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CM-09-02-018CO S 011 2009 Advertising Contract for Round Rock Convention and Visitors Bureau The purpose of this agreement is to set forth the terms and conditions of the arrangement between the Round Rock Convention and Visitors Bureau and the Ryan -Sanders Baseball for the 2009 season. During the 2009 baseball season, the Ryan -Sanders Baseball in conjunction with Fox Sports Southwest will televise the Astros Minor League Game of the Week. The Astros Minor League Game of the Week will be a total of eleven (11) games, including the Hooks versus Houston Astros Exhibition Game over the regional sports broadcaster's network. There will be six (6) Round Rock Express games and five (5) Corpus Christi Hooks telecasts. Fox Sports Southwest Ryan -Sanders Baseball will provide the Round Rock Convention and Visitors Bureau with the following elements on the Astros Minor League Game of the Week broadcast on the Fox Sports Network Southwest > One - :30 second commercial in each game broadcast / total of 11 spots. Triple A All-Star Game The Round Rock Express will provide the Round Rock Convention and Visitors Bureau with one (1) :30 second commercial in the Triple A All-Star Game on Wednesday July 151h. The Triple A All-Star Game will be played in Portland, Washington and will feature the Triple A All Stars from the international League versus the Triple A All Stars from the Pacific Coast League. The game will be broadcast live nationally on ESPN television. Triple A Championship Game The Round Rock Express will provide the Round Rock Convention and Visitors Bureau with one (1) :30 second commercial in the Triple A Championship Game on Tuesday September 22nd. The Triple A Championship Game will be played in Oklahoma City, Oklahoma and will feature the 2009 Champions of the International League versus the 2009 Champions of the Pacific Coast League. The game will be broadcast live nationally either on ESPN television or MLB Network. TERMS AND CONDITIONS If the Express fail to make available the services to be provided to Round Rock Convention and Visitors Bureau herein, Round Rock Convention and Visitors Bureau shall be entitled to a refund of advertising costs on a pro rata basis. Such fraction shall be multiplied by the payment required to be made by Round Rock Convention and Visitors Bureau herein and the sum resulting therefore shall be the sole remedy available to Round Rock Convention and Visitors Bureau. The Express and the Hooks reserve the right to refuse to provide any services which it shall determine to be offensive, inappropriate, immoral, or for any reason. it is mutually understood that no agreement or promise has been made in reference to this contract that is not stated herein or attached hereto and that there is no verbal understanding of any kind that can in any way affect the terms of this contract. In consideration of the acceptance of this advertising order, recognizing advance expenditures, and because of the necessity of reserving space for the entirety of the baseball season, I hereby agree that no part of this contract can be countermanded or cancelled. The term of the agreement will commence upon completion of signed Letter of Agreement and conclude on November 30, 2009. The term will include the Round Rock Express Baseball Club and Corpus Christi Hooks Baseball Club baseball season of 2009. Round Rock Convention and Visitors Bureau will have first right of refusal on all inventory items included in this agreement until the conclusion of the agreement on November 30, 2009. PAYMENT TERMS: 2009 Round Rock Convention and Visitors responsibility Eight thousand dollars ($8,000) Due and payable May 15, 2009 - $4,000 Due and payable July 15, 2009 - $4,000 Payments will be invoiced by the Round Rock Express Baseball Club and shall be paid to: Round Rock Express 3400 East Pahl Valley Bind. Round Rock, Texas 78665 Payments shalt be made upon receipt of an invoice. Round Rock Convention and Visitors Bureau agrees to pay any cost that the Round Rock Express Baseball Club incurs because of failure of payment, including attomey's fees. Signature Page ound Rock Jim ' se, City Manager 221 East Main Street Round Rock, TX 78664 . &e DATE RYAN -SANDERS BASEBALL Dave Fendrick VP / General Manager 3400 East Palm Valley Blvd Round Rock, TX 78765 512-238-2203 dfendrick rrexpress.com //z r�0 DATE