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sign. In addition, CITY will pay for the sign including any graphics on the sign. <br /> However, it shall be the responsibility of the SPONSOR to EFear any expense <br /> should changes be requested to the sign during the term of tLis agreement. <br /> c. It is agreed between the CITY and the SPONSOR that all f 'ld signage will be <br /> uniform in size and no other scoreboard sponsorship signago will be placed at the <br /> FACILITIES that exceeds 24"x 120". <br /> d. It is agreed between the CITY and the SPONSOR that the FACILITIES will be <br /> maintained by the CITY and that FACILITIES will be kept functional and <br /> maintained on a regular basis. <br /> e. It is agreed that the CITY reserves the right to remove SPO SOR's signage and <br /> obtain a new sponsor in the event of failure of payment on e part of the <br /> SPONSOR. <br /> 111. Assignability and Exclusivity <br /> a. This agreement is a privilege for the benefit of SPONSOR olily and may not be <br /> assigned in whole or in part by SPONSOR to any other per n or entity. <br /> IV. Miscellaneous Provisions <br /> a. No modification of this Agreement shall be effective unless t is made in writing <br /> and signed by the authorized representatives of the parties ereto. <br /> b. This Agreement shall be construed under and in accordance xith the laws of the <br /> State of Arkansas and venue for any litigation concerning t 's Agreement shall be <br /> in Independence County, Batesville, Arkansas. <br /> c. Nothing in this Agreement shall be construed to make the CITY or its respective <br /> agents or representatives liable in situations it is otherwise ' une from liability. <br /> d. In case any one or more of the provisions contained in this greement shall for <br /> any reason be held invalid, illegal or unenforceable in any ree pect, such invalidity, <br /> illegality, or unenforceability shall not affect any other provision thereof and this <br /> Agreement shall be construed as if such invalid, illegal, or enforceable <br /> provision had never been contained herein. <br /> e. Each party represents to the other that the individual signin;!this Agreement <br /> below has been duly authorized to do so by its respective governing body and that <br /> this Agreement is binding and enforceable as to each party. <br /> IN WITNESS THEREOF,the parties have executed this Agreement on thc''day and year set forth <br /> below. <br /> 2 <br />