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<br /> ADDITIONAL TERMS AND CONDITIONS
<br /> agreement of Advertiser's request. Advertiser is obligated to continue making the
<br /> SECTION 1.PAYMENT: monthly payment during any periods when the display is being repainted or the copy is
<br /> Advertiser shall pay in advance the applicable monthly rate on the first business day of each changed. Advertiser shall furnish InterState repaint or copy change sixty(60)days prior
<br /> month during the term of this display agreement and any extensions thereof, to respective scheduled repaint or desired change.
<br /> SECTION 2.LATE CHARGE: SECTION 9.HOLD HARMLESS:
<br /> Advertiser shall pay a late charge equal to L%:%of such unpaid amount for each month this hnterState agrees to save the Advertiser harmless from any and all claim or demands on
<br /> payment remains unpaid (18% per year) or the maximum amount permitted by law, account or bodily injury or physical property damage caused by or resulting from the
<br /> whichever is less,on such amount calculated from the date the amount first became due. display covered by this display agreement due to the placement or manner of the
<br /> SECTION 3.BREACH: installation and maintenance of the display, and agrees to carry,as it's own cost and
<br /> Any failure by Advertiser to pay when due any amounts owed hereunder is to he considered expense,adequate public liability insurance covering such contingencies so long as this
<br /> a breach of this display agreement. Should InterState elect to collect any delinquent display agreement shall remain in effect to the extent provided by North Carolina Law.
<br /> payments due from Advertiser or bring suit for default of any other item, covenant or The Advertiser agrees to indemnify and save Interstate harmless,including any legal fees
<br /> condition of this Agreement, Advertiser agrees to pay all reasonable attorneys fees and and costs,from any and all claims or demand based upon the use of any name,picture or
<br /> expenses,including but not limited to,professional collection service charges and court costs. other material in the display covered by this display agreement. Further reserves the right
<br /> Any judgment rendered in favor of Interstate shall be without relief from valuation and to reject or remove any copy which,in its opinion,before or after InterState placing the
<br /> appmisement laws and bear the maximum interest allowed by lacy_ display in service,is objectionable or in any way might adversely effect the integrity of the
<br /> SECTION 4. LOCATION, RELOCATION, CONDEMNATIONS AND outdoor advertising industry of the professional reputation and goodwill of Interstate
<br /> CANCELLATION: regardless of any commitment of herein or otherwise.
<br /> Interstate may,exercising its sole reasonable judgment,choose the location for the display. SEC'T'ION 1I. CHOICE OF LAN AND ADMISSABILITY OF COPIES
<br /> If for any reason the display location described herein cannot be obtained,Interstate Outdoor CONTRACT:
<br /> may,exercising its sole reasonable judgment,choose the best available alternative location for The parties to this agreement hereby agree to resolve all disputes arising out of and
<br /> display within Orange County. related to this display agreement pursuant to the laws of the State of North Carolina.
<br /> Any relocation of the display necessitated by a threatened or actual loss of location or This agreement is to be signed by each of the parties hereto in duplicate and it is agreed
<br /> inability to maintain tile display,due to state laws,local ordinances,rerouting of highways or and stipulated that both of the two signed copies of this agreement may be admitted into
<br /> other similar causes, including but not limited to condemnation, shall be at Interstate's evidence in any litigation relating to the enforcement of this agreement. However,if the
<br /> expense. language on any copy differs from the other copies,the language contained in the white
<br /> In the event any legal action is taken or threatened to be taken by any goverment authority copy of this agreement,if available shall be deemed to be the controlling language.
<br /> pursuant to law,to condemn the ground location for the display or otherwise take such display SECTION 12.GENERAL PROVISIONS:
<br /> as an alternative to relocating the display, InterState shall also have the right,at its option, (a) The paragraph headings in this display agreement are used for convenience only.
<br /> either to cancel this display agreement or to reduce its tern,(this provision shall not apply They are not intended to alter or affect this agreement's meaning.
<br /> when the need to relocate is at the Advertiser's request), and to make a voluntary or (b) T7€e invalidity,in whole or in part,of any provision of this display agreement shall
<br /> involuntary sale of said display to any such governmental authority. In the event of such a not affect the validity or enforceability of any other of its provisions.
<br /> sale to a governmental authority, Advertiser will not be entitled to any proceeds of the (c) interstate's failure to insist in one or more instances upon the performance of any
<br /> property sold, term or terms of this display agreement shall not be cons€rued as a waiver or
<br /> In the event of the imposition on Interstate of any taxes or license fees which increase relinquishment of interstate's right to such performance or the future
<br /> In€erstate's cost to perform its obligations under this display agreement or the cancellation of performances of such ten€ or terms, and Advertiser's obligation with respect
<br /> the underlying ground lease,InterState shall have tl€e right,at its option,either to cancel this thereto shall continue in full force.
<br /> display agreement or to reduce its term. (d) It is understood by the parties that any use of the word"display"may include
<br /> In any instance of cancellation of this display agreement or reduction on its tern,Interstate more than one display face in such display and accordingly, the rights and
<br /> will not be liable to the Advertiser in any way except to return any amount paid by Advertiser remedies of the parties will be appropriately prorated if less than all of the display
<br /> for the unexpired term of this display agreement. nor will Advertiser be liable for any faces in any such display are affected under any of the sections of this display
<br /> remaining funds owed after cancellation or reduction of term of display. If funds have agreement.
<br /> already been paid,Interstate shall pro-rate funds and refund any unused funds within 30 days
<br /> ofcancellationorreduetiono ftermofdisplay. Advertiser please initial here that you have read and
<br /> SECTION 5.SURETY AGREEMENT&MAINTAINCE:
<br /> InterState agrees to maintain the display in good condition through the term of this display understand the above terms and conditions.
<br /> agreement including replacing and repairing any damaged parts of the display subject to the
<br /> provisions below. i
<br /> InterState has exclusive control and supervision of the installation maintenance and removal
<br /> of displays and over the structure(s)on which they are displayed. It is expressly agreed that
<br /> IuterState shall not be held liable for loss or da€rage on account of delays in installation or
<br /> inability to maintain said display due to strikes,fires,governmental laws,rules or regulations,
<br /> inability to secure specified material acts of God,loss of location or similar causes.
<br /> If the display is damaged to an extent which prevents the displaying of Advertiser's message
<br /> thereon,which damage is not caused by the Advertiser,at In€erstate's option billing for the
<br /> display shall abate for the period of prevention or Advertiser is to be issued a credit after
<br /> cessation of such prevention. In the instance of either the abatement of the billing or the
<br /> credit after cessation,the amount of said abatement or credit to the monthly rate during the
<br /> period of prevention,will equal the prorate position of the Advertiser's message display of
<br /> which has been prevented as determined solely by Interstate.
<br /> If there is loss of illumination on an illuminated display initially or during the term of this
<br /> agreement, which is not caused by Advertiser, Advertiser is to be issued a credit after
<br /> cessation of the loss of illumination in the amount of twenty percent(20 0/0)of the,applicable
<br /> monthly rate prorated for the period of such loss except that if any governmental authority or
<br /> utility restricts or eliminates illumination of a display, following terms shall govern the
<br /> amount if any,of the credit:
<br /> (a) In the case of governmental utility actions resulting in reduction of horns of
<br /> illumination,no credit shall be allowed or due to Advertiser:
<br /> (b) In the case of governmental or utility actions resulting in total elimination of
<br /> illumination,Advertiser shall be entitled to a credit of ten percent(10%)of the
<br /> applicable monthly rate prorated for the period of non-illumination.
<br /> SECTION 6:CLAIMS FOR CREDITSILIMITATION OF REMEDIES:
<br /> Any claim of Advertiser alleging Inte€State's failure to properly perform this display
<br /> agreement is limited to the credits or other remedies set forth in Sections 6 and 7 and shall
<br /> not be cause for cancellation or termination of this display agreement without InterState's
<br /> written consent. Any such claim for credit shall not be valid unless made in writing to
<br /> InterSia€e within thirty(30)days of the date that the Advertiser alleges that Interstate first
<br /> failed to properly perform.
<br /> SECTION 7.DISPLAY REMAINS InterState OUTDOOR PROPERTY:
<br /> It is understood that the display covered by this display agreement is,and shall remain,
<br /> the exclusive property of InterState and,as such,cannot be subcontracted(or subleased)or
<br /> removed by Advertiser.
<br /> SECTION 8.REPAINT OR COPY CHANGES:
<br /> Unless otherwise agreed in writing,Advertiser shall pay InterState in advance for any
<br /> repainting or changes in copy on the display made during (lie terms of this display
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