“Help us to stay online by your kind donation.
Every penny will help.”
Radio Station Reciprocal Trade Agreement
Company/Address Of Radio Station, hereinafter referred to as Station, and Name/Address Of Company, hereinafter referred to as Company, on this _____________ day of ___________ 20 __, do hereby agree to the following:
Station agrees to furnish to Company $------ in Broadcast time (subject to station policy) to be entirely run between (date) at (time) and (date) at (time). Minimum to be run each month is (times); maximum to be run each month is (times).
Broadcast Time. Broadcast time will be charged at $------ on Rate Card in effect when broadcast time is run, and will be non-commissionable. Broadcast time accepted under this Agreement is pre-emptible, without notice.
Type of Services. Company agrees to furnish to Station the amount of $------ in materials or services as follows:
Value received in material or services will be determined by
(state and/or describe).
Each of the parties to this Agreement shall render to the other a monthly invoice which will in effect itemise time, material or services used by the other party. Failure to do so will constitute a breach and failure to perform.
Right of pre-emption. Company agrees that his purchase, and if permitted by this contract, resale or assignment of the rights to broadcast time purchased under this contract, is subject to Station's right to pre-empt such time when Station determines, in its absolute discretion, that each pre-emption is necessary in order to fulfill its obligations as a licensee under the (Government Radio Communications Act of ____,) as amended;
(a) perform promises as to public service or non-commercial broadcasting in accordance with undertakings made by Station to Federal Radio Communications Commission;
(b) or substitute broadcast matter of National or Local importance in the public interest. Station further reserves the right to pre-empt time purchased under this contract for any other reason, in its absolute discretion.
Company agrees that any time re-sold or assigned by it to advertisers, if permitted in this contract, will be resold:
(a) On terms and conditions prohibiting further sale or assignment of the time, and
(b) Only after written notification to such advertisers that all sponsors, products or advertising copy submitted for broadcast by Station are subject to approval or rejection by Station, in its entirety of absolute discretion, and advertising time may be pre-empted when Station determines, in its absolute discretion, that such pre-emption is necessary.
Indemnification. Company shall indemnify Station from any claims related to its products, or advertising copy submitted to for broadcast by Station.
Amendments of this agreement shall be by mutual consent of the parties only in writing.
Arbitration. Any disputes pertaining to the the said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver Of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
No Representations. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
Interpretation. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
Advice Of Legal Counsel. Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
This is the entire agreement between the parties and may be altered only by an instrument in writing.
Executed on the date as first above written at (City/State).
*** If Required By State Law ***
This Section for Notary:
State of _________
County of ________ [COUNTY]
On [DATE] before me, [NAME OF NOTARY], notary, personally appeared [NAME OF PERSON(S) INVOLVED], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
My commission expires: _____