1. COPY APPROVAL: If Spectrum is requested by an Advertiser to submit art work, then art work submitted by Douglas shall be approved or substitute art work shall be furnished by Advertiser within ten (10) days after submission. In the case of default in furnishing or approval of artwork by Advertiser, the commencement of service shall be deemed to occur on the dates on which the various spaces are available for service.
2. TRADEMARKS/COPYRIGHTS: Advertiser warrants that all approved designs do not infringe upon any trademark or copyrights, state or federal. Advertiser agrees to defend, indemnify, and hold Spectrum free and harmless from any and all loss, liability, claims or demands, including attorney’s fees arising out of the character, contents or subject matter of any copy displayed pursuant to this contract.
3. PAYMENT: Upon completion and installation of the initial painting, an invoice for payment will be sent to Advertiser. Upon Advertiser’s request, a report will be sent of such painting and installation with the initial notice. The first monthly invoice shall cover the period from the date of installation to the end of the month in which the invoice is rendered, and subsequent monthly invoices shall be rendered in advance approximately 15 days prior to the first day of each successive month. Invoices are due by the tenth (10th) of the month of display. All prorated invoices and credits will be computed on the basis of a thirty (30) day month.
4. CREDIT: If Spectrum is prevented from painting or maintaining any of the spaces by cause beyond its control of whatever nature, including, but not limited to, acts of God, strike, work stoppages, or picketing, or in the event of damage or destruction of any of the spaces, or in the event Spectrum is unable to deliver any portion of the services required in this contract, including illumination, this contract shall not terminate. Credit shall be allowed to Advertiser at the standard rates of Spectrum for such space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended. Illumination credit will be computed at 15% of the per day cost of the bulletin after three (3) days from the date of notification to Spectrum of the problem. Spectrum may discharge this credit, at its option by furnishing advertising service on substitute spaces, to be reasonably approved by the Advertiser, or by extending the term of the advertising service on the same space for a period beyond the expiration date. The substituted or extended service shall be of value equal to the amount of such credit.
5. DEFAULT: Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and payable, the entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable immediately at the option of Spectrum, and unless same is promptly paid, Spectrum may, at its option, discontinue without notice the outdoor advertising contracted for herein; provided however, that such discontinuance shall not relieve the Advertiser of the contract indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted by law not to exceed 1-1/2% per month. In addition, Advertiser shall pay Spectrum all costs and expenses of exercising its rights under this contract, including reasonable attorney’s fees of not less than 25% of the amount due, or $250.00, whichever is greater.
6. SPLIT BILLBOARD: In the case of a split billboard, where two advertisers share a common facing, this contract is contingent on both halves being sold. If one half of the facing should become open and Spectrum deems it necessary, this contract may be cancelled. However, Advertiser will be given first option to occupy the entire facing at the prevailing rate.
7. VINYL: If Advertiser desires vinyl, Advertiser acknowledges and accepts all obligations and responsibilities, including original vinyl costs and additional costs incurred resulting in any manner from tearing, wrinkling, fading and/or any damage, and/or acts of God.
8. ENTIRE AGREEMENT: This contract constitutes the entire agreement between Spectrum and Advertiser. Spectrum shall not be bound by any stipulations, conditions, or agreement not set forth in this contract. Waiver by Spectrum of any breach of any provision shall not constitute a waiver of any breach of that provision or any other provision.