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or lessee of Contractor from the display of advertising material on or in the buses, herein <br />authorized. The gross revenues shall be calculated on the basis of total amounts <br />contracted for by the advertisers for the display of advertising materials, whether paid <br />directly to Contractor, to a subsidiary or affiliate of Contractor, or to a third party. Agency <br />fees or any other fees, whether actually paid by Contractor or whether deducted from <br />the amount of revenue received by Contractor shall not be deducted from gross <br />advertising revenues. The gross revenues shall include any amount, the equivalent of <br />which Contractor, a subsidiary or affiliate of Contractor, or a third party may have <br />received from the advertiser in the form of materials, services, or other benefits, tangible <br />or intangible. All agreements made by Contractor in connection with the display of <br />advertising material on or in said buses shall provide that the U.S. Department of <br />Transportation, the Comptroller General, County, or SRA shall have access to the books <br />of account and records of all parties to such agreements for the purpose of ascertaining <br />the correctness of gross advertising revenues. <br />2.c Contractor agrees to use its best efforts to obtain the fair market value for the display of <br />all advertising material. <br />2.d Contractor agrees to include in all i;s contracts for the display of advertising material a <br />standard provision requiring that should Contractor be held in default under this <br />agreement, Contractor shall assign and transfer to the successor contractor all applicable <br />contracts for advertising on GoLine/Community Coach items (i.e., buses- (internal and <br />external)), and such contracts shall thereupon become the property of the successor <br />contractor. <br />2.e Compensation shall be sent to County monthly within fifteen (15) days after the end of <br />the month except in the case of the last payment when compensation shall be paid <br />within thirty (30) days after the termination, cancellation or expiration of this Contract. <br />Each payment shall be based on the gross receipts for the month immediately preceding <br />the date of payment, which will include the percentage of gross advertising revenue plus <br />the minimum payment as identified in 2.a. <br />2.f Payments of compensation made by Contractor to County pursuant to the provisions of <br />this Contract shall not be considered in any manner to be in the nature of a tax, but shall <br />be in addition to all taxes of whatsoever kind or description which are now or which may <br />thereafter be required to be paid by any ordinance or local law of Indian River County or <br />any Municipality or City within County, or any law of the State of Florida or any law of <br />the Federal Government of the United States. Payment of compensation shall be in <br />addition to any permit fees required by law. <br />2.g In the event the Contractor fails to pay any of the monies required to be paid under this <br />contract within thirty (30) days after same shall become due, interest at the rate of 1.5% <br />per month, or eighteen percent (18%) per annum, shall accrue against the delinquent <br />payment(s) from due date until same are paid. Implementation of this provision shall not <br />F: Community Development\Usem\MPO\Transit\AdvtAising\2018 Procuremenffrensit Advertising Contract HNIAL.docx 2N <br />