Fill and Sign the Medicare Communications and Marketing Guidelines Cms Form

Contract to Provide an Advertising Banner or Billboard Whereas, ____________________ (Name of Client), a corporation organized and existing under the laws of the state of ______________, with its principal office located at ____________________________________________ __________________________ (street address, city, state, zip code) , herein referred to as Client, and Advertising Agency, a corporation organized and existing under the laws of the state of ________________, with its principal office located at ________________________________________________________ _______________ (street address, city, state, zip code) , hereinafter called Agency; and Agency is desirous of contracting with Client for the services as hereinafter described. 1. Advertising Banner or Billboard. Agency shall provide a ________________ (Banner or Billboard) to Client in the following dimensions (describe Banner and Billboard) _________ ________________________________________________________________ . The Banner shall be secured in the location shown on the attached Exhibit A. The Banner to be provided by the Agency shall be weather proof and capable of being secured to the fence surrounding _________________________________ _________________________________________________ (location). The Agency has reviewed the location of the advertising Banner shown on the attached Exhibit A as well as the methods necessary to secure the Banner to the fence, The Agency warrants that the Banner is sufficiently weather and water proof and, upon notification by the Client that the Banner has become tattered, damaged, or otherwise unsuitable for display, shall promptly make arrangements with the Client to remove the Banner and/or replace it. The Agency shall provide an advertising format which is consistent with the Client’s mission of providing family recreational opportunities to its customers. 2. Fee and Payment. Client shall pay the sum of $___________ per season (May-September) for the services described above. Client shall provide this payment in check or cash, directed to the Agent’s address set forth above. All delivery of Banners or Billboards to the Client shall be made before the close of business at ________ (time) day at _____________________________________________________ _______________ (street address, city, state, zip code) , 3. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than thirty (30) days in advance of the effective date of said termination, 4. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 5. No WaiverThe failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 6. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 7. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 8. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 9. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 10. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 11. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 12. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 13. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. 14. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ______________________ _______________________ (Name of Agency) (Name of Customer) By:____________________________ By:_______________________________ _________________________ ___________________________ (Printed Name & Office in Corporation) (Printed name & Office in Corporation _________________________ __________________________ (Signature of Officer) (Signature of Officer)