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ADVERTISING PROGRAM AGREEMENT <br /> This agreement (the "Agreement"} is being entered into effective October 1, 2016, <br /> between the City of San Marcos (the "City") and Tanger Properties Limited Partnership <br /> ("Tanger"). <br /> RECITALS <br /> 1. WHEREAS,Tanger is the owner and operator of the Tanger Factory Outlet Center in <br /> San Marcos,Texas(the"Tanger Outlet Center");and, <br /> 2. WHEREAS, the City derives significant revenues from retail business and tourism <br /> activity in the City;and, <br /> 3. WHEREAS, in order to ensure the continued success of the San Marcos outlet mall <br /> area,to enhance revenue to the City from retail business and tourism activity,and to increase the <br /> number of tourists staying in the City's hotel and motel facilities, Tanger has offered to use its <br /> professional services and efforts to facilitate a joint advertising program (the "Program")with the <br /> City. <br /> AGREEMENT <br /> NOW THEREFORE, in consideration of the mutual promises and covenants contained <br /> herein and good and valuable consideration,receipt of which is hereby acknowledged, the parties <br /> agree as follows: <br /> 1. Development of Advertising Program. <br /> A. Tanger will facilitate the media planning and buying for the Program, developed in <br /> collaboration with the City towards which City funds are to be contributed, in coordination with • <br /> the City Manager or his designee. Tanger agrees to use these funds with its best professional <br /> efforts for the implementation of the Program to promote retail business and tourism activity in <br /> the City generally, at attractions in the area of the City, and at the Tanger Outlet Mall. The <br /> Program will include a preliminary advertisement/promotion concept, media schedule and <br /> advertising plan for each fiscal year of the City during the term of this Agreement,being the period <br /> each year from October 1 through September 30. <br /> B.Once initial development of the Program for a particular year is complete, Tanger will <br /> prepare a proposal and provide a copy to the City Manager. The City Manager(or designee)will <br /> provide comments,changes, and objections,if any, on the Program to Tanger within ten business <br /> days after receiving the proposed Program,after which all matters not changed or objected to will <br /> be deemed approved by the City. Once the Program for a particular year is approved Tanger may <br /> execute advertising contracts in accordance with the Program. <br /> • <br /> C. Tanger will incorporate the City's adopted brand or logo into all advertising programs <br /> initiated under this Agreement. <br /> Pagel of4 <br />