1. This Agreement is between the Advertiser (listed as Advertiser/Contact in the Advertising Contract) and the Regents of the University of Colorado, a body corporate, contracting on behalf of the University of Colorado Boulder, for the benefit of Transportation Services (TS), and concerns the placement of advertising on the inside of TS buses. The buses predominately carry students during the fall and spring semesters, and persons attending conferences occuring on campus during the summer. TS may change bus routes and/or frequencies, and such changes shall not affect this agreement.
  2. The Advertiser agrees to furnish advertisements for said advertising and to deliver the same as designated by TS at least five (5) working days before the installation date, without expense to TS. The text and illustrations on cards and/or posters and the paper and/or other display material used shall comply with CUUF (Campus Use of University Facilities) rules and be subject to approval by TS, whose decision as to acceptability shall be final. The Advertiser shall provide flexibly laminated cards or posters with dimensions (including lamination) of 11" X 17" (height by length) and 3mm in thickness (80# cardstock.)
  3. Loss of service due to failure of the Advertiser to furnish cards or posters as stated above for installation on the stated commencement date shall be the Advertiser's loss.
  4. Cards or posters become property of TS upon delivery to TS. Should the Advertiser's cards or posters be damaged, defaced, mutilated or spoiled by reason of storm, floods, strikes, ordinary wear and tear, or any other cause, replacement cards or posters shall be furnished by the Advertiser upon TS's request, without liability or expense on the part of TS.
  5. The Advertiser may choose to discontinue an ad, but is not entitled to any refund.
  6. The Advertiser agrees that TS has the right to discontinue for any reason, advertising placed pursuant to this Agreement, but in such event, the Advertiser shall be given a refund pro rata for the omitted service.
  7. Loss of service due to strike, lockout, fire, flood, riot or other causes beyond the control of TS shall not constitute breach of this Agreement, but in such event Advertiser may be entitled to a pro rata refund for such loss, or an extension of the term of service equivalent to the service lost, at the option of TS, all only in the event that the service loss exceeds twenty percent of the advertising as listed on the agreement.
  8. TS is not responsible for return of cards or posters after the expiration of the Agreement.
  9. Replacement of cards or posters at the Advertiser's request during the Agreement period, will be assessed a fee of $3.50 per bus ad (for example, to change out ads on all buses part way through the agreement period would incur a fee of $3.50 X 20 buses = $70.00).
  10. Advertiser shall indeminify and hold harmless the Regents of the University of Colorado, a body corporate, of any liability to which it may be subject by reason of the advertising material displayed under this Agreement, including, but not limited to, liability or infringement or trademarks, trade names, copyrights, invasion of rights of privacy, defamation, illegal competition or trade practices, failure to pay, as well as all reasonable costs, including attorney fees, in defending or bringing any such action or actions.
  11. This Agreement becomes effective when executed by TS and contains the full agreement of the parties, and no representation or assurance, verbal or written, shall affect or alter the obligation of either party hereto.
  12. Advertiser acknowledges that this is not an exclusive Agreement for advertising.
  13. Advertiser acknowledges that this Agreement does not entitle the Advertiser to any preference regarding the placement of future advertising.
  14. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent to breach is in writing.
  15. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Agreement.