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HomeMy WebLinkAboutRES 13-094 RESOLUTION NO.13-094 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Promotional Agreement with Academy Sports + Outdoors for the acceptance of a donation of goods and supplies for the Beaumont Police Department's Bike Rodeo. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, 2013. it, 1A I - j6k*� t C� ayo Becky Ame - ll )bAcadem SPORTS+OUTOtxo a.SOY PROMOTIONAL AGREEMENT Recipient Name and City of Beaumont — Police Department, P.O. Box 3827 Beaumont, TX 77704 (409) Address, Contact 880-1092 information Event Name/Description Beaumont Bike Rodeo(youth bicycle safety event) Date of Event Saturday, May 4, 2013 Promotional Consideration Donation of 500 bicycle safety lights to Recipient Benefits to Academy To support a community initiative geared toward youth safety and exercise Terms and Conditions Academy Sports+Outdoors,Inc. ("Academy"), 1800 North Mason Road,Katy,TX 77449 will provide to the recipient organization listed above("Recipient")the Promotional Consideration described above in accordance with these terms and conditions. 1, Recipient has developed an event(the"Promotion")that may include the award or delivery of one or more prizes, provided by Academy in the form of Promotional Consideration, during the event set forth above. The Promotion will be operated and conducted exclusively by Recipient including the fulfillment and delivery of any prizes,the creation, registration(if necessary)and publication of any official rules governing the Promotion,the administration of the Promotion,compliance with all governing or related laws,rules and regulations,and the publication of all related advertisements. Recipient warrants, represents, and guarantees to Academy any rules or terms related to the Promotion shall comply with all applicable laws and regulations during the Promotion. 2. Each Party agrees to grant the other a limited license to use its names,logos and related trademarks("Marks")for advertising and promotional purposes in connection with the Promotion. The description of the Promotional Consideration and all uses of Academy's logo and/or trademark(s)in the Promotional Materials shall be subject to Academy's prior approval. Academy and Recipient acknowledge that neither party has any other interest or rights In the other's trademarks. 3. Academy shall not be liable or responsible for any loss or unavailability of any Promotional Consideration for any reason. Recipient agrees to release and hold Academy harmless for any failure to deliver or provide any Promotional Consideration due to any reason other than Academy's gross or willful negligence. In no event shall Academy be liable to Recipient, its affiliates, or their respective directors, officers, employees, agents or subcontractors, for any harm whatsoever, including any incidental, indirect, consequential, or special damages,arising from any delay or failure to provide any Promotional Consideration or the use or misuse of any Promotional Consideration. 4. Nothing contained in this Agreement shall be deemed or construed a joint venture or partnership between the parties hereto. Neither party is, by virtue of this Agreement, authorized as an agent,employee or legal representative of the other party hereto.Neither party shall have any power or authority to commit or bind the other party. Neither party may assign its rights or obligations under this Agreement to any other party without the written consent of the other. The provisions of this Agreement shall be severable and the invalidity of any provision, or portion thereof,shall not affect the enforceability of the remaining provisions. This Agreement sets forth the entire agreement between the parties and may not be amended except in a writing signed by both parties. The persons signing this Agreement shall have all legal authority and power in their respective capacities to bind Recipient and Academy. Any disputes arising under this Agreement must be first mediated in Houston,TX,and then if no resolution results from mediation either party may pursue a claim in the federal or state courts located exclusively in Harris County Texas,and applying exclusively Texas law,except that each party is solely responsible for its own attorney's fees. Neither party will be liable for failure to perform due to force majeure. "ACADEMY" "RECIPIENT" By: By: Its: Date: Its: Date: 44896_1 EXHIBIT "A"