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<br />-WI <br /> <br />ORIGINAL <br /> <br />SPONSORSHIP AGREEMENT <br />City of Redwood City <br />And <br />San Jose Mercury News <br /> <br />This sponsorship document contains the major terms and conditions regarding the agreement between City of <br />Redwood City and the San Jose Mercury News (SJMN). The sponsorship agreement is from June 12-December 31, <br />2008. <br /> <br />Promotional Advertisin!!:: <br />1. The Mercury News will provide promo space run on a filler basis with a goal of at lease 258 <br />inches (the equivalent of two full pages). There is no guarantee on the amount of inches run. All <br />ads will include a Mercury news logo and will be provided to the Mercury News in velox or <br />electronic format. Run dates, position requested and color are not guaranteed. <br /> <br />City of Redwood City to provide: <br />2. City of Redwood City will invest a minimum cash commitment of $11,700 in advertising in the <br />San Jose Mercury News and $4,500 in other Bay Area News Group newspapers. Dates and space <br />reservation are to be confirmed and handled by a SJMN sales representative. All other <br />promotional ads will be handled separately as described in this document. <br /> <br />General Conduct <br />3. City of Redwood City agrees to refrain from publishing or communicating deceptive advertising <br />and/or promotional material. <br /> <br />Termination of A!!:reement <br />4. Should City of Redwood City fail to meet its contractual advertising commitment an/or breaches <br />any other provision in the Agreement, the SJMN shall have the absolute and immediate right to <br />suspend any and all of its obligations under this Agreement and/or terminate the Agreement <br />without penalty. <br /> <br />Payment of A!!:reement <br />5. SJMN shall provide City of Redwood City with an invoice in accordance with the terms of their <br />signed advertising contract entitled "Advertising Plan 2008 Bay Area News Group:' attached <br />hereto and incorporated herein by this rcference. Should City of Redwood City fail to pay said <br />invoice in full per the terms of the advertising agreement, SJMN shall have the absolute and <br />immediate right to suspend any and all of its obligations under this Agreement and/or terminate <br />this Agreement without penalty. <br /> <br />Indemnification <br />6. If and to the full extent permitted by law, City of Redwood City shall defend, indemnify and hold <br />the SJMN harmless against any and all claims and against any and all liabilities, demands, suits, <br />costs, losses or damages, including legal costs and attorneys' fees, arising from any claims, <br />demands, suits or judgments for libel, copyright infringement, invasion of privacy, false or <br />misleading advertising, or any other claims, demands, suits or judgments against the SJMN arising <br />out of or relating to the SJMN's obligations under this Agreement. except where caused by the <br />or willful misconduct ofSJMN. <br /> <br />Applicable Law <br />7. This Agreement shall be governed by and construed in accordance with the laws of the State of <br />California. <br /> <br />Modification of A!!:reement <br />8. No modification, waiver, or amendment of this Agreement shall be effective unless by express <br />written agreement signed by the SJMN and City of Redwood City. <br />