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The Miami Herald Media Company (Referred to as "MHMC") One Herald Plaza, Miami, Florida 33132-1693 RETAIL ADVERTISING AGREEMENT Advertiser: Address: 18070 COLLINS AVE, STE 250_ Company: CITY OF SUNNY ISLES BEACH City/State/Zip: SUNNY ISLES BEACH, FL33160-3635 Term of Agreement. 1'1 Run Date: I sl day of 9/21/2008 until: Contract End Date: 9/20/2009 RETAIL ADVERTISING IN THE MIAMI HERALD AND THE BROWARD EDITIONS OF THE MIAMI HERALD. BULK LINEAGE (AUTOMATIC ANNUAL RENEWALS) Retail Bulk advertising in the MIAMI HERALD Retail Bulk Advertising in EL NUEVO HERALD X Retail Bulk Advertising in the MIAMI HERALD/EL NUEVO HERALD COMBO . FREQUENCY (NOT SELF-RENEWING) PART RUN PRODUCTS _X_NEIGHBORS_ FLEXIBLE FREQUENCY with a minimum of with a minimum of with a minimum of O()e() , inches annually. inches annually. inches annually. FULL RUN PRODUCTS HERALD TV WEEK Publish advertising _times within a maximum of INTERNA T10NAL EDITION Publish advertising _ times within a maximum of PREPRINT ADVERTISING weeks. weeks. Publish advertising _52_times within a maximum of _52_weeks. Flexible Frequency Part Run ROP contracts entitle advertiser to the frequency level stated above for any combination of advertisements in any of the following products: -Neighbors -Dade/Broward Weekend -Broward Food -Broward Tropical Life -Broward Local -Other -Broward Business Monday -Viernes Publish advertising _times within a maximum of WEEKEND Publish advertising _times within a maximum of _weeks weeks. Publish advertising _times within a maximum of _ TROPICAL LIFE (Full Page) Publish advertising _times within a maximum of weeks -De Fiesta/Estilo -Sa bores -Viva Mas COMICS For pari run packages, (AulO Care. Knife & Fork, Everylhingfor Kids, Dislinclive Dining, and Broward Heallh & Filness), the same frequency rates apply, however the 3-part package counts as only one appearance for frequency contractfulfillment purposes. Full Run frequency contract advertisers may receive the corresponding Part run frequency rate for all above listed product, but any such part run advertising will not count toward satisfying a full run commitment. Payment Terms. All invoices (including applicable sales taxes) are due on the 20th of the month following insertion(s)and ifnot paid by the 30th day of the month following the date ofinsertion(s) will be late (except for accounts designated by MHMC as weekly which are due within 7 days of the invoice date). Late amounts will bear interest at the maximum rate allowed by law. Advertiser shall pay all applicable taxes. Ifany invoice is not timely paid, then MHMC reserves the right to suspend its performance at any time and/or cancel this Agreement without notice. In the event of such a cancellation, all charges for advertising since the I st Run Date will be re-invoiced to reflect the Corrected Rate, as described herein. All disputes of any kind must be reported in writing to MHMC no later than 30 days from the date the invoice containing such disputed item or such item will be deemed correct and conclusively accepted by Advertiser. Advertiser waives any claim after said 3D-day period. Submission of a written dispute notice by Advertiser shall not relieve Advertiser of its obligation to timely pay all undisputed amounts. Credits, refunds or payments must be used or claimed within 2 years from the date of such credit, refund or payment or shall be deemed to have been earned and correctly applied or paid. Unless agreed in writing, multiple discounts shall not apply for the same advertising purchase. MHMC is not obligated to extend credit to Advertiser unless in writing. If Advertiser breaches this Agreement, Advertiser agrees to pay all of MHMC's collection agency fees and expenses, investigation. court and litigation expenses along with attorney fees equal to the greater of: (i) 25% of the amount owed, or (ii) the amount awarded by the court. Sunday circulation and advertising rates will apply to the following holidays: New Year's Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Obligations of Advertiser. Advertiser agrees to indemnify MHMC for any and all costs, claims, damages, and/or liability claimed against or incurred by MHMC as a result of MHMC's publication of any ad copy submitted by Advertiser (or submitted on behalf of Advertiser) to MHMC. Advertiser represents, warrants and guarantees that any ad copy so submitted to MHMC is accurate, truthful and in compliance with all copyright laws and all other applicable laws and regulations. Waiver of Jury Trial. In any action to enforce or interpret this Agreement, Advertiser and MHMC waive a trial by jury. Additional Terms and Conditions. This Agreement is subject to: (i) the Advertising Terms and Conditions attached hereto; the applicable MHMC rate card; and, (iii) MHMC's publication deadlines, policies and procedures, all as amended by MHMC from time to time. Rates may be amended by MHMC upon 30 days' written notice to Advertiser. Agreed and Accepted in Miami, Florida, to be effective as of the I st Run Date set forth above. A legible facsimile COPYOfth.is Agr7eme It wh5JfllllY execlIte;ys. hall e considered an original copy oflhis Agreement. AdPlrtiser: J /i/JA / THE MIAMI HERALD MEDIA COMPANY By: i'/:-!{l;1/. . (tJ(/~/-:V"ff) (M st be signed by Principal of Firm) , By: Title: I'Y\ A~()~ Advertising Manager Print Name: NOR mA-~ S. ~~tL ~ u f> weeks MHPC Internal Use Only: Account No: Agency: Rev 6-26-06 Sales Rep Name: New Account E5l Renewal E5l .~! B Exhibit "A"