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Vacation Rental Management Company
Vacation Rental Property
If you are a Hotel, Motel, Condo-Suite, Vacation Rental Company how many rooms or units would need Digital Displays?
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TERMS AND CONDITIONS


Owner hereby grants to Company the sole and exclusive right to install, operate, and service any and all present and future Digital Video Advertisement Screens and related equipment (collectively, the "DVASs") in the locations listed at the end of this Agreement throughout the term of this Agreement and any renewal(s) hereof. The purpose of the DVASs is to display advertisements in a visually prominent and appealing manner to Owner's customers. Owner and Company agree to perform this Agreement consistent with its terms and in a manner reasonably calculated to achieve this purpose.

Company agrees to provide Consideration to Owner.

The initial term of this Agreement shall commence upon the execution of the Agreement and the acceptance thereof by Company at its office, and shall continue for the Term. This Agreement automatically shall renew for an additional Term at the end of the initial Term and also at the end of each successive Term unless and until terminated by either party by giving written notice thereof to the other party at least one hundred eighty (180) days prior to the end of the then current Term.

Company shall supply and install the DVASs. Company has the exclusive right and authority to enter Owner's location(s) covered by this Agreement for the purpose of installing, servicing, repairing, or removing the DVASs as often as necessary, during normal business hours or emergencies. Each DVAS is to be installed in a location of Company's choice prominently visible to Owner's customers. Company will be responsible for installing each DVAS. Company will be responsible for any damages to Owner's property caused by Company's installation of the DVASs.

Owner, its successors and assigns, shall not grant the right to install, operate, service, or continue to operate any DVASs or any similar devices to any third-party, nor shall Owner purchase, lease, or otherwise acquire any DVASs or any similar devices for use at the locations covered by this Agreement.

For each DVAS, Owner shall, at its sole expense, contract for and/or provide a secure Internet connection by means of a router port and one (1) operating electrical power outlet (110v) (must be dedicated circuit isolated ground with surge protection), both of which must be within two feet of the location provided for the DVAS. Owner shall pay all charges incurred in connection with such Internet connection and electrical usage.

Company will service the DVASs as often as it, in its sole discretion, deems necessary to keep the DVASs in proper working condition. Company will service the DVASs during normal business hours. Service on Sundays, holidays, or other times will not be provided except as Company deems necessary. In the event that a DVAS is out of service, or not working properly in any manner, Owner agrees to notify the Company of same immediately. It is understood that the DVASs may be temporarily out of service due to mechanical or electronic malfunctions, labor disputes, acts of God, and/or any other cause beyond the control of Company. Company will use its best efforts to keep the DVASs in service but shall not be liable to Owner for service interruptions.

All DVASs installed or furnished by Company at any Owner location shall remain the sole and exclusive property of Company and shall not be considered part of the realty. Owner agrees to protect and defend Company's title to such DVASs and will keep the DVASs free and clear of any and all claims, liens, or other encumbrances of creditors or claimants against Owner. Upon the expiration or other termination of this Agreement, Owner shall return the DVASs to Company.

Owner shall take reasonable steps to prevent the damage, destruction, or theft of the DVASs and equipment. While the risk of loss for loss of, destruction of, or damage to the DVASs caused by vandalism, theft, smoke, fire, incineration, or other casualty lies with Company, Owner will make reasonable efforts to ensure that its customers do not interfere with, damage, or remove the DVASs. Owner will make reasonable efforts to collect compensation from its customers in situations where the customers are responsible for interference with, damage to, or removal of the DVASs.

No one other than Company or its designated representative is authorized to perform any service or maintenance on the DVASs. If Owner has the DVASs serviced by a third party, Owner assumes sole responsibility for all expenses incurred therewith and for any resulting damage to the DVASs.

Owner shall not move or relocate the DVASs without the prior express written consent of Company. During the term of this Agreement, Owner will not cause or permit the removal of, or attempt to remove, disassemble, or dispose of the DVASs or equipment, or withhold the same from Company. Owner will not turn off or disable the DVASs or permit the DVASs to be turned off or disabled. Owner will not cover or visually obstruct the DVASs or permit the DVASs to be covered or visually obstructed.

Owner will require its employees to make reasonable efforts to regularly and periodically determine if the DVASs are operating as intended; i.e., are turned on, displaying advertisements, and are not visibly obstructed. Specifically, Owner will, among other things, require its employees who are responsible for maintaining, cleaning, and inspecting the areas where the DVASs are located to ensure that the DVASs are operating, are clean, and are unobstructed.

In the event Owner transfers or moves its business from its current location, Owner will provide written notice thereof to Company not less than (30) days prior to any such event. All costs to transfer the DVASs are the responsibility of Company. Upon written approval of same by Company, this Agreement shall be automatically amended to apply to Owner's new location for the remaining term of this Agreement.

If Owner is leasing, as tenant, the premises upon which the DVASs are located, Owner hereby represents and warrants to Company that Owner has a lease agreement with the lessor of the premises which entitles Owner to occupy the premises for at least as long as the term of this Agreement.

If Owner vacates or is removed from the premises for any reason prior to the expiration of the term of this Agreement, or if Owner otherwise terminates this Agreement such that the DVASs are no longer operating in the premises, Owner agrees to pay to Company as liquidated damages an amount equal to Company's lost income for each DVAS no longer operating over the period remaining in the then current Agreement Term.

A waiver by Company of a breach of any provision of this Agreement shall not constitute a waiver or prejudice Company's rights to otherwise demand strict compliance with this Agreement and any and all provisions herein.

Owner shall not assign or in any way dispose of all or part of its rights or obligations under this Agreement without the prior written consent of Company.

Company reserves the right, in its sole discretion, to cancel this Agreement with respect to any or all of the DVASs if (a) the DVASs are vandalized, damaged, or misused; (b) Owner changes the location of its business; or (c) Owner sells or assigns its interest in the business.

Owner shall be in default under this Agreement if Owner breaches or fails to comply with any warranty, representation, or covenant contained in this Agreement, or if Owner discontinues its business, becomes insolvent, or becomes a debtor in any bankruptcy or insolvency proceeding. In the event of any such default, Company shall have the right, in its sole discretion, to terminate this Agreement and to remove the DVASs from the locations; provided, however, termination by Company does not impair any other rights or remedies Company may have, including recovery of damages.

Company will review all advertising content displayed on the DVASs for reasonable suitability for consumption by the general public; provided, however, that Company cannot represent, warrant, or guarantee suitability for every viewer.

Owner acknowledges and agrees that Company makes no warranty or representation with respect to the DVASs, their operation, or their condition. Company makes no implied warranty of merchantability or fitness for a particular purpose.

This Agreement shall not be construed as creating any kind of joint venture. This Agreement shall not be construed as creating any fiduciary relationship or fiduciary duty on the part of either party.

Company shall have no responsibility, obligation, or duty beyond those specifically expressed in this Agreement. No duties or obligations of Company shall be implied or inferred from this Agreement. Owner's sole remedy for any breach by Company of any term or condition of this Agreement shall be termination of this Agreement. In no event shall Company be liable or responsible for special, indirect, nominal, or consequential damages or lost profits, even if Company has been advised of the possibility of such damages.

Any modification of this Agreement must be in writing, signed by both parties.

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.

Any suit, arbitration, action, or proceeding relating to this Agreement shall be filed and maintained only in the appropriate forum in Wake County, North Carolina, and each party hereby waives any and all defenses relating to venue and jurisdiction.

If any suit or action is instituted by Company to enforce any of the terms of this Agreement, Company shall be entitled to recover its legal costs from Owner, including court costs, arbitration costs, mediation costs, and reasonable attorney fees and expenses.

This Agreement constitutes the entire agreement between the parties with respect to its subject matter. There are no other promises, representations, terms, conditions, or obligations other than those contained herein with respect to its subject matter. This Agreement supersedes all prior communications, representations, or agreements, oral or written, between the parties with respect to its subject matter and shall not be modified except in writing signed by the party to be charged therewith.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be deemed null and void without invalidating the remaining provisions hereof.

I agree to the above terms and conditions.