sample="quota" bates="ATX040055394" isource="atc" decade="1990" class="ui" date="19910308" O-U-M MASTER BILLING CONTRACT AGENCY MEMBER OF A.A.A.A. LAURENCE, CHARLES, FREE & LAWSON 260 MADISON AVE NY NY 10016 CONTRACT NO. 001 DURING THE PERIOD MAY01/91-JUNE30/91 PAGE 1 DATE: MAR08/91 OUTDOOR ADVERTISING CO.- 8039,01 PATRICK MEDIA GROUP CLIENT ATC AMERICAN TOBACCO CO. POSTERS TEL 512-654-5591 TERMS- LESS AGENCY COMM.. 16.66 PCT MARKET TX, SAN ANTONIO METRO PATRICK MEDIA GROUP ATTN- BILL HOPPER 4366 CENTER GATE DRIVE SAN ANTONIO, TX 78217 CONTRACT RATE BASIS RATE DESCRIPTION 10,830.00 GO SHOWING 0 REC, 38 ILLUP 50 SHOWING $10,830.00/MONTH x 2 = $21.660.00 0 REC. 38 ILLUM 1991 MAY JUN ORDERED 01 01 RESERVED * CLIENT TOTALS * 21, 660.00 SAN ANTONIO ADI (BLXAR/COMALL/GUADALUPE COUNTIES) SHOWINGS ARE TO BE SKEWED TO MALE COVERAGE. (BULL DURHAM) PATRICK MEDIA GROUP 4366 CENTER GATE DRIVE SAN ANTONIO, TX 78217 SUBJECT TO CURRENT A·A·A·A· TERMS & CONDITIONS COPYRIGHT CONTRACT. ALL LOCATIONS SUBJECT TO PRIOR APPROVAL OF ADVERTISER AND/OR AGENCY. THE ATTACHED RIDER IS PART & PARCEL OF THIS CONTRACT. THE COMPANY ACKNOWLEDGES THAT THE AGENCY IS AN INDEPENDENT CONTRACTOR AND NOT AN AGENT OF THE AMERICAN TOBACCO COMPANY AND THE COMPANY AGREES TO HOLD THE AGENCY SOLELY LIABLE FOR PAYMENT REFUNDER. ALL LOCATIONS SUBJECT TO PRIOR APPROVAL BY ADVERTISER AND/OR AGENCY. THE AGENCY (UNDERSIGNED) HEREBY CONTRACTS WITH THE ABOVE INDICATED PLANT (COMPANY) FOR THE POSTING AND MAINTENANCE (SERVICE) OF OUTDOOR ADVERTISING POSTERS (POSTERS) ON OUTDOOR ADVERTISING POSTER PANELS OWNED OR CONTROLLED BY THE COMPANY IN THE MARKETS LISTED ABOVE ON BEHALF OF THE ADVERTISER AND PRODUCTS NAMED HEREIN, UPON ALL THE TERMS AND CONDITIONS SET FOURTH BY THE CURRENT A.A.A.A. TERMS AND CONDITIONS 1986 COPYRIGHT CONTRACT. RIDER TO OUTDOOR POSTER DISPLAY CONTRACT NO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS MODIFY AND SUPPLEMENT THE PROVISIONS OF THE ATTACHED AAAA OUTDOOR POSTER DISPLAY CONTRACT. (THE CONTRACT) BETWEEN AND LAURENCE, CHARLES, FREE & LAWSON, INC. (LCF & L) AND FORM AND INTEGRAL PART OF THE CONTRACT. 1. NOTWITHSTANDING THE LANGUAGE OF PARAGRAPH 1.1 OF THE CONTRACT, IF PPI OR ATCO SHOULD, FROM TIME TO TIME, FIND IT NECESSARY TO SHIP POSTERS UP TO FIVE (5) DAYS PRIOR TO THE POSTING DATE, COMPANY AGREES TO POST ALL SUCH POSTERS IMMEDIATELY UPON RECEIPT THEREOF, UNLESS OTHERWISE INSTRUCTED BY AN AUTHORIZED REPRESENTATIVE OF PPI OR ATCO. 2 PARAGRAPH 2.3 (B) OF THE CONTRACT IS DELETED AND THE FOLLOWING SUBSTITUTED THEREFOR 2.3 (B) COMPANY AND ANY THIRD PARTY WHICH CONTROLS THE DISPLAY LOCATIONS SHALL HAVE THE RIGHT TO REJECT ANY ADVERTISING MATERIAL SUBMITTED BY AGENCY. IF AGENCY, IN ITS SOLE JUDGMENT, SHOULD DEEM SUCH REJECTION TO BE UNREASON-ABLE, ARBITRARY, OR CAPRICIOUS, OR IF, FOR ANY REASON, ITS POSTERS ARE NOT POSTED, OR POSTED IN A LOCATION NOT APPROVED BY AGENCY OR ADVERTISER, AGENCY SHALL HAVE NO OBLIGATION TO PAY FOR THE SERVICE FOR WHICH THE NON-POSTED OR WRONGFULLY POSTED MATERIAL HAS SUBMITTED AND SHALL HAVE THE RIGHT TO TERMINATE THIS CONTRACT IN WHOLE OR IN PART. 3. PARAGRAPH 3.1 (C) OF THE CONTRACT IS HEREBY DELETED IN ITS ENTIRETY, AND THE PROVISIONS THEREOF SHALL BE OF NO FORCE AND EFFECT AS BETWEEN THE PARTIES. 4. NOTWITHSTANDING THE LANGUAGE OF PARAGRAPH 3.2(B) OF THE CONTRACT, IN THE EVENT OF CANCELLATION BY AGENCY AND COMPANY AT A POINT IN TIME WHEN ADVERTISING UNDER THIS AND ANY PRIOR OUTDOOR POSTER DISPLAY AGREEMENT BETWEEN THE PARTIES HAS RUN THE TWELVE (12) CONSECUTIVE MONTHS IMMEDIATELY PRECEDING SUCH CANCELLATION, THEN NO SHORT RATE CHARGE SHALL BE IMPOSED. 5. PURSUANT OF PARAGRAPH 3.3 (A) OF THE CONTRACT, THE COMPANY SHALL SUBMIT TO PPI A LISTING OF ALL DISPLAY LOCATIONS IN AFFIDAVIT FORM. 6. PARAGRAPH 3.5 (A) OF THE CONTRACT (INDEMNIFICATION) SHALL BE DEEMED TO APPLY TO ALL DIRECTORS, OFFICERS AND EMPLOYEES OF BOTH PPI AND ATCO. 7. COMPANY AGREES TO PAY PPI A COMMISSION EQUALLING 16 2/3 OF GROSS BILLING LESS APPLICABLE DISCOUNTS TO ATCO., IF ANY. AGREED AND ACCEPTED LAURENCE, CHARLES, FREE & LAWSON, INC. (CONTINUED) PLEASE SIGN AND RETURN PINK COPY TO AGENCY. ACCEPTED BY PLANT BY AUTHORIZED AGENCY SIGNATURE PER B. CHANDLER