ADVERTISEMENT AGREEMENT

AGREEMENT

BETWEEN
CFTM GROUP
AND

UNIQUE SOLUTIONS

September, 2016

AN AGREEMENT made the 18st day of May in the year Two Thousand and Sixteen (2016)
BETWEEN
CFTM GOUP, with its head office situate at Kanifing (GRTS Building), KMC, Republic of
The Gambia (hereinafter referred to as Advertiser) of the one part
AND
UNIQUE SOLUTIONS, a company incorporated in The Gambia whose principal place of
business is at Serrekunda, KMC Republic of The Gambia (hereinafter referred to as Service
Provider) of the other part.
WHEREAS:
1. The Advertiser has granted and Service Provider has accepted an Advertisement Agreement
subject to the performance and observation by Service Provider of the terms, conditions and
stipulations contained in this Agreement.
NOW IT IS HEREBY AGREED as follows:
1. Definitions:
In this Agreement unless the context otherwise requires:
Airport means the Banjul International Airport, Yundum;
Parties means the Advertiser and Service Providers;
Person includes natural persons, companies corporations and firms;
Term means the period granted by clause 3 and includes any extension of this period as may
be granted;
1.2 Unless the context otherwise requires, references to a clause are to a clause of this
Agreement and reference to the Schedule is to the Schedule to this Agreement.
1.3 Words importing the singular meaning where the context so allows include the plural
meaning and vice versa.
1.4 Words of one gender include both genders.
1.5 The paragraph headings in this Agreement are for convenience only and do not affect its
interpretation.
1.6 References to a statute or a provision of a statute, rule or regulations include any statute,
rules or regulations or a provision of a statute, rule or regulation amending consolidating or
replacing it for the time being in force.
1.7 Words denoting an obligation on a party to do any act matters or things include an
obligation to procure that it be done, and words placing a party under a restriction include an
obligation not to permit or allow infringement of the restriction.

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1.8 Any consent or approval of the Advertiser required under this Agreement is required to be
obtained before the act or event to which it applies is carried out or done and is effective only
if the consent or approval is given in writing.
2. The Agreement
2.1 The Advertiser hereby grants and Service Provider hereby takes an Advertisement
agreement in respect of:
2.1.1 Providing 4G internet installation in Banjul International Airport and
2.1.2 Providing 4G internet in CFTM Groups head office in Kaniging, GRTS Building
3. The Term
The Agreement shall commence on or before the 15 th day of September 2016 and shall
continue for a period of 1 (one) year, the 15 th day of September 2017 unless sooner
determined in accordance with clause 4 or extended by mutual agreement between the parties.
4. Termination
4.1 This Agreement may be terminated by either party giving three months notice in writing
to the other party.
4.2 Notwithstanding clause 4.1, this agreement may be terminated by either party
immediately on giving notice in writing to the other party to that effect and without payment
of compensation in any of the following events:
4.2.1 If the other party fails or neglects to offer the services agreed to be provided at any time
during the continuance of this Agreement; or
4.2.2 If any payment to be made under this Agreement or any part thereof shall be in arrears
and remain unpaid for a period of thirty days after the same shall have become payable
whether demanded or not;
4.2.3 If the other party commits a breach of any of the terms, provisions, stipulation,
covenants or conditions herein; or
4.2.4 If the other party shall enter into voluntary liquidation (excepting for the purpose of
reconstruction) or suffer presentation of a petition against it for compulsory winding up or
shall make any composition with its creditors or shall suffer execution against its goods and
chattels; or
4.2.5 If the other party shall lose the ability to offer the services in clause 2 and in the opinion
of the other party the service hereby intended to be provided is gravely affected thereby.
4.2.6 Both the Advertiser and Service Provider reserve the right to review this contract at any
time.

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5. Agreement
5.1 Service Provider shall from the date of commencement of this Agreement provide 4G
internet and Local Area Network Installation to the Advertiser, including all hardware
recommended by the advertiser for the network installation of the digital signage system.
5.2 Cost of installation of local area network and internet at the Banjul International Airport
and at the advertisers head office shall be borne by Service Provider
5.3 The Advertiser shall provide sufficient advertisement spots (worth twice the value of the
total cost of installation) for Service Provider at all the terminals of The Banjul International
Airport. Locations includes: The Arrival Immigration area, Arrival Customs area, The Public
Concourse, VIP lounge and Departure lounge.
5.3.1 The cost of advertising per ten (30) seconds per four (4) weeks in the airport terminal is
as follows:

Arrival Hall: D10, 000

Departure Lounge: D7, 500
Public Concourse: 10, 000
VIP Lounge: D15, 000

5.4 The Advertiser shall bear the total cost of production of adverts of Service Provider and
shall maintain the adverts of the advertiser is updated regularly and whenever necessary.
5.5 The advertiser shall display powered by Service Provider logo frequently at all the
terminals of the Banjul International Airport.
5.5 Service Provider shall provide the following for the advertiser
At least 1Mbps 4G Internet Speed at the airport
At least 4Mbps 4G internet at the advertisers office at Kanifing
6.

Assignment

6.1 The Service Provider shall not without the written consent of the Advertiser assign sell,
transfer, set over, mortgage or charge (legally or equitably) or in any other manner alienate,
this agreement or any interest therein and shall not do or suffer to be done any matter or thing
whereby the interest in this agreement or in the said premises or any part thereof may directly
or indirectly become vested in any other person, other than Service Provider for the whole or
any part of the period of the agreement.
7.

Rules and Regulations

7.1 The Service Provider shall observe and obey all statutes, rules and regulations made by
the Secretary of State responsible for Aviation or by the Aviation or by the Advertiser, or its
agents for the operation care and protection of the Airport and the buildings and erections
thereon.
8.

Operations

8.1 The Service Provider shall not do or cause or permit anything to be done in or on the
vicinity of the Airport or any part thereof which might interfere with the due working or the
performance on the Airport or of any operations connected therewith or which might be or

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become a nuisance, create unsanitary condition or discomfort to any person or persons

lawfully using the Airport.
9.

Quality and Maintenance of Business

9.1 The Service Provider shall do everything possible, through use of good business practices,
to maintain, develop, and increase the business conducted by it under this Agreement.
9.2 The Service Provider understands that the duties and obligations imposed by this clause
shall at all times be subject to such general and continuous monitoring as the Advertiser feels
is necessary to assure a quality of service commensurate with the standards prevailing for
similar services at other international airports.
10.

Personnel

10.1 The Service Provider shall supply the Advertiser with the name of its employees not
below the level of a management staff who can be contacted 24 hours a day in case of
emergency.
10.2 The Service Provider shall provide the Advertiser with a detailed list of all employees
working for Service Provider at the premises and any changes of staff shall be reported to the
Advertiser within 24 hours.
11.

Restrictions and Limitations

11.1 For the purpose of operating this agreement the Service Provider shall have the right of
ingress to and aggress from the Airport Passenger Terminal and or any other location or
facilities within the airport.
11.2 PROVIDED THAT:
11.2.1 The right of ingress and egress shall at all times be exercised in compliance with any
and all regulations for the care, operation, maintenance, and protection of the Airport, and
11.2.2 Such right of ingress and egress shall not be construed to prohibit the Advertiser from
establishing and assessing a fee or charge on the Service Provider or its employees for
parking their personal vehicles in the employees parking areas and on persons conducting a
business on the Airport.
11.2.3 For the purposes of this paragraph, a person shall be deemed to conduct a business on
the Airport if he occupies any space on the Airport or if he provides any services on the
Airport, other than utilities, on a regular or continuing basis.
12.

Safety

15.1 The Service Provider shall comply with all reasonable requirements of the Advertiser
directed to the safety of the premises in use or occupation by Service Provider and the
operations of which they form a part or the safety of customers or passengers.
13.

Licences

16.1 This Agreement shall be subject to the Service Provider obtaining the licence and
permits relevant to the operation of the agreement, and if it fails to obtain any such licence or

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permit, his agreement may be terminated by the Advertiser forthwith by notice in writing and
without payment of compensation.
14.

Closure of the Airport

15.1 If at any time during the term of this Agreement it shall be deemed necessary or
expedient by the Advertiser to close the Airport, the Terminal Building, Ramp, or Cargo area
or any other area connected with the Service Providers operations for any length of time, the
Advertiser shall not be liable to pay to Service Provider any compensation for any business
loss as a result of the said closure.
16.

Force Majeure

18.1 The Advertiser shall not be liable to the Service Provider in respect of any loss sustained
or damage caused to the premises in use or occupation by the Service Provider, or any fixtures
installations, property goods or merchandise therein by fire, tempest rain, wind or other Act of
God, or civil commotion or from any want of repair of the premises or Airport Terminal.
17.

Notices

19.1 Any notice, communication or request to be given or made to the Service Provider or to
the Advertiser shall be deemed to have been served 24 hours after signed delivery at place of
business.
18.

Arbitration

18.1 All matters in dispute and difference arising out of or in connection with this Agreement
and for which provision is not made thereof shall be settled by reference to Arbitration. Each
of the parties hereto shall appoint an Arbitrator and the Arbitrators so appointed shall jointly
appoint a third Arbitrator

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IN WITNESS WHEREOF the common seals of the parties hereto have been duly
affixed on the day and year first above written.

The Common Seal of the

CFTM GROUP
Was affixed in the presence of:

.
MANAGING DIRECTOR

DATE:

...
WITNESS

The Common Seal of

UNIQUE SOLUTION Was affixed in the presence of:

..
CEO

DATE:

.
WITNESS

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