title: City Manager Dated: Contact Information: Name: Keith Rawlings, Bicentennial Center Mgr. Address: 800 The Midway City: Salina State / Zip: Kansas 67401 Phone: 785-826-7200 Fax: 785-826-7207 E -Mail: krawlings(d2bicentennial.org Page 2 ATTACHMENT A ADVERTISING SPECIFICATIONS SALINA BICENTENNIAL CENTER / HHC HOTELS, LLC "PREMIER" PARTNERSHIP LEVEL LOBBY LCD Video Content: • Minimum of twelve (12) :15 second third -screen logo applications per hour on south lobby pillar LCD display totaling three (3) minutes of content per hour. • Minimum of twelve (12) :15 second third -screen logo applications per hour on south lobby pillar LCD display totaling three (3) minutes of content per hour. • One (1) approx. 2' x 6' static flat vinyl or raised logo application on the brick over each interior stairway door (in the northwest and southwest corner of the lobby) for a total of two (2) applications. ARENA Concourse: • One (1) sign application on upper south wall of North Concourse (approx. 1'6"x 4) • One (1) sign application on upper north wall of South Concourse (approx. 1'6"x 4) Portal Entrances • One (1) backlit ad panel on each of the two (2) east portal entrances for a total of two (2) applications (approx. 26"x 8' each) Message Center SportStae (or better) Displays: Signage: • One (1) backlit ad panel on northeast message center scoreboard display (approx. 6'x 4 ) • One (1) backlit ad panel on southwest message center scoreboard display (approx. 6'x 4 ) Digital Content:* • Minimum of two (2) :15 second pre -game messages per event • Minimum of two (2) :15 second half-time messages per event • Minimum of two (2) :15 second post -game messages per event • Minimum of five (5) :15 second full -screen custom logo applications per event - all subject to event Public Address Acknowledgement* • One (1) pre -game PA acknowledgement at all Salina Bicentennial Center sporting events • One (1) in -game PA acknowledgement at all Salina Bicentennial Center sporting events • One (1) half-time PA acknowledgement at all Salina Bicentennial Center sporting events • One (1) post -game PA acknowledgement at all Salina Bicentennial Center sporting events - all subject to event Page 3 SPECIALTY EVENTS AND PROMOTIONS • One (1) opportunity per year to distribute specialty logo items at a Salina Bicentennial Center handled event* • Opportunity to use "partner" mark for own marketing efforts • One (1) logo link on official Salina Bicentennial Center website • Two (2) tickets to all SBC handled events** subject to event & space limitations *' - at all events to which complimentary tickets are provided OUTDOOR MARQUEE DISPLAY • Approx. five hundred (500) :04 second digital messages per day to be displayed on outdoor message marquee Page 4 Attachment B PAYMENT SCHEDULE HHC HOTELS,. LLC d/b/a Salina Holiday Inn Agreement year 1: For services rendered June 1, 2007 to May 31, 2008 Payment 1: $250 Payment due on or before June 1, 2007 Payment 2: $250 Payment due on or before July 1, 2007 Payment 3: $250 Payment due on or before August 1, 2007 Payment 4: $250 Payment due on or before September 1, 2007 Payment 5: $250 Payment due on or before October 1, 2007 Payment 6: $250 Payment due on or before November 1, 2007 Payment 7: $250 Payment due on or before December 1, 2007 Payment 8: $250 Payment due on or before January 1, 2008 Payment 9: $250 Payment due on or before February 1, 2008 Payment 10:$750 Payment due on or before March 1, 2008 Agreement year 2: For services rendered June 1, 2008 to May 31, 2009 Payment 1: $750 Payment due on or before June 1, 2008 Payment 2: $750 Payment due on or before September 1, 2008 Payment 3: $750 Payment due on or before December 1, 2009 Payment 4: $750 Payment due on or before March 1, 2009 Agreement year 3: For services rendered June 1, 2009 to May 31, 2010 Payment 1: $750 Payment due on or before June 1, 2009 Payment 2: $750 Payment due on or before September 1, 2009 Payment 3: $750 Payment due on or before December 1, 2009 Payment 4: $750 Payment due on or before March 1, 2010 Agreement year 4: For services rendered June 1, 2010 to May 31, 2011 Payment 1: $750 Payment due on or before June 1, 2010 Payment 2: $750 Payment due on or before September 1, 2010 Payment 3: $750 Payment due on or before December 1, 2010 Payment 4: $750 Payment due on or before March 1, 2011 Agreement year 5: For services rendered June 1, 2011 to May 31, 2012 Page 5 Payment 1: $750 Payment due on or before June 1, 2011 Payment 2: $750 Payment due on or before September 1, 2011 Payment 3: $750 Payment due on or before December 1, 2011 Payment 4: $750 Payment due on or before March 1, 2012 Agreement year 6: For services rendered June 1, 2012 to May 31, 2013 Payment 1: $750 Payment due on or before June 1, 2012 Payment 2: $750 Payment due on or before September 1, 2012 Payment 3: $750 Payment due on or before December 1, 2012 Payment 4: $750 Payment due on or before March 1, 2013 Agreement year 7: For.services rendered June 1, 2013 to May 31, 2014 Payment 1: $750 Payment due on or before June 11 2013 Payment 2: $750 Payment due on or before September 1, 2013 Payment 3: $750 Payment due on or before December 1, 2013 Payment 4: $750 Payment due on or before March 1, 2014 Agreement year 8: For services rendered June 1, 2014 to May 31, 2015 Payment 1: $750 Payment due on or before June 1, 2014 Payment 2: $750 Payment due on or before September 1, 2014 Payment 3: $750 Payment due on or before December 1, 2014 Payment 4: $750 Payment due on or before March 1, 2015 Agreement year 9: For services rendered June 1, 2015 to May 31, 2016 Payment 1: $750 Payment due on or before June 1, 2015 Payment 2: $750 Payment due on or.before September 1, 2015 Payment 3: $750 Payment due on or before December 1, 2015 Payment 4: $750 Payment due on or before March 1, 2016 Agreement year 10: For services rendered June 1, 2016 to May 31, 2017 Payment 1: $750 Payment due on or before June 1, 2016 Payment 2: $750 Payment due on or before September 1, .2016 Payment 3: $750 Payment due on or before December 1, 2016 Payment 4: $750 Payment due on or before March 1, 2017 Page 6