THE UNIVERSITY OF MANITOBA
“FORT GARRY SHUTTLE BUS” ADVERTISING AGREEMENT
This Fort Garry Shuttle Bus Advertising Agreement (hereinafter referred to as “Agreement”) is
entered into on this
day of
, 20
, by and between The University of
Manitoba on behalf of its Parking Services Department, (hereinafter referred to as the
“University”) and
, (hereinafter referred to as the “Advertiser”).
BACKGROUND AND INTENT
WHEREAS the University sub-contracts and oversees the operation of the Fort Garry Shuttle
Bus for the purpose of transporting persons in and around the University’s Fort Garry
Campus and Smartpark;
AND WHEREAS, the University provides an opportunity for advertising displays designed to
reach and inform the general public regarding activities and items of local interest and
information;
AND WHEREAS, the intent of this Agreement is to provide advertising opportunities to
businesses and service groups within the campus community who choose to participate and
display advertisements on the Fort Garry Shuttle Bus.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the
parties hereto agree as follows:
1. PAYMENT AND LOCATIONS FOR ADVERTISING SPACE: The Advertiser agrees
to submit payment to the University for a 2’ high X 7’ wide advertisement space on the
exterior of the Fort Garry Shuttle Bus at the rate of $
plus $
GST, for a
total payment of $
. The University will produce and pay for the final display ad
(the “Ad”) and affix to the bus in a location at the sole discretion of the University.
Payment in full is due upon execution of this Agreement.
2. ADVERTISING PERIOD: The University and the Advertiser hereby agree that the Ad
will be displayed from
to
(the “Term”).
As the Fort Garry Shuttle Bus is provided and operated by a third party, the bus to
which the Advertisers ad is affixed may be out of service from time to time for reasons
beyond the control of the University. At no time will the University be liable to the
Advertiser for the commissioning of other busses during the Term.
3. RIGHT TO REFUSE UNACCEPTABLE ADVERTISING: The University will not
accept advertising that it determines, in the sole discretion of the University, will reflect
poorly upon the University, Smartpark, the Fort Garry Shuttle Bus, its riders and the
long term use of this advertising space. Advertising will be deemed unacceptable if it
promotes direct or indirect competition with any existing academic program, service or
business of the University.
4. ADVERTISING MEDIA AND INSTALLATION: The Advertiser is responsible for
providing graphic “advertising concepts” of their own design to the University for
approval. Once the concept is approved, the Advertiser will be required to provide
THE UNIVERSITY OF MANITOBA FORT GARRY SHUTTLE BUS ADVERTSING AGREEMENT
camera-ready artwork for the production of the Ad. The University will contract and
pay for the services of a printing company to create the appropriate Ad media.
5. TRUTH IN ADVERTISING/INDEMNIFICATION FOR LIABILITY: The Advertiser is
solely responsible for any legal liability arising out of or relating to the Ad, and/or such
violations as infringement or misappropriation of any copyright, patent, trademark,
trade secret, unfair competition, defamation, invasion of privacy or rights of celebrity,
violation of any anti-discrimination law or regulation, or any other right of any person or
entity. The Advertiser agrees to indemnify the University and to hold them harmless
from any and all liability, loss, damages, claims, or causes of action, including
reasonable legal fees and expenses that may be incurred by the University, arising out
of or related to the Advertiser's breach of any of the foregoing.
6. LIMITATION ON DAMAGES: In no event will the University be liable to the Advertiser
for any special, incidental, or consequential damages, whether based on breach of
contract, tort (including negligence), or otherwise, and whether or not the University
has been advised of the possibility of such damage. The Ad is displayed at the
Advertiser’s risk, and the Advertiser is responsible for the costs of replacement or
repair should it be damaged during the Term.
7. COUNTERPARTS: This Agreement may be executed in one or more counterparts, all
of which taken together shall constitute one and the same valid and binding
Agreement. Delivery of counterparts may be accomplished by facsimile transmission
or electronic document.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above.
The University of Manitoba
Per:________________________________
NAME:
TITLE:
Per:________________________________
NAME:
TITLE:
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