It is agreed AS FOLLOWS

A. The Babbler (“THE BABBLER”) has reserved the right at its absolute discretion and at any time to cancel or reject any advertising order. In addition, THE BABBLER reserves the right to refuse any advertisement(s) which is libelous, promotes academic dishonesty, contains references to alcohol or sexual behavior, violates any federal, state or local laws, or encourages discrimination against any individual or group on the basis of race, sex, age, color, creed, religion, national origin, disability or sexual orientation and which does not follow the guidelines set forth by Lipscomb University.

B. In the event of errors in the omissions of any advertisement(s), including those caused by force majeure, THE BABBLER’S liabilities shall not exceed the value of the advertisement that ran in the publication. It is the policy of THE BABBLER to run a “make-good advertisement” in the next issue of the publication. THE BABBLER is not responsible for errors in key numbers.

C. THE ADVERTISER and its Agency, if there be one, each represent that any advertising (including product samples) submitted complies with all applicable laws and regulations and does not violate the rights of, and is not harmful to a person, corporation or other entity. As part of the consideration to induce THE BABBLER to publish such advertisement(s), the Advertiser and its Agency, if there be one, each agrees jointly to hold THE BABBLER and its employees and representatives harmless against all liability, loss, damage, and expense of any nature, including attorneys’ fees arising out of any claims for libel, invasion of privacy, copyright or trademark infringement, and/or any other claim or suit that may arise out of the copying, printing, publication, distribution or transmission of advertisement.

D. All issues relating to advertising will be governed by the laws of the State of Tennessee applicable to contracts to be performed entirely therein. Any action relating to advertising must be brought in the state or federal courts in Tennessee and the parties herby consent to the jurisdiction of such courts.

E Terms of sale: Payment due thirty (30) days from the date of invoice. Interest will be charged at rate of 15% per month on past due balances.

F.The Advertiser and/or Agency agrees to reimburse THE BABBLER for its attorney’s fees and costs in collecting any unpaid charge or portion of the charge for any advertisement.

G.This Contract shall constitute the full agreement of the parties and any amendments to the Contract shall be invalid and void unless agreed upon in writing by both parties Its is understood that this Contract shall supercede all prior agreements whether written or oral, between the parties and relating to the subject matter of this Contract.

H.If any portion or portions of this Contracts shall be, for any reason, invalid or unenforceable, the balance of this Contract shall be carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto.

IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. Signing parties warrant they are authorized to bind their organization or institution to comply with all terms and conditions herein.