HomeMy WebLinkAbout2011-332 AS - News & Observer for Annual Calendar Event newsobserver,com n�
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NON PROFIT AGREEMENT
This Agreement is between the News &Observer&Triangle.com("N&O")and Orange County
("County"), by and through the Orange County Animal Services Department("Department")on
this the N day of bG t- ,2011.
I. Orange County Animal Services Department agrees to promote and sell the 2012
Adorable Pet Calendar produced by The News&Observer&Triangle.com in
conjunction with the 2011 Adorable Pet Photo Contest. The contest is held during the
month of u � 2011.
2. The Department may as a promotion include a link to the contest on their website,
advertise the sale of the calendar to their supporters and any provide other forms of
information on the contest that they may disseminate.
3. The N&O will provide 500 Calendars for the Department to use in fund raising.
Calendars will be available in early November just in time for holiday gift giving.
Additional calendars can be requested based on availability.
4. Calendars are to be sold by the Department for a$5 donation. One hundred percent
of the revenue from the sale of the calendars will remain in the possession of the
Department and no money will exchange between The News&Observer and the
Department for the calendars.
5. The News& Observer will also contribute 10% of all revenue generated from this
contest to the participants in the program. This revenue will be divided up equally
among organizations accepted into this program. This revenue will come from pet
registration and online voting and will be clearly explained in the contest rules.
6. To be considered for this program,the nonprofit must be a government agency that
relies heavily on private donations or prove they are a 501 c3 certified charitable
organization.
7. In the event calendars are not sold by December 15,2011, The N&O would like the
unsold calendars to be returned for redistribution to other organizations that may
have sold out of the calendars. It is important that all calendars are in the hands of
consumers for the benefit of sponsors of the program.
8. Any notices shall be sent and addressed as follows:
Robert A. Marotto, Director Cathy Wallace, Group Advertising Manager
Orange County Animal Services News& Observer and Triangle.com
1601 Eubanks Road 215 South McDowell Street
Chapel Hill,NC 27516 Raleigh,NC 27601
9. The Parties agrees to defend, indemnify, and hold harmless each other from all
losses, liabilities, claims, demands, suits, costs, damages or expenses (including
reasonable attorney's fees) arising from bodily injury, including death, to any person
or persons or damage to or destruction of any property caused in whole or in part by
any negligent or intentional act or omission on their part.
10. This Agreement may be terminated at any time by mutual written agreement of the
parties or by the County upon written notice to The News & Observer.
IL The parties have read this Agreement and agree to be bound by all of its terms, and
further agree that it constitutes the complete and exclusive statement of the
Agreement between the parties unless and until modified in writing and signed by the
parties. Modifications may be evidenced by facsimile signature.
12. Both parties agree that this Agreement shall be governed by the laws of the State of
North Carolina. Should either party initiate litigation to settle any dispute involving
the terms of this Agreement such litigation shall be initiated in the General Court of
Justice of North Carolina seated in Orange County,North Carolina.
IN WITNESS WHEREOF,Orange County and The News & Observer have signed this
Agreement, effective as of the day first written above.
For Orange County
( ° Il � 7 —I �
Frank W. lifton, Coun Manager Date
This instrument has been approved as to technical content.
Robert A. Marotto, Animal Services Director Date /
This i strt in nt been approved as to form and legal sufficien y.
t
Anne e M. ore, St f Attorney Date
For News&Observer and Triangle.com
Cathy Wal e, Group Advertising Manager Date