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4.6. SR 06-03-2019
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4.6. SR 06-03-2019
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6/3/2019
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6. SUPPORT SERVICES. Client will provide the following support services for the benefit of Consultant: <br />provide all requested field and facility dimensions/blueprints/schematics, professional installation services <br />for any agreed upon permanent modification to facilities, current advertiser agreements, and any other <br />public information deemed by Consultant to be of value. Consultant shall return all requested materials <br />provided by Client immediately upon termination of this agreement. <br />7. NEW PROJECT APPROVAL. Consultant and Client agree that, unless terminated earlier pursuant to <br />Section 9 below, Consultants' services will terminate on December 1, 2022. Should Client desire to continue <br />this Agreement beyond sixty (60) months, Client shall enter into a new agreement with Consultant prior to <br />the commencement of a new project or continuation of services. <br />8. REPLACEMENT OF DAMAGED MATERIALS. Consultant will be responsible for the timely replacement of <br />any advertising medium damaged by typical athletic activity, or natural events/disaster. Consultant <br />authorizes Client to make any such repair upon electronic mail notification in an amount no greater than <br />one -hundred dollars ($100.00), unless otherwise notified by Consultant within sixty (60) minutes of <br />electronic notification. <br />9. EXISTING AGREEMENTS. Consultant understands and accepts that there may be existing advertising <br />contracts in place for the Elk River Ice Arena. These contracts, including Clients internal program and their <br />pricing will be honored for the duration of the existing contract. Existing contracts automatically renew <br />until vendor or City cancels contract. Client shall provide a current list of advertisers and any additional <br />details to Consultant as soon as reasonably possible after execution of this agreement. Client shall not be <br />entitled to remove any paid content for replacement with unpaid content. <br />10. ERRORS AND OMMISSIONS. Consultant shall provide services underthis Agreement in a competent and <br />professional manner, consistent with the standards of the industry. Consultant shall not be liable for any <br />additional expenses incurred, or contracts lost by Client, caused by Client's delaThe y, omission, or error in <br />providing documents, information, or approvals to Consultant. Client shall hold Consultant harmless from <br />liability for any terminable advertisements which are approved by Client but are subsequently found to be <br />damaging to the Client's brand or image. Consultant assumes no responsibility for the accuracy of <br />information provided by Client. <br />Consultant shall remove any material approved material pursuant to this Agreement in a reasonable amount <br />of time upon notice from Client to do so, and Consultant shall be available to Client on a 24 -hour -a -day basis <br />to receive such notice. In the event of such notice, Client shall be solely responsible for any damages, or <br />refunds due to previously approved advertiser under contact with Consultant. <br />11. DATA PRACTICES COMPLIANCE. Consultant will have access to data collected or maintained by the Client <br />to the extent necessary to perform Consultant's obligations under this Agreement. Consultant agrees to <br />maintain all data obtained from the Client in the same manner as the Client is required under the Minnesota <br />Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act") <br />12. TERM/TERMINATION. This agreement shall terminate automatically on December 1, 2022, unless earlier <br />terminated by Client. Client shall have the right to immediately terminate this Agreement for any reason <br />upon 30 -day written notice to Consultant. At which time all existing advertising agreements, terms, and <br />revenues shall be honored. <br />
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