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current advertiser agreements, and any other public information deemed by Consultant to be of <br /> value. Consultant shall return all requested materials provided by Client immediately upon <br /> termination of this Agreement. <br /> 7. NEW PROJECT APPROVAL. Consultant and Client agree that, unless terminated earlier pursuant <br /> to Section 9 below, Consultant's Services will terminate on November 1st, 2021. Should Client <br /> desire to continue this Agreement beyond sixty (60) months, Client shall enter into a new <br /> agreement with Consultant prior to the commencement of a new project or continuation of <br /> services. <br /> 8. REPLACEMENT OF DAMAGED MATERIALS. Consultant will be responsible for the timely <br /> replacement of any advertising medium damaged by typical athletic activity, or natural <br /> events/disaster. Consultant authorizes Client to make any such repair upon electronic mail <br /> notification in an amount no greater than one-hundred dollars ($100.00), unless otherwise <br /> notified by Consultant within sixty(60) minutes of electronic notification. <br /> 9. EXISTING AGREEMENTS. Consultant understands and accepts that there may be existing <br /> advertising contracts in place for the Elk River Ice Arena. These contracts, including Clients <br /> internal programs and their pricing will be honored for the duration of the existing contract.Client <br /> shall provide copies of these contracts and any additional details to Consultant as soon as <br /> reasonably possible after execution of this agreement. Client shall not be entitled to remove any <br /> paid content for replacement with unpaid content. <br /> 10. ERRORS AND OMISSIONS. Consultant shall provide services under this Agreement in a <br /> competent and professional manner, consistent with the standards of the industry. Consultant <br /> shall not be liable for any additional expenses incurred, or contracts lost by Client, caused by <br /> Client's delay,omission,or error in providing documents,information,or approvals to Consultant. <br /> Client shall hold Consultant harmless from liability for any terminable advertisements which are <br /> approved by Client but are subsequently found to be damaging to the Client's brand or image. <br /> Consultant assumes no responsibility for the accuracy of information provided by Client. <br /> Consultant shall remove any material approved material pursuant to this Agreement in a <br /> reasonable amount of time upon notice from Client to do so, and Consultant shall be available to <br /> Client on a 24-hour-a-day basis to receive such notice. In the event of such notice, Client shall be <br /> solely responsible for any damages, or refunds due to previously approved advertiser under <br /> contact with Consultant. <br /> 11. DATA PRACTICES COMPLIANCE. Consultant will have access to data collected or maintained by <br /> the Client to the extent necessary to perform Consultant's obligations under this Agreement. <br /> Consultant agrees to maintain all data obtained from the Client in the same manner as the Client <br /> is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the"Act"). <br /> 12. TERM/TERMINATION. This agreement shall terminate automatically on November 1st, 2021, <br /> unless earlier terminated by Client. Client shall have the right to immediately terminate this <br /> Agreement for any reason upon 30-day written notice to Consultant. At which time all existing <br /> advertising agreements, terms, and revenues shall be honored. <br /> 13. RELATIONSHIP OF PARTIES. It is understood by the parties that Consultant is an independent <br /> contractor with respect to Client and not an employee of Client. Client will not provide fringe <br /> 2 <br />