115-13 Memorandum of Agreement (2013) - Downtown Run with NOCC.pdf

115-13 MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT (hereinafter the "Agreement") is made and entered into as of this _____ day of June, 2013 , by and between TOWNSHIP OF WEST ORANGE (the “Township”), having an address of 60 Main Street, West Orange, New Jersey 07052 and the NATIONAL OVARIAN CANCER COALITION (“NOCC”), having an address of 2501 Oak Lawn Avenue, Suite 435, Dallas, Texas 75219. WITNESSETH WHEREAS, the Township, through the Downtown West Orange Alliance, annually sponsors the Downtown Classic 5K run along Main Street in the Township for charitable purposes; and WHEREAS, the Township has sponsored this run for many years and each year several hundred people have attended; and WHEREAS, the Township now desires to enter into an agreement that would allow the NOCC to participate in and benefit from this year’s Downtown Classic 5K run, which is scheduled to be held on Sunday, September 29, 2013 (the “Event”); NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. The Event shall be held on Sunday, September 29, 2013 from approximately 9:30 a.m. to 1:00 p.m. 2. The Township shall and hereby does agree to share with the NOCC, after subtracting any direct expenses incurred by either the Township and/or the Downtown West Orange Alliance, seventy percent (70%) of the net profits generated from the Event. The remaining thirty percent (30%) of the net profits shall be retained by the Township. It is anticipated that profits will be generated from the registration fee paid by participants of the Event and any donations received by either the Downtown West Orange Alliance or the NOCC, its members or agents. The NOCC shall be entitled to receive an accounting of the money raised from the Event prior to the disbursement of any funds. 3. The NOCC will provide its own publicity and fundraising efforts for the Event in coordination with the West Orange Downtown Alliance. The West Orange Downtown Alliance reserves the right to approve any and all publicity/fundraising material that is distributed in connection with the Event. Any use of the NOCC name, logo, or stationery in mailings, advertising, or for the media shall be pre-approved by the NOCC.