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4. PAYMENT TERMS <br /> A. In consideration of the rights and privileges granted under this Agreement,the Contractor shall <br /> make payments to the City as follows: <br /> Percentage Payments per Month during the Agreement <br /> • 52.00%of billings per month in the first 12 month period <br /> • 52.00%of billings per month in the second 12 month period <br /> • 52.00%of billings per month in the third 12 month period <br /> • 52.00%of billings per month in the fourth 12 month period <br /> • 52.00%of billings per month in the fifth 12 month period <br /> Guaranteed Payments per Year during the Agreement <br /> • $50,000.00 in the first 12 month period <br /> • $50,000.00 in the second 12 month period <br /> • $50,000.00 in the third 12 month period <br /> • $55,000.00 in the fourth, 12 month period <br /> • $55,000.00 in the fifth 12 month period <br /> If the total of the payments for any year(12-month period) does not exceed the guaranteed <br /> payment amount,then the Contractor shall pay the City the amount of the difference. <br /> B. The percentage payment shall be based upon the monthly billings by the Contractor and not <br /> upon monthly receipts.Contractor bears the responsibility for all uncollectible billing,except in <br /> the case of a legally filed bankruptcy. <br /> C. The guaranteed payment and the percentage payment rate shall be appropriately adjusted,by <br /> mutual consent of the parties, in the event that the City eliminates buses or adds buses to its <br /> fleet. <br /> D. The Contractor shall furnish the City each month a copy of the client billing and at the same time <br /> shall remit to the City the percentage payment for that month,or the guaranteed payment for <br /> the year(12 month period),as specified above. <br /> E. The Contractor shall honor the year one(1)obligation of$5,000 sponsorship for the City's <br /> Holiday Initiative. <br /> S. OBLIGATIONS OF CONTRACTOR <br /> A. The City hereby grants to the Contractor the exclusive right and privilege to solicit,sell,and <br /> display advertising on the interior and exterior of buses operated by the City.The Contractor <br /> shall operate to maximize the revenue generated from such advertising.The Contractor shall <br /> provide this service in accordance with this Agreement. <br />