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i considered objectionable by the SRA or COUNTY, shall likewise be removed after notice to ! CONTRACTOR by the PROJECT MANAGER. i If the disapproved material is not removed within the time prescribed, COUNTY may cause i said material to be removed and CONTRACTOR shall pay all costs and expenses incurred to have said material removed. COUNTY shall not be liable for any damages in connection therewith. Refusal by CONTRACTOR to remove said material shall be considered a default of this Contract. The Amended Agreement shall then be considered as terminated by the corrective action on the part of COUNTY including reimbursement of all costs and expenses to COUNTY. If, after prior PROJECT MANAGER approval, the ad content is subsequently deemed to be unacceptable, CONTRACTOR shall have the capability to recoup its costs for production and installation of the disapproved material. CONTRACTOR shall have the right to deduct these amounts from its monthly payment to COUNTY. 1.06 All dated messages or messages featuring a special event shall be removed within seven (7) days of the date shown on the advertisement or date of the event. 1.07 CONTRACTOR shall at all times comply with any policy, program, rule, ordinance or resolution adopted or enacted by COUNTY, and as may be amended from time to time, relating to COUNTY's policy on advertising/speech on the bus fleet. In the event that COUNTY shall determine that no Public Service Announcements may be made and/or that only commercial speech shall be permitted, CONTRACTOR shall adhere to and enforce ! COUNTY's policy and shall take all steps necessary to remove any non-conforming advertisements, statements, exhibits, etc. 1.08 CONTRACTOR shall not solicit or engage in any form of advertising on bus stop signs, bus shelters, benches, trash receptacles, or any other fixed bus stop amenities, unless authorized by the PROJECT MANAGER. 2. COMPENSATION TO COUNTY 2.01 On a monthly basis, CONTRACTOR shall pay as compensation to COUNTY, without set off, deduction, diminution, reduction, abatement or counterclaim, except as expressly provided herein, the following: 2.01.1 The specified minimum monthly payment as specified in Exhibit B; plus 2.01.2 The percent of CONTRACTOR's gross advertising revenues as defined below and as specified in Exhibit B attached. 2.02 The gross advertising revenues referred to above shall be the gross revenues derived by CONTRACTOR, or any subsidiary, affiliate, agent, assignee, contractor, licensee, transferee or lessee of CONTRACTOR from the display of advertising material on or in the buses, herein authorized. The gross revenues shall be calculated on the basis of total amounts contracted for by the advertisers for the display of advertising materials, whether paid directly to CONTRACTOR, to a subsidiary or affiliate of CONTRACTOR, or to a third party. Agency fees or any other fees, whether actually paid by CONTRACTOR or whether 10 F•\Attorney\Bill\Senior Resource Association(SRA)\Transit Advertising Contract clean 2015.docx 55