Advertising Agreement. The Seller shall deliver to the Buyer a true and complete copy of the Advertising Agreement.
Advertising Agreement. To the best knowledge of each Selling Party, the Advertising Agreement is valid and enforceable and contains the entire agreement of the parties thereto with respect to the subject matter thereof.
Advertising Agreement. All of the Seller's right, title and interest in and to the Advertising Agreement.
Advertising Agreement. The Seller and the Company shall have entered into an agreement, substantially in the form of Exhibit 5.2(g) attached hereto, pursuant to which the Seller shall commit to sell to the Company two years of pre-paid advertising airtime on College Television Network ("CTN") (at CTN's rate card in effect on the date hereof), not to exceed $1,000,000 in value in the aggregate, for an aggregate payment of $5,000.
Advertising Agreement. The Company and the Purchaser shall have entered into the Advertising Agreement.
Advertising Agreement. RadioShack, ITI, ITC and ITA agree to terminate and extinguish all rights and liabilities of ITA under the Advertising Agreement to the intent that (i) ITA will have no right, liability or obligation to or in respect of any of them in relation to any act, matter, thing or omission occurring after the Effective Time which arises out of or is connected with the Advertising Agreement and (ii) neither RadioShack, ITI nor ITC will have any right liability or obligation to or in respect of ITA in relation to any act, matter, thing or omission occurring after the Effective Date which arises out of the Advertising Agreement, provided, however, nothing herein shall affect any liabilities or obligations of either RadioShack or ITA to the other that arose or occurred prior to the Effective Date.
Advertising Agreement. The form of the Advertising Agreement is hereby amended to conform to the form of the Advertising Agreement attached hereto as Exhibit A.
Advertising Agreement. Bankrate shall allow American Interbanc to post rates on the mortgage tables on wxx.xxxxxxxx.xxx upon American Interbanc’s execution of the attached Exhibit A to Advertising Terms and Conditions.
Advertising Agreement. Buyer agrees to spend no less than FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000.00) (such amount, the “Advertising Amount”) on advertising (including any sponsorships, sweepstakes costs, etc.) across all of PlanetOut’s online and print media properties on or before the end of June 30, 2010. For each particular advertising spend, Buyer will enter into PlanetOut’s then-standard advertising contract (the current form of which currently resides at hxxx://xxx.xxxxxxxxxxxx.xxx/xxxxx/ad/online_ad_agreement/) and Buyer agrees to be bound by such terms and conditions, including any insertion order accompanying such terms and conditions. The rates for such advertising shall be commensurate with rates historically charged Atlantis. The relevant rates for such advertising shall be charged as follows: For online advertising, rates shall be no higher than the current Cost Per Thousand impressions (CPM) rates Atlantis paid in its most recent contracts with Gxx.xxx and PlanetOut properties. Attached hereto marked Exhibit “A” and incorporated herein by reference are the applicable online advertising rates. Rates vary by type of ad unit placed. These rates shall be valid for any additional sites or properties that PlanetOut shall make available on its network for advertisement. For print advertising, rates shall be no higher than the current page rates currently paid by Atlantis in its most recent contracts with Advocate, Out, and OutTraveler Magazines. Attached hereto marked Exhibit “B” and incorporated herein by reference are the applicable print advertising rates. Print advertising rate increases shall be allowed on a pro-rata basis for additional audited circulation increases. Such increases shall be calculated by multiplying the current 2007 rate times the percentage increase in circulation, based on the most current independent audit results of each publication. Notwithstanding anything to the contrary in this Agreement or otherwise, if Buyer does not spend the full Advertising Amount on or before June 30, 2010, Buyer shall pay to PlanetOut any remaining unspent balance of the Advertising Amount on June 30, 2010. Buyer agrees to notify PlanetOut in writing if any advertising spend is not to be applied toward the Advertising Amount (for example, by clearly indicating on the insertion order that the advertising spend is not credited toward the Advertising Amount); otherwise, such advertising spend shall automatically be credited toward the Advertising Amount.
Advertising Agreement. The Advertising Agreement, Exhibit 4.2.5 to the Asset Purchase Agreement, is amended to confirm that Kmart Corporation (and its present and future Affiliates), to the extent it continues to be serviced by MTI or its successors or assigns, are excluded from the definition of "Exclusive Customers" and "Non-Exclusive Customers," and no advertising payment under Section 2 of the Advertising Agreement shall be due from MTI to Muzak in respect of services rendered to Kmart. With respect to Sections 1 and 2 of the Advertising Agreement, Buyer acknowledges and agrees that Kmart (and its present and future Affiliates) are excluded from the definition of "Exclusive Customers" and "Non-Exclusive Customers" and that no advertising payments shall be due from MTI to Muzak in respect of any revenues received by MTI with respect to Kmart. The third to last sentence of Section 4.a. of the Advertising agreement shall be deleted in its entirety and the following substituted in its place: "Without limiting the generality of the foregoing, the parties agree that if a Sale of Muzak's Business (as defined above) shall be consummated while this Agreement is in effect such purchaser: i) shall assume Muzak's obligations under this Agreement; and ii) if Muzak has ceased all of its operations as a separate entity following such sale (or, in lieu of such cessation, the "Sale of Muzak's Business" is structured as an equity unit sale or merger in which the Muzak entity is the survivor entity and Muzak's current owners have less than a controlling interest in such survivor entity), then the purchaser of Muzak can elect, by delivering written notice of such election to MTI at anytime during the 90 day period immediately following the consummation of the Sale of Muzak's Business, to have the non-competition prohibitions described in this paragraph 4.a only apply to the Exclusive Customers, Kmart, and to those Non-Exclusive Customers with whom MTI has established an advertising arrangement prior to the date of MTI's receipt of such notice of election (which election shall be effective sixty (60) days following MTI's receipt of the notice of election).
