AGREEMENT FOR PUBLICATION OF
MEMORIAL INFORMATION
This Agreement for Publication of Memorial Information is entered into by and between BESD, Inc., dba Pioneer Loan & Jewelry (“Pioneer”) and ______________________________
(“Sponsor”) effective ___________________________, 20___.
RECITALS
WHEREAS, Sponsor is authorized to and has requested Pioneer to provide a Memorial Device to be located on the exterior or interior of a Building of Pioneer’s choosing in Pioneer’s sole discretion; and
WHEREAS, Pioneer is willing to provide the Memorial Device under the terms and conditions set forth hereinbelow; and
WHEREAS, the parties wish to memorialize their agreement herein.
NOW, THEREFORE, in consideration of the Recitals set forth above, the promises and forbearances contained herein and other good and valuable consideration, the receipt of which is hereby acknowledge, the parties agree as follows:
1. Sponsor warrants, represents and agrees to indemnify Pioneer as more specifically set forth hereinbelow that Sponsor has full authority to cause publication of the name, rank and serial number and other information with respect to the individual for which Sponsor seeks a Memorial Device on behalf of the following veteran: __________________________________.
2. At the time of this request, and upon execution of this Agreement, Pioneer may, but shall not be obligated to require Sponsor to provide to Pioneer an unaltered, true and correct copy of the Veterans DD214 and authorizes Pioneer to obtain information therefrom for publication on the Memorial Device.
3. Sponsor represents and warrants to Pioneer that Pioneer may rely upon all information provided by Sponsor to Pioneer including, but not limited to, the copy of Veterans DD214 provided from Sponsor to Pioneer (if required) in all respects in preparing the Memorial Device.
4. Sponsor undertakes sole responsibility for the content of the information contained in the Memorial Device and represents and warrants that: (1) Sponsor is authorized to grant permission for the publication and to use the information or depiction provided to Pioneer; (2) that Sponsor has the right to use any and all depictions and names in the Memorial Device; and (3) that the information provided to Pioneer is in conformance with all applicable laws or regulations, including, for example, licensing requirements and administrative or professional rules and regulations. Sponsor agrees to indemnify Pioneer and any authorized agent thereof, as to any attorneys’ fees, expenses, losses or damages which Pioneer may sustain in publishing the Memorial Device. Pioneer reserves the right, but does not accept any obligation, to reject or revise the Memorial Device at Pioneer’s option if Pioneer has, or receives, any objection concerning the Sponsor’s right to publish the information submitted.
5. Sponsor understands and agrees:
(a) Occasional errors and/or omissions in publication may occur,
from time to time which cannot be immediately corrected;
(b) Any potential harm from an error or omission in the publication
of the Memorial Device is speculative in nature;
(c) Pioneer assumes no responsibility other than that specifically
contained in this Agreement.
THEREFORE, FOR MUTUAL CONSIDERATION, SPONSOR AGREES THAT ANY LIABILITY WHICH PIONEER MAY HAVE DUE TO ERRORS OR OMISSIONS IN THE PUBLICATION OF THE MEMORIAL DEVICE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND NO MORE AND THAT SAID LIABILITY SHALL BE DISCHARGED BY THE REMOVAL OF THE MEMORIAL DEVICE WITHIN THIRTY (30) DAYS OF WRITTEN NOTICE TO PIONEER FROM SPONSOR OF THE ERROR OR OMISSION. THIS LIMITATION OF LIABILITY APPLIES TO PIONEER, ITS AGENTS, EMPLOYEES AND AFFILIATED COMPANIES. IT APPLIES TO CLAIMS IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND TO ANY LOSS INCURRED. IT ALSO APPLIES TO ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND TO ANY CLAIM AGAINST SPONSOR BY ANY THIRD PARTY REGARDING THE MEMORIAL DEVICE. IT IS AGREED THAT THE MEMORIAL DEVICE IS INTENDED ONLY FOR THE BENEFIT OF SPONSOR AND THAT THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT.
The above is in lieu of any other express or implied warranties including any warranties of MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. This Agreement contains the entire agreement between the parties
and any prior or concurrent agreements with regard to the subject matter hereof and all
agreements, covenants, representations or warranties of the parties, express or implied, oral or
written, with regard to any subject matter contained herein. No other agreements, covenants,
representations or warranties, express or implied, oral or written, have been made by any party to
the other with respect to the subject matter of this Agreement. All prior and contemporaneous
conversations, negotiations, possible and alleged agreements and representations, covenants and
warranties with respect to the subject matter hereof are waived, merged herein and superseded by
this Agreement.
7. This Agreement shall be enforced and construed under the internal laws of the State of Nevada and any action or other proceeding arising under or in connection with this Agreement shall be brought in the District Court, Clark County, Nevada. The prevailing party in any such action shall be entitled to an award of its reasonable attorneys’ fees and costs incurred to be determined by the Court or tribunal of such action.
8. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed the foregoing Agreement to be effective the date and year first above written.
BESD, Inc., a Nevada corporation “SPONSOR”
dba PIONEER LOAN & JEWELRY
By_____________________________ By___________________________
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