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and correspondingly Prime would have no obligation to gain pre-approval by the City for those <br />particular advertising endeavors. <br />3. Contribution of Funds by City. <br />The City agrees to contribute to the Program up to the sum of $307,000.00 <br />The City will use these amounts to reimburse Prime for the City's share, which is <br />50% of the amount of the advertising costs incurred by Prime for the Program. The City will <br />make these payments within 30 days from receipt of an invoice submitted with copies of the <br />placed advertising. The City will hold the balance of unused funds in a liability account of the <br />City for the purpose of making payments to Prime under this Agreement until December 31, <br />2009, when any unspent funds will revert to the City's hotel occupancy tax fund balance. In no <br />event will the total of contributions by the City under this Agreement exceed a total of $ <br />307,000.00. <br />4. Advertising Placement; Program Costs; Payments. <br />A. Prime will pay for all advertising placed under this Agreement, and Prime <br />will provide the City with proof of the advertising and detailed copies of invoices associated with <br />the advertising. <br />B. The City shall have the right to review and approve expenses in advance <br />related to the Program to include, but not limited to, placement fees, agency fees, design and <br />production fees, in order to ensure the best possible rates can be obtained for the Program. The <br />City shall have 48 hours to respond, after notification by Prime; otherwise, its consent is deemed <br />approved. Objections to expenses must be made in writing, in advance of placement. No party at <br />any time shall unreasonably withhold its approval. <br />C. The City's contributions to the Program made pursuant to the Agreement <br />shall not be used to reimburse Prime for services provided by any of its officers, agents or <br />employees for any services it provides in connection with the advertising expenses incurred <br />under this Agreement. When placing media buys, all discounts, rebates, or added value shall be <br />re-invested into the Program. <br />Reports. <br />A. Prime shall provide the City with reports related to the Program containing <br />the following information, within 45 days after completion of each advertising campaign paid for <br />in whole or in part with funds under this Agreement: <br />An analysis of funds expended under this Agreement; <br />2. A listing of the advertising media used, the dates of use, and the <br />type of advertisements placed; and, <br />The number of print ad redemptions. <br />Page 2 of d <br />C \Documents and Settings'issewell\Local Settings\Temporary Internet Files'OLK2I\SM Prime Advertising Contract Final v1doc