AMERICAN BUILDERS QUARTERLY YOUR PEERS. TODAY’S PROJECTS. THROUGH EVERY PHASE. 2015-2016 MEDIA KIT Mission American Builders Quarterly strives to be the voice of the US building industry. By talking to construction, design, and development executives who are shaping the industry, we advocate for innovation and improved business operations. By showcasing a full scope of current projects through multiple phases, we offer a comprehensive view of modern building trends and practices. IN EVERY ISSUE VISION A look at the creative ideas of today’s most imaginative building professionals BUILD When plans become reality, these companies are at the forefront NICHE A spotlight on the skilled labor that makes each project unique FINISHES Highlighting the designers and details that add the “wow” factor to a structure VIEW FROM THE TOP Interviews with leading executives in today’s construction industry REVISION What’s old can become new again, thanks to the innovations of these experts The National September 11 Memorial & Museum, Davis Brody Bond americanbuildersquarterly.com For more information, contact Titus Dawson P: 312.256.8462 E: [email protected] Readership The thousands who flip through the pages of American Builders Quarterly come from all sectors of the building and development industries, and they occupy a variety of positions up and down the corporate ladder. They are CEOs, CFOs, presidents, facilities managers, engineers, architects, interior designers, contractors, subcontractors, general counsel, and more. They want to know what’s going on across the rest of the industry and who to call on for work. That’s why they choose American Builders Quarterly. 17.2% 14.3% 21.5% 1.2% 3.1% 15.9% 12.9% 13.9% General Contractors Specialty Contractors Developers Facilities/Property Managers Corporate Executives Engineers Architects/Interior Designers General/Miscellaneous Dirk Lohan, Lohan Anderson americanbuildersquarterly.com For more information, contact Titus Dawson P: 312.256.8462 E: [email protected] Our Network Those featured in the pages of American Builders Quarterly run the gamut from leaders of small- and midsize specialty contractors to C-suite executives in charge of facilities and construction for large, renowned corporations. REVISION REVISION Darren Osti, Dreamworks’ vice president of real estate, facilities, and shared services, stands in front of the Glendale, CA, campus’s tranquil lagoon space, where employees can conduct outdoor meetings, have lunch, or simply relax and replenish their creative reserves. Darren Osti, Dreamworks Reinventing the Wheel Darren Osti has rethought the way DreamWorks employees work around a central hub, and his work has helped the company reach new heights TEXT BY MARY KENNEY PHOTOGRAPHY BY DREAMWORKS ANIMATION THE ROUND FOUNTAIN GLOWS BRIGHT BLUE AT NIGHT. It’s the hub of a wheel of oc h re buildings w it h a dist inct Mediterranean style. Nearby is a commissary, a game room, the DreamWorks store, a Starbucks, and an outdoor barbecue. When DreamWorks employees leave their offices to gather around the fountain, it comes alive. “When you go out to lunch, it’s a like a huge park,” says Darren Osti, vice president of real estate, facilities, and shared services. “People collaborate, play ping-pong, sit outside, and work with each other.” When Osti came to DreamWorks in 2008, he observed an energy in the employees that was obvious in their work, but that energy didn’t flow through their buildings or power their collaborative teams. He wanted to find a way to harness their passion for filmmaking in their physical environment. FEATURED CLIENTS INCLUDE ... Dane Parker, Dell 166 Jay Park, Facebook americanbuildersquarterly.com JAN | FEB | MAR 2015 VIEW FROM THE TOP VIEW FROM THE TOP ASSETS 706 David Weiss, DDR Corp. 416 MARKETS 174 Nina Desrocher, AECOM 105 DEBT-TO-MARKET CAPITALIZATION Mike Kruklinski, Siemens 87% 45% Darren Osti, Dreamworks AVERAGE DEBT MATURITY 4.5 years Jonathan Francom, Adobe 2.7 years NET OPERATING INCOME 90% Armen Vartanian, LinkedIn 70% Tim White, Meritage Homes AVERAGE RENT PER SQ. FT. $14 Chris Campton, HTI Polymer $12 128 David Weiss joined DDR in 1999 and was instrumental in helping the company realign its priorities in the wake of the 2008 recession. improve and overhaul its balance sheet. And, lastly, simplify its story and communicate its identity to the marketplace. One of DDR’s competitive advantages has always been its deep expertise in retail, and many on the company’s leadership team come from a retail background. “We know this space like no one else, and we’ve spent years building great relationships with tenants,” says Weiss, whose wife owns two retail locations. Leaders at DDR decided not to build or acquire smaller strip centers or neighborhood centers. They wanted instead to build a strategy around “power centers” by investing in prime properties in large, supply-constrained markets where high-credit, quality retailers dominate market share. “We concluded that we were not going to be everything to everyone,” Weiss says. “Instead, we focused on where we thought markets were moving the fastest and recalibrated our efforts to what consumers wanted.” DDR thus became laser-focused on the country’s top 50 metropolitan statistical areas (MSAs). With that decision firmly made, in 2010, DDR began aggressively selling nonprime assets in its portfolio that no longer conformed to its power-center thesis. The AREA POPULATION SCALE= FLEXIBILITY LAND AREA BUILDING AREA 1750K >350K >1,742.4K 1500K <200K MERCHANT TYPE Hardlines Softlines Entertainment Mass Merchants Home 1250K 1000K David Weiss, DDR 871.2K 750K 500K 435.6K 250K >350K ~125K Service Food $0 POWER CENTER NEIGHBORHOOD CENTER DDR has 15 properties in Puerto Rico, which has “a much different risk profile” than other regions of the United States. Among its assets there is the Plaza del Sol. americanbuildersquarterly.com JAN | FEB | MAR 2015 JAN | FEB | MAR 2015 129 VIEW FROM THE TOP Dana Polonsky (pictured here in Giordano’s flagship store in Chicago’s Gold Coast neighborhood) is a born-and-bred Chicagoan who considers herself lucky to have a job that allows her to not only live in the area but also travel all over the country. “You can’t get a feel for a [potential franchise location] by looking it up on Google Earth,” she says. “You have to be there, see what kind of traffic it gets, see who shops there, and understand what the area is like.” EXPANDING A CHICAGO PIZZA ICON Carole Randolph Jurkash, DTZ Keith Wolkoff, Paric Corporation Dana Polonsky, Giordano’s “I’m from Chicago and wanted to be part of this iconic brand.” Dana Polonsky Senior Director of Real Estate and Development Rhett Workman, American Airlines Photo: Sheila Barabad Geri Presti, Forest City Enterprises Thomas Gannon, American Express POWER CENTERS GROCERY-ANCHORED NEIGHBORHOOD CENTERS David Weiss Executive VP & General Counsel VIEW FROM THE TOP John Lucas, Juniper Networks Michael Monaldo, John Muir Health As opposed to smaller strip centers or neighborhood centers, power centers are prime properties in large, supply-constrained markets where high-credit, quality retailers dominate market share. Amy Dee, Netflix Ralph Crabtree, Baker Hughes David Williams, Davis Brody Bond “We concluded that we were not going to be everything to everyone. Instead, we focused on where we thought markets were moving the fastest and recalibrated our efforts to what consumers wanted.” POWER TO THE POWER CENTERS company then moved quickly to reinvest proceeds into prime shopping centers. The results began to show in 2012 and 2013: at the start of the process, DDR had 706 assets, and by the end of 2013, that number had fallen to 416. Additionally, the total number of markets that the company owned properties in dropped from 174 to 105 as it refocused its portfolio on core markets and the fastest-growing MSAs. Eventually, average base rent across DDR’s portfolio began to increase, as did leased rates, and the company turned the corner and started acquiring properties again. This time, however, it used a disciplined capital-allocation approach and only acquired properties that fit within its new, narrower strategic plan. To find ideal properties well suited to its streamlined acquisition strategy, DDR leveraged existing relationships to find off-market deals. “We don’t only look at assets on day one but instead look to where we can add value based on what our retail partners are looking for,” Weiss says. This new approach has also resulted in several redevelopment projects that will create additional value in the assets DDR already owns. With the portfolio transformation under way, president and CFO David Oakes began helping the company tackle issues on its balance sheet. DDR reduced its leverage and took other steps to lower its debt-to-market capitalization ratio from 87 to 45 percent. And, it extended its average debt maturity profile from 2.7 to 4.5 years. AREA IN SQUARE FEET 2010 vs. 2013: HOW DDR HAS CHANGED John Vazquez, Verizon Curt Wilhelm, Electronic Arts 167 Jay Park, Facebook Ryan Hill, Walgreens Neil Jurgens, Under Armour JAN | FEB | MAR 2015 108 JAN | FEB | MAR 2015 Say the name “Giordano’s” to Chicagoans, and you’ll immediately see their eyes light up and their mouths begin to water. The restaurant chain is one of the most recognizable in the pizza-proud city, its rich, savory pies feeding neighborhoods and suburbs throughout the entire metro area. It’s no wonder, then, that the company wants to extend its iconic brand (and the delicious pizza that goes with it) by firing up new ovens across greater swaths of the Midwest. To help get itself there, Giordano’s has chosen native Chicagoan Dana Polonsky to be its senior director of real estate and development. Polonsky brings a wealth of experience with her, having also aided in the expansions of Five Guys, Noodles & Co., and Caribou Coffee. by Annie Monjar americanbuildersquarterly.com JAN | FEB | MAR 2015 109 Dane Parker, Dell americanbuildersquarterly.com For more information, contact Titus Dawson P: 312.256.8462 E: [email protected] Our Advertisers American Builders Quarterly has provided a platform for more than 2,000 advertisers looking to reach a diverse audience of construction-industry leaders. A FEW OF OUR ADVERTISING CLIENTS ... AECOM Andersen Windows & Doors Baker Hughes Benjamin Moore Paint Company Caterpillar Cushman & Wakefield Chicago Title Insurance Company DEWALT Power Tools DLA Piper Goodyear Tire & Rubber Company Jones Lang Lasalle Mitsubishi Electric Priority Signs Procore Cloud-Based Software Sunbelt Rentals Tutor Perini Toshiba Walsh Construction Winthrop & Weinstein FOR MORE INFORMATION Contact Titus Dawson P: 312.256.8462 E: [email protected] FOR REPRINTS Contact Stacy Kraft P: 312.256.8460 E: [email protected] americanbuildersquarterly.com VIEW FROM THE TOP JOHN SATTELMAYER’S CAREER MILESTONES 1987 Graduates with a BS in food and lodging systems management from Southern Illinois University– Carbondale 1991 After working as a chef for several years, Sattelmayer joins Marriott International and eventually becomes its director of facilities management, spearheading the company’s move into facilities management at colleges, in office buildings, in hospitals, and in senior-housing developments 2011 Horizon Bay merges with Brookdale Senior Living, and Sattelmayer stays on for a little more than a year as the senior director of corporate development, working on repostioning the company's assets 2001 Moves to Horizon Bay Management for a turn as the firm’s senior vice president of facilities management; he helps the company start a program called Eco Friends to encourage 2012 Becomes the chief facilities director for the Laser Spine Institute recycling, energy management, and sustainability awareness Y ou might not think a culinar y internship at Walt Disney World would lead to a career in facilities oversight for a company specializing in senior living. But, John Sattelmayer has found it to be a logical progression. “You don’t go to college to be a facilities director,” he says. “You learn by doing a variety of different jobs and being very hands-on.” Indeed, Sattelmayer’s career has taken him from the kitchen to the hospitality industry to the world of senior housing, and now that he’s the senior vice president of facilities management for Enlivant, he’s relying on his rich experience to inform his decisions. ARCHITECTURE AND DESIGN-BUILD Arco Builders DWP Architects Gensler GreenbergFarrow Haskell Ikon.5 Architects Moz Designs Perkins+Will YWS Design & Construction VIEW FROM THE TOP 1996 Graduates with a masters in project management from the Keller Graduate Schoolsenior-housing developments Sattelmayer got his undergraduate degree in food and lodging systems management from Southern Illinois University–Carbon dale. His stint as a chef led to him learning how to run a food-service operation—which eventually led to work for Marriott as a facilities manager. Sattelmayer ran the company’s food-service operations on college campuses. “We reinvented campus food service,” he says. “College cafeterias are completely different from the way they were 20 years ago. Now you have things like pizza stations and pasta stations.” Marriott expanded into hospital cafeterias, then into other areas of hospitals such as maintenance when such functions began being outsourced. Then, the company branched into senior housing and applied its concepts of attentive customer service to senior residences. “I could see a future there,” Sattelmayer says. “So, I went back to school at night and got a master’s degree in project management. Marriott was a great training ground.” Sattelmayer took his expertise in senior housing to a company called Horizon Bay, and while there, he put together a program called 120 JULY | AUG | SEPT 2015 2013 Joins HCP, a Fortune 500 REIT, as its director of capital asset management 2014 Moves to Enlivant to become its senior vice president of facilities management and oversees maintenance, housekeeping, procurement, and food service for the company’s communities “You don’t go to college to be a facilities director. You learn by doing a variety of different jobs and being very hands-on.” John Sattelmayer SVP of Facilities Management Eco Friends. It encouraged recycling, energy management, and sustainability awareness, and Horizon Bay became the first company in the senior-housing sector to get an Energy Star award from the EPA. W hen Horizon Bay was bought out, though, Sattelmayer decided to go work for a company specializing in surgery centers. His job was to oversee facility operations, code compliance, project management, and construction, and the work pushed him to learn new skills and gain more expertise. “You’ve got to broaden your horizons to be in facilities management,” he says. His next career move took him to a Fortune 500 real estate investment trust, where he decided his real love was senior housing. So, then he made the move to Enlivant. “What drew me to the company was that they were creating small, quaint, intimate communities where people actually know their neighbors,” Sattelmayer says. “Some companies have huge facilities where the seniors are kind of warehoused. We’re not like that.” Sattelmayer and his team keep Enlivant’s approach from becoming stale by trying new things whenever possible. “While you do have to follow some procedures in senior housing to provide a safe environment and nutritious food, you don’t have to standardize everything,” he says. “We experiment with different things—foods and activities, for example—to see how the seniors respond. Not everything works, but we figure you’re never too old to try something new.” Sattelmayer’s responsibilities at Enlivant include overseeing maintenance, housekeeping, procurement, and food service for the company’s communities across the country. “We get a lot of feedback from the residents, the executive directors, our marketing people,” he says. “We’re constantly soliciting input. During staff meetings, we share solutions to problems and learn from each other. If one person describes a solution that worked, others often realize that the same solution could work for them, too.” In carrying out his procurement duties, Sattelmayer treats his vendors as partners. “By doing that, I get better vendor relationships and better pricing, which is better for our seniors,” he says. As an example, he cites the work his vendors did after a bad fire damaged Enlivant’s facility in Canby, Indiana. “Belfor, our restoration company, did a great job cleaning up the site, Branch Construction did the renovations, Indiana Carpet One Floor & Home handled the flooring, and Direct Supply did the interior design,” he says. “They made it very special for the returning residents. From start to finish, our partner vendors had the facility ready for the residents to return to in just three months!” Sattelmayer attributes much of Enlivant’s success to its employees. Staff members who demonstrate the company’s core values— compassion, excellence, humility, fun, and integrity—receive “missions,” “visions,” and “values” cards that thank and encourage them to continue their good work. “We’ve done a great job of hiring the right people for the right positions and giving them the tools they need to manage their responsibilities,” Sattelmayer says. “None of this excellent work could be accomplished without the dedicated team members who work directly with our residents.” As part of his job, Sattelmayer travels to the company’s many facilities around the country, and he stresses the importance of face-to-face communication with residents and says it’s a reward to see their smiles. On a recent trip to one facility, he came across a group of seniors who were still awake and engaging in a new tradition at an unusual hour. “They had formed their own little singing group that gets together every night,” Sattelmayer says. “Seeing that made me happy.” americanbuildersquarter ly.com JULY | AUG | SEPT 2015 121 ASSOCIATIONS/ORGANIZATIONS Nat’l Asssoc. of Women in Construction Ohio Capital Corporation for Housing BUILDING MATERIALS & FINISHES American Floor Coatings Contract Office Group Daltile Dirtt Disdero Lumber Co. ABC Supply Amico BMI Products DOKA USA Dryvit Systems First American Tile General Electric Glen-Gery Corporation HD Supply Waterworks Ltd. James Hardie Building Johns Manville Lily Jack Mohawk Group Owens Corning Pacific Building Systems Pella Windows and Doors ProBuild Rheem Manufacturing RJF (Metro Wall) Shaw Industries Sherwin Williams Steelcase Surya Thyssen Krupp Umicore Building Products ENGINEERING GENERAL CONTRACTORS AKF Group BEI Structural Engineers Cupertino Electric DSI Engineering IEA Jacobs Engineering Clark Construction Company Construction Enterprises, Inc. DPR Construction Gardiner & Theobald Hunt Construction Group James E. Fitzgerald JE Dunn Construction Lend Lease McKenny’s, Inc. Novo Construction Plaza Construction Span Construction & Engineering Structure Tone Swinerton Builders Turner Construction XL Construction FINANCIAL Citi Community Capital Bank of America Merill Lynch First National Bank of Commerce HFF Lasalle Group PNC Bank Sun National Bank TCF Commercial Banking Wells Fargo REAL ESTATE CBRE Colliers International DTZ Newmark Grubb Knight Frank Paramount Group LEGAL Asmar, Schor & McKenna Jones Walker Kirkland & Ellis Landrum & Brown Latham & Watkins Ogletree Deakins Watt Tieder Hoffar & Fitzgerald For more information, contact Titus Dawson P: 312.256.8462 E: [email protected] Rates & Deadlines Print Digital PLACEMENTS iPad ADVERTISEMENT 2-Page Spread 1X2X4X6X $15,500 $13,950 $13,175 $12,400 Full Page $7,750 $6,975 $6,588 $6,200 1/2 Page $6,050 $5,445 $5,143 $4,840 1/4 Page $4,115$3,704$3,498 $3,292 Advertisements appear adjacent to the feature in the iPad edition of American Builders Quarterly (available through the Apple App Store). Ads must designed in a vertical format and saved as a high-resolution .pdf. Static (Image linked to site) $4,500 e-Newsletter Banner ads appear alongside the monthly e-Newsletter sent to ABQ subscribers. Ads must be saved as .jpg, .png, or .gif files. 1 Month PREMIUM PLACEMENTS $1,500 ADVERTISEMENT1X2X4X6X Website Back Cover $9,050$8,145$7,693$7,240 Banner ads appear alongside the feature article posted on americanbuildersquarterly.com. Ads must be saved as .jpg, .png, or .gif files. Inside Back Cover $8,525$7,673$7,246$6,820 3 Months (For the run of the issue) Inside Front Cover $8,913$8,022 $7,576 $7,130 Unlimited (For the lifetime of the feature) PRINT DEADLINES $1,500 $3,750 DIGITAL DEADLINES ISSUE 1, 2016 ISSUE 2, 2016 ISSUE 1, 2016 ISSUE 2, 2016 07/17/15 Reservation Close 07/24/15 Materials Close 01/01/16 On-Sale Date 10/09/15 Reservation Close 10/16/15 Materials Close 04/01/16 On-Sale Date 11/27/15 Reservation Close 12/04/15 Materials Close 01/01/16 On-Sale Date 02/26/16 Reservation Close 03/04/16 Materials Close 04/01/16 On-Sale Date ISSUE 3, 2016 ISSUE 4, 2016 ISSUE 3, 2016 ISSUE 4, 2016 01/22/16 Reservation Close 01/29/16 Materials Close 07/01/16 On-Sale Date 04/08/16 Reservation Close 04/15/16 Materials Close 10/01/16 On-Sale Date 05/27/16 Reservation Close 06/03/16 Materials Close 07/01/16 On-Sale Date 08/26/16 Reservation Close 09/02/16 Materials Close 10/01/16 On-Sale Date Specs & Guidelines Print REQUIREMENTS Digital File & Contract Proof: Must be clearly indicated as to Issue, Publication and Advertiser. SPREAD Bleed 17.25” x 11.25” Bleed Trim 17” x 11” Non-BleedN/A FULL PAGE/COVER Bleed Bleed Trim Non-Bleed 8.75” x 11.25” 8.5” x 11” 7.5” x 10” PRINT/IPAD FILE FORMAT The only file format supported by ABQ is a press-ready .pdf. We will NOT accept any native application files such as InDesign, Quark, or Illustrator. Materials should be supplied on a Macintosh-formatted CD-ROM or DVD-ROM. Materials should comply with SWOP standards. 1/2 PAGE Bleed Bleed Trim Non-Bleed N/A N/A 7.5” x 4.9375” 1/4 PAGE Bleed Bleed Trim Non-Bleed N/A N/A 3.6785” x 4.9375” Keep safety 3/8” from bleed, 1/4” from trim PRINT AD NOTES FOR BLEED SPECS Keep safety 3/8” from bleed, 1/4” from trim. ABQ is sheetfed offset, perfect bound. Publication trim size: 8.5” x 11”. DIGITAL AD NOTES Website and e-Newsletter ads must be saved as .jpg, .png, or .gif files. PREFERRED COLOR GUIDANCE Please provide Kodak Approval, CREO Spectrum, or iris digital proofs for color guidance on press. The supplied color guidance must meet all SWOP specifications and must include a 6mm 5%, 25%, 75% and 100% CMYK patch strip for quality control. All proofs are to be pulled on publication grade stock. A set of two laser proofs (paginated) the crop marks must be sent with materials. On bleed ads and undersized non-bleed ads, provide separate ruled position proof showing trim. SENDING ADS VIA FTP Artwork may be sent to our FTP address. You will need to use an FTP program, such as Transmit (www.panic. com) to send us your ad via FTP. You will also need the following log in information: server: www.guerrerohowe.com username: uploads password: 531256 Questions? Call 312.447.2399 FILE STORAGE Digital files will be stored for a period of 3 months, after which they will be destroyed unless written instructions are received to return them. Digital DIGITAL NON-BLEED iPad e-Newsletter Website 1536 x 2048 px 170 x 690 px 160 x 600 px americanbuildersquarterly.com PRODUCTION CONTACT / MATERIALS All advertising materials, questions regarding materials and extensions, and related matters should be directed to: Cheyenne Eiswald Guerrero Howe Production 825 W Chicago Ave. Chicago, IL 60642 [email protected] For more information, contact Titus Dawson P: 312.256.8462 E: [email protected] Terms & Conditions A. All advertising placements with American Builders Quarterly (“ABQ”) are subject to and governed by these terms and conditions. ABQ reserves the right at its absolute discretion, and at any time, to cancel any advertising order or reject any advertisement, whether or not the same has already been acknowledged and/or previously published. In the event of such cancellation or rejection by ABQ, advertising already run shall be paid for at the rate that would apply if the entire order were published. In the event of Advertiser’s or its Agency’s cancellation of any portion of any advertising order not in compliance with the terms hereof or failure to have published the specified number of advertisements, or if at any time ABQ in its reasonable judgment determines that Advertiser is not likely to publish the total amount of advertising specified in the applicable advertising order, any rate discount will be retroactively nullified and result in a short-rate. In such event, Advertiser and/or Agency must pay ABQ the short-rate (which is the difference between the rate charged on the contracted frequency and the higher rate based on the reduced frequency of advertisements actually published) within 30 days of invoice therefore and Advertiser will thereafter pay for advertising based on the standard advertising rates of ABQ as set forth in the then current media kit. Any merchandising program executed by ABQ in reliance on advertising that is cancelled will be paid for by Advertiser at the fair market rate for such program (including all costs and expenses incurred by ABQ). B. Advertising orders that contain rates that vary from the standard rates of ABQ shall not be binding on ABQ unless approved in writing by an authorized officer of ABQ. In the event any non-standard rates are not approved in writing by an authorized officer of ABQ, the standard rates shall apply to such order at the discretion of ABQ. C. Advertisements that simulate editorial content must be clearly defined and labeled “ADVERTISEMENT” and ABQ may, in its discretion, so label such copy. D. Orders for advertising containing restrictions or specifying positions, facings, editorial adjacencies or other requirements may be accepted and inserted, but such restrictions or specifications are at ABQ’s sole discretion. E. In no event shall ABQ’s liability with respect to any order exceed the total amount paid to ABQ for such order, including any liability resulting from the errors or omissions of ABQ. In no event shall ABQ be liable for special, incidental, consequential or punitive damages. americanbuildersquarterly.com F. The following items apply to furnished inserts: (1) an accurate facsimile or electronic version of any furnished insert must be submitted to ABQ for review on or prior to the dates established by ABQ for the applicable publication; (2) ABQ is not responsible for errors or omissions in, or the production quality of, furnished inserts; and (3) Advertiser and/or Agency shall be responsible for any additional costs or expenses incurred by ABQ arising out of Advertiser’s and/or Agency’s failure to deliver furnished inserts pursuant to ABQ’s specifications or time requirements. G. Advertiser and/or Agency shall remain liable for the full advertising rate in each of the following instances: (1) ABQ is unable to publish an advertisement as a result of Advertiser’s and/or Agency’s failure to comply with ABQ’s specifications or time requirements (in which case, ABQ shall not be required to run any generic or other advertisement); (2) the failure of Advertiser and/or Agency to cancel the applicable order in accordance with the cancellation requirements contained herein (in which case, ABQ shall not be required to run any generic or other advertisement); and (3) the cancellation or termination of the applicable feature story. H. All matters with respect to any advertising order will be governed by the laws of the State of Illinois applicable to contracts to be performed entirely therein. Any action brought by Advertiser or Agency against ABQ must be brought in the state or federal courts in Chicago, Illinois; the parties hereby consent to the jurisdiction of such courts. I. Advertiser and its Agency, if there be one, each represent that any advertising (including product samples) submitted to ABQ complies with all applicable laws and regulations and does not vaiolate the rights of, and is not harmful to, any person, corporation or other entity. As part of the consideration to induce ABQ to publish such advertisement, Advertiser and its Agency, if there be one, each agrees jointly and severally to indemnify and save harmless ABQ, and its employees, owners and representatives, against all liability, loss, damage, and expense of any nature, including attorneys’ fees and court costs, arising out of any actual or potential claims for libel, invasion of privacy, copyright or trademark infringement and/or any other actual or potential claims or suits that may arise out of the copying, printing, publishing, distribution or transmission of such advertisement. J. In the event an order is placed by an Agency on behalf of Advertiser, such Agency warrants and represents that it has full right and authority to place such order on behalf of Advertiser and that all legal obligations arising out of the placement of the advertisement will be binding on both Advertiser and Agency. K. Advertiser and its Agency, if there be one, agree to be jointly and severally liable for the payment of all amounts charged by ABQ for each advertisement. Advertiser authorizes ABQ, at its election, to tender any invoice to Agency, and such tender shall constitute due notice to Advertiser of the invoice and such manner of billing shall in no way impair or limit the joint and several liability of Advertiser and Agency. Payment by Advertiser to Agency shall not discharge Advertiser’s liability to ABQ. The rights of ABQ shall in no way be affected by any dispute or claim between Advertiser and Agency. L. Advertiser or Agency may not use any advertising space either directly or indirectly for any business, organization, enterprise, product, or service other than that for which the advertising space is provided by ABQ, nor may Advertiser or Agency authorize any others to use any advertising space in such manner. M. An advertising order may be cancelled by Advertiser or Agency providing written notice of such cancellation to ABQ no later than the 3rd day after the contract date, which shall be the earlier of the date of the applicable advertising contract or the date the applicable insertion order is received by ABQ. In the event of any order cancellation, Advertiser and Agency shall remain liable for the full advertising rate (except as otherwise provided herein) and shall reimburse ABQ for the cost of any work performed or materials purchased on behalf of Advertiser, including the cost of services, paper and/or printing. N. Advertiser and/or Agency agrees to reimburse ABQ for its attorneys’ fees and costs in collecting any unpaid amounts for any advertisement order. O. Advertiser and Agency agree that any advertisements published may, at ABQ’s sole option, be included in all forms of media, whether now in existence or hereafter developed, in which the article, feature, issue or other writing (regardless of the form of such media) containing the advertisement is published, reproduced, distributed, displayed, performed, or transmitted, in whole or in part; provided, however, ABQ shall not be required to include (1) any advertisement originally published in one form of media in any other form of media regardless of any additional publication, reproduction, distribution, display, performance or transmission of the original article, feature, title, issue or other writing containing or otherwise related to such advertisement, or (2) any advertisement originally published with or in connection with any article, feature, issue or other writing in any additional publication, reproduction, distribution, display, performance or transmission of such article, feature, issue or other writing. The copyright in any advertisement created by ABQ is owned by ABQ, and may not be otherwise used by Advertiser or third parties without ABQ’s prior written consent. P. Except for rates agreed to in writing by Advertiser and ABQ, advertising rates and units of space for each order shall be at the standard rates set forth in the media kit on the date the applicable insertion order is received by ABQ. Q. Any Agency commissions are the sole obligation and liability of the applicable Advertiser. R. Terms of sale: Payment is due by the earlier of (1) the listed due date in the applicable advertising contract for the particular advertisement and (2) 45 days from the date of the applicable advertising contract. Notwithstanding anything to the contrary contained herein or the applicable advertising contract, in the event full payment is not received by ABQ on or prior to the due date as provided in this subsection, the advertising rates for the applicable contract and advertisements shall increase to the standard rates set forth in the then current media kit and full payment of such amount shall be immediately due and owing; provided, however, in the event the advertising rates for the applicable advertising contract and advertisements are already based on the standard rates set forth in the then current media kit, interest will be charged on the outstanding balance at 2.0% per month. S. ABQ has not made any representations to Advertiser or Agency that are not contained herein. No addition or alteration to these terms and conditions shall be valid or enforceable unless expressly agreed to in writing by ABQ. Unless expressly agreed to in writing by ABQ, no other terms or conditions in contracts, orders, copy, instruction, or other documents furnished by or on behalf of Advertiser or Agency (regardless of when received by ABQ) will be binding on ABQ. For more information, contact Titus Dawson P: 312.256.8462 E: [email protected]
© Copyright 2024