Scoreboard Advertisement
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AuvERl'ISIm ~
This agreement is made between r.aktronics, Inc., hereinafter referred to
as Daktronics, and The National Bank of America at Salina, having its
principal place of business in Salina, Kansas, hereinafter referred to as
"Advertiser" .
WITNESSEIH:
WHEREAS, Daktronics, me. has entered into an Agreement with the
Bicentennial Center referred to herein as the CUstomer, pursuant to which
r.aktronics shall resale the animated advertising media which includes 4-sided
scoreboard, outdoor marquee, and ticket area IED message center, hereinafter
referred to as the Equipment for the facilities of the Bicentennial Center,
and
WHEREAS, In consideration of the provision of said systems by
Daktronics, Inc., the CUstomer has authorized r.aktronics to grant advertising
rights upon the Equipment, and
WHEREAS, Daktronics desires to sell such rights to the Advertiser and the
Advertiser desires to acquire such advertising rights upon the terns and
conditions hereinafter set forth:
NCM, 'lHEREFORE, In consideration of the foregoing premises and the mutual
covenants herein contained, the parties agree to the following:
1. GRANTING OF ADVERI'ISING RIGHI'S
Daktronics hereby grants to the Advertiser the right to display
advertisements on the Equipment at the locations and with the
dimensions irrlicated in r.aktronics drawing number(s) 7027-P08C-
38906; 7050-8118-601; and 7030-P08C-7377 attached hereto and hereby
made a part hereof. In addition, each advertiser shall receive four
(4) minutes of message display ti1ne at each event held in the arena,
herein referred to as the Facility, plus four (4) minutes per hour
of operation on the outdoor marquee and indoor ticket area message
center, and no fixed advertising inside the facilities and/or
locations hereto set forth, competitive with the Advertiser, shall
be pennitted.
2. PAYMENT
Purchase rate: $13,000.00 for 10 years of sponsorship rights
Terms: $3,900.00 due with contract. Remaining payment due upon
installation.
3. TERM OF AGREEMENT
This agreement shall be in effect for a period conunencing on the
earliest date upon which the original contract expired and
continuing for a tenn of ten (10) years expiring on the date January
1, 2001.
4. RIGffi'S OF ADVERI'ISER
Advertiser agrees that the rights granted by Daktronics under the
tenns and corrlitions of this Agreement constitute the sole rights of
the Advertiser in and to the designated advertising space on the
Equipment, plus the media message display time delineated in
nmnbered paragraph 1. Except as specifically provided herein,
CUstomer agrees that advertisers/SJX>nSOrs under contract with the
Contractor shall have exclusive advertising rights on the message
centers I advertising panels I and any other surface or media visible
from the spectator seating areas of the facility, for the ten (10)
year Period commencing upon installation of the Equipment. 'lhe
CUstomer may solicit and contract for cormnercial advertising on the
message centers by persons or finns other than the
advertising/sponsors secured by the Contractor; provided, that any
such advertising shall:
1. be subject to unani1nous approval by the advertisers I sponsors I
which approval will not be unreasonably withheld;
2. be limited, in the aggregate, to not m:>re than four (4) minutes
Per scheduled event;
3. be sold for not less than fifteen dollars ($15.00) Per minute;
and
4. not pranote any product or se:rvice which is ~titive with
any product or se:rvice offered by any advertiser/sponsor.
Terrp:>rcn:y banner signs I printed programs, banners or pennants
identifying broadcast media and message center announcements for
scheduled upcoming events are excluded from this provision and
CUstomer shall retain exclusive rights with respect to advertising
contained in such items. CUstomer agrees to provide to Contractor
twenty (20) secorrls Per scheduled event, during which time CUstomer
will advertise or identify Contractor I s product.
5. ASSIGNMENI'
'lhis Agreement shall not be assigned by the Advertiser nor shall
Advertiser grant to any other person any of its rights without prior
written consent of Daktronics. Advertiser may assign message time
to worthy causes such as united Appeal, etc., upon consent of the
CUstomer. Daktronics shall be entitled to assign this Agreement and
its rights hereunto to any other persons provided no such assigrnnent
shall inpair the right of the Advertiser hereunder.
6. MATERIAL DAMAGE OR DFSTRUCl'ION OF DISPIAY EOUIFMENT
In the event of material damage to or destruction of the Display
Equipment by any cause, CUstomer shall assume full responsibility
for the replacement or repair of the equipment during the tenure of
this Agreement.
In the event the Facility is closed for any period of less then
twelve (12) months by reason of casualty or accidental damage of any
type, the tenn of this Agreement shall automatically be exten:ied by
a period equal to the duration of such closing. In the event
att.enJance at the Facility for any year decreases to a level thirty
percent (30%) or more below att.enJance during the first year of
perfonnance tmder this Agreement, Daktronics shall exterrl the
advertising rights granted to the Advertiser heretmder for an
additional one (1) year period; provided, that in no event shall
this provision operate to exten:i such advertising rights more than
five (5) years beyorrl the ten (10) year basic tenn provided for by
this Agreement.
7. FURI'HER CDNDmONS
It shall be a further corrlition of Advertiser's obligation hereunder
that Daktronics ani the CUStomer shall each perfonn fully,
faithfully, ani timely the operational corrlitions as set forth in
Paragraph 8 below.
8. OPERATIONAL CDNDmONS
Daktronics ani the customer have acknowledged that the corrlitions
set forth below are the essence of this advertising agreement ani
the CUStomer had agreed to abide by ani fully ani faithfully perfonn
or observe each such corrlition during the time of this advertising
agreement in consideration of sufficient consideration, the receipt
hereOf is hereby acknowledged.
8.1 No fixed advertising in or about the facilities ani locations
competitive with the Advertiser shall be Pe:rmitted.
8.2 Advertising on the Display Equipment shall be operated ani
shown at all events held at the Facility deemed appropriate in
the reasonable discretion of the customer.
8.3 '!he customer shall cooperate fully with the Advertiser to
resolve any disputes that may arise from time to time between
the Advertiser ani the CUstomer, its agents, or employees.
9. APPROVAL
To protect the rights of participating advertisers, Daktronics, ani
the customer, this contract shall not become effective until such
time as written approval has been granted by the customer.
10. EOUHMENT ACCEPI'ANCE DATE AND PAYMENT SCHErUI.E
Equipment Acceptance Date for the Facility Advertising Agreement
shall be the date when the equipment is installed, operational, ani
accepted by the customer.
For those advertisers el~ to use an ext:.en:1ed payment plan, the
annual payment date will be ninety (90) days prior to the
anniversary date of the agreement acceptance by CUstomer.
For those advertisers electing to use the full sum payment plan, the
final payment is due upon acceptance of the equipment by the
CUstomer .
In both cases, the first payment is due at the time this contract is
signed.
11. CANCELIATION OF AGREEMENl'
Daktronics reserves the right to cancel this Agreement at any time
on default by Advertiser on payment of bills, or on other material
breach by Advertiser of any of the covenants an:1 conditions herein'.
On such cancellation, all payments due hereurrler, but not paid for
an:1 all other amounts due to the errl of this Agreement shall,
without notice or demaIrl, beccnne immediately due an:1 payable.
Advertiser also expressly agrees to pay reasonable attorney fees and
other reasonable costs incurred in the collection of any past due
balance urrler this Agreement.
12. GENERAL
12.1 Daktronics shall act at all times herein as an irrlependent
contractor an:i nothing contained herein shall be construed to
create the relationship of principal am agent or employer an:1
employee between the Advertiser an:1 Daktronics.
12.2 '!his contract contains the entire agreement between the parties
relating to the subject matter herein contained an:1 no
tennination or mcxlification of this Agreement shall be valid
unless in writing an:1 approved by an executive officer of
Daktronics an:1 either attached to or errlorsed onto this
Agreement.
12 . 3 '!he Sales Representative is acting as a special agent an:1 all
representations an:1 agreements not herein set forth are deemed
waived. '!his Agreement shall not be birrling upon Daktronics
until accepted by an officer of Daktronics.
12 .4 Arr:l provision of this Agreement prohibited by law of any state
shall as to said law be ineffective in that state to the extent
of such provisions without invalidating the remaining
provisions of this Agreement.
13. WARRANI'Y AND MAINTENANCE
Daktronics warrants its equipment to be free from all defects in
material am workmanship (bulbs, fuses, an:1 labor associated with
the spare parts inventory excluded) for a period of one (I) year
from the date of installation. Daktronics' factory trained
~
.
personnel or an authorized irrleperrlent seJ:Vice shop shall repair or
replace all assemblies or components which fail during this period
through normal use at no expense to the 0Jst0mer. It is the
responsibility of the 0Jst0mer to inform ~cs of any
malfunction or maintenance problem during the advertising period.
CUstomer agrees to notify IBktronics of any equipment malftmction
within four (4) hours of next business day. A maintenance contract
will be made available to the 0Jst0mer following the one-year
warranty period. In lieu of the maintenance contract the CUstomer
may elect to maintain the equipoont on a time am material basis.
All maintenance chaIges are subject to annual cost of living
adjustments.
14. NOI'ICE'S
All notices required hereumer shall be deem=d duly given if sent by
certified mail, if to Daktronics, Inc., to 331-32nd Avenue, P.O. Box
128, Brookings, south Dakota 57006; and if to Advertiser, to: '!he
National Bank of America at Salina, P.O. Box 560, Salina, KS 67402-
0560.
IN WITNESS WHEREOF,
A9rJ=elUeI1t.
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DAm'RQNIC3, INC.
Daktronics, Inc. and Advertiser have executed this
BY:
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ADVERI'ISER: '!HE NATIONAL BANK OF
AMERICA W SALINA
BY: ~~ -f 1J^~
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3-/9- 9 I
TITIE:
TITlE :
DATE :
DATE:
CUS'IOMER: BICENTENNIAL CENTER
SALINA, KANSAS
APPROVED BY: ~~~
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DATE:
q - "U) -91-
AND:
DATE:
31JAN91
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