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fl All materials created by The Seattle Times Company or a designated TO ANY ADVERTISEMENT AND RELATED MATTER
<br /> provider on behalf of Advertiser(excluding any third-party WILL BE CONTINUOUS, FREE OF ERRORS,
<br /> intellectual rights)to fulfill the services in this agreement are owned OR WITHOUT INTERRUPTION, OR THAT THE
<br /> by the Company and any use of those materials by Advertiser outside CONTENTS OF THE WEBSITE, INCLUDING BUT
<br /> of the services of the agreement requires written permission and may NOT LIMITED TO INFORMATION,SOFTWARE,
<br /> be subject to additional fees.Any third-party materials or media OR OTHER ACCESSIBLE MATERIAL,WILL BE FREE
<br /> supplied by The Seattle Times Company in the fulfillment of this OF VIRUSES OR OTHER HARMFUL COMPONENTS
<br /> agreement are non-transferable and may not be used by Advertiser OR MATERIALS. Neither the Seattle Times Company
<br /> outside of the services of this agreement. nor the operator of its partner sites will be liable for
<br /> g)The Seattle Times Company and/or the operator of its partner sites any failure to publish or display all or any portion
<br /> reserves the right to designate any advertisement,which, in the sole of an advertisement or of advertising contracted
<br /> opinion of The Seattle Times Company, resembles editorial content for, if such failure is due to acts of God,strikes,
<br /> accidents,war or other circumstances beyond
<br /> or pages on our online network,as"advertising."All ads which The Seattle Times Company's or operators
<br /> resemble news or editorial content or pages on our online network will of its partner sites' control.
<br /> be clearly set apart and distinguished from editorial content.
<br /> The use of typefaces,colors, page layouts, photographs, captions or c)Any purchase order, insertion order, copy
<br /> other elements usually associated with our printed newspaper or online instructions or other document of Advertiser/
<br /> network and in a manner that may mislead the reader, is not permitted. Agency pertaining to the online advertiser contract
<br /> h1 EXCEPT AS PROVIDED IN THIS PARAGRAPH, NEITHER THE SEATTLE shall not modify, contradict, or otherwise change
<br /> TIMES COMPANY NOR THE OPERATOR OF PARTNER SITE(S)WILL this advertising Contract or the applicable rate card.
<br /> BE LIABLE FOR ANY DAMAGES RESULTING FROM ERRORS IN, In the event of any inconsistency,the advertising
<br /> OR FAILURE TO PUBLISH OR DISPLAY ADS, INCLUDING BUT NOT Contract and applicable rate card shall control.
<br /> LIMITED TO, INCIDENTAL, CONSEQUENTIAL,SPECIAL, GENERAL, d)Waiver of any terms and conditions for a particular
<br /> PRESUMED OR PUNITIVE DAMAGES OR LOST PROFITS.THE SOLE advertisement shall not constitute waiver
<br /> AND EXCLUSIVE REMEDY OF THE ADVERTISER/AGENCY FOR ANY as to any other advertising and may not be asserted
<br /> ERROR IN, OR NON-PUBLICATION OF,AN AD SHALL BE LIMITED or relied upon as modification or amendment of this
<br /> TO A PRO RATE CREDIT FOR SUCH ADVERTISING, PROVIDED THAT Contract.Any conditions other than those set forth
<br /> THE ADVERTISER/AGENCY HAS PAID FOR THE AD CONTAINING in this Contract and the current rate card in effect
<br /> ERROR OR WHICH WAS NOT PUBLISHED. If the Seattle Times must be made in writing and attached to this
<br /> Company is unable to cause the operator of the site(s)to provide Contract.The Seattle Times Company will not
<br /> advertising on the schedule set forth in the insertion order because be bound by any conditions, printed or otherwise,
<br /> of Advertiser or its Agency's act of omission,The Seattle Times appearing on order blanks or copy instructions that
<br /> Company and operator of its partner sites shall be entitled to full conflict with any portion of the applicable Rate Card
<br /> payment of all charges for such advertising. No allowance other than or this Contract.
<br /> herein specified shall be made for imperfect display or omission el Any legal action arising from or related to this
<br /> of key numbers.
<br /> Contract must be filed in an appropriate court within
<br /> i)The Seattle Times Company may refuse to accept ads received after King County,Washington.
<br /> normal deadlines and is not responsible for errors in ads if accepted fJ This Contract cannot be transferred or assigned
<br /> after normal deadlines. without written consent of The Seattle Times
<br /> GENERAL Company
<br /> a)The Advertiser and Agency agree,jointly and severally,to indemnify CONFIRMATION OF LIABILITY
<br /> and hold The Seattle Times Company and its respective affiliates a)The organization named on this Contract
<br /> and their officers,agents and employees harmless from all costs, confirms direct and primary liability for payment
<br /> expenses(including reasonable attorney fees), liabilities and damages of all advertising services.The named organization
<br /> arising from the publication or distribution of any advertisement. will remain liable for services rendered prior
<br /> This includes,without limitation,claims or suits for libel, privacy to receipt of written notice of cancellation.
<br /> violation,copyright or trademark infringement,deception,or any other
<br /> legal violation. b)The Advertiser/Agency agrees that the contract
<br /> b)ADVERTISER/AGENCY ACKNOWLEDGES THAT ACCESS TO THE signer is legally authorized to bind the Advertiser/
<br /> INTERNET AND WORLD WIDE WEB IS SUBJECT AT ALL TIMES Agency for advertiser costs.Unincorporated
<br /> TO INTERRUPTIONS AND DELAYS AND THAT NEITHER THE businesses will continue to be individually bound
<br /> SEATTLE TIMES COMPANY NOR THE OPERATOR OF ITS PARTNER if the business is later incorporated unless
<br /> SITE(S) IN ANY WAY WARRANTS OR REPRESENTS THAT ACCESS otherwise agreed to by The Seattle Times Company.
<br /> 2
<br /> alhc Seattle 6111 s!MEDIA SOLUTIONS Contact us: 206.652.6700
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