Promotional Pylon Banner

PROMOTIONAL PYLON BANNER AGREEMENT

This Promotional Pylon Banner Agreement ("Agreement") is made effective as of by and between the parties identified below.

Parties

WHEREAS

WHEREAS, Client operates or controls the pylon structure and location identified in this Agreement and desires to display a promotional banner on that pylon; and

WHEREAS, Contractor is engaged in the business of designing, fabricating, installing and maintaining promotional banners and has represented the ability to provide the banner and related services under the terms set forth herein; and

WHEREAS, the parties wish to set forth their respective responsibilities, payment obligations and other terms governing the banner, its display, maintenance and removal.

Scope of Work

Contractor shall provide and install one promotional pylon banner in accordance with the specifications and schedule below. Contractor will perform work in a professional manner consistent with industry standards and in compliance with applicable codes, permits and pylon owner requirements.

Banner Specifications & Logistics

Dimensions (Width x Height): x

Artwork delivery deadline:   Installation target date:   Removal date (if applicable):

Permits required: Yes No

Permit responsibility: Contractor Client

Payment Terms

Total Contract Amount: $

Payment due within days of invoice. Late payment will incur a late fee of per month on outstanding balance, compounded monthly, plus reasonable collection costs.

Term and Termination

Term start date:   Term end date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after written notice. Termination for convenience requires days' prior written notice.

Early termination by Client without cause shall require payment of outstanding amounts for work completed plus reasonable removal and restoration costs unless otherwise agreed in writing.

Confidentiality

Each party shall maintain in confidence proprietary or confidential information disclosed by the other party in connection with this Agreement and shall use such information only as necessary to perform its obligations hereunder. Confidential information does not include information that is or becomes public other than by breach of this Agreement, or that a party can demonstrate by written records was independently developed without use of the other party's confidential information. Confidentiality obligations shall survive termination for a period of two (2) years.

Insurance, Warranties and Indemnity

Contractor shall maintain commercial general liability insurance covering installation, display and removal operations with limits not less than $1,000,000 per occurrence and shall provide proof of insurance upon request. Contractor warrants that the banner will be free from defects in materials and workmanship for a period of ninety (90) days following installation. Client shall indemnify and hold Contractor harmless from claims arising from Client-provided artwork, content, or Client's failure to obtain necessary permissions or permits. Contractor shall indemnify and hold Client harmless from claims arising from Contractor's negligent installation or failure to comply with applicable safety standards.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state selected below. Any disputes arising out of or relating to this Agreement shall be resolved in the state and federal courts located in that jurisdiction.

Entire Agreement

This Agreement, including any attachments, exhibits and written change orders signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral. Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties.

Notices

Notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as the receiving party designates in writing, by certified mail, return receipt requested, or by nationally recognized overnight courier.

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