Calculation of TMR Payment Amount. At the end of each successive Contract Year commencing on the Launch Date, the "Average Rating" for each such Contract Year shall be determined by taking the average of Station's television ratings (adults 18-49) for the prior November, February, and May sweeps periods of such Contract Year as reported on the Nielxxx Xxxtion Index ("NSI"), as processed, refined, re-formatted or re-configured by that application commonly known as the "SNAP System," but only with respect to those prime time hours programmed by WB under the Agreement. Based on the Station's Average Rating for each Contract Year and the number of hours programmed by WB in that Year, Station shall owe WB the amount (the "TMR Amount") set forth in the table attached hereto as the Annual Ratings Payment Exhibit-Table. For example, in the particular case of Station, if the adults 18-49 rating for WB programmed hours is ___ for a particular Contract Year, and WB is programming 11 XXXX/Xxxx Xxxxx, XX XX Affiliation Agreement Dated as of February 25, 1998 hours per week during such Year, then the TMR payment that will be due and owing for such Year is $___________. In the event that the TMR Payment for any particular Contract Year has increased or decreased from the prior year's TMR Payment disproportionately in comparison to the increase or decrease over such period in the profitability of Station's WB furnished prime time programming (after giving effect to any increase in the number of WB prime time programming hours between the two periods), then either WB or Station may request that the Station's financial results and operational information be audited and reviewed by WB. Promptly after such audit and review, WB and Station shall meet to discuss such financial results and operational information of Station and in good faith seek to adjust the then currently due TMR Payment to reflect the intent of these Payments as set forth in the introductory paragraph to this Exhibit.
Appears in 1 contract
Samples: Station Affiliation Agreement (Acme Communications Inc)
Calculation of TMR Payment Amount. At the end of each successive Contract Year commencing on the Launch Date, the "“Average Rating" ” for each such Contract Year shall be determined by taking the average of Station's ’s television ratings (adults 18-49) for the prior November, February, and May sweeps periods of such Contract Year as reported on the Nielxxx Xxxtion Nxxxxxx Station Index ("“NSI"”), as processed, refined, re-formatted or re-configured by that application commonly known as the "“SNAP System," ” but only with respect to those prime time hours programmed by WB under the Agreement. Based on the Station's ’s Average Rating for each Contract Year and the number of hours programmed by WB in that Year, Station shall owe WB the amount (the "“TMR Amount"”) set forth in the table attached hereto as the Annual Ratings Payment Exhibit-TableTable (omitted due to sensitive nature of information). For example, in the particular case of Station, if the adults 18-49 rating for WB programmed hours is ___ for a particular Contract Year, and WB is programming 11 XXXX/Xxxx Xxxxx, XX XX Affiliation Agreement Dated as of February 25, 1998 hours per week during such Year, then the TMR payment that will be due and owing for such Year is $___________$ . In the event that either Station or WB contends that the TMR Payment for any particular Contract Year, as set forth in the Annual Ratings Payment Exhibit Table (omitted due to sensitive nature of information), is not an accurate statement of the share of the added value and/or profitability during WB-programmed prime time hours that Station owes to WB, or if the TMR Payment for any particular Contract Year has increased or decreased from the prior year's ’s TMR Payment disproportionately in comparison to the increase or decrease over such period in the profitability of Station's ’s WB furnished prime time programming (after giving effect to any increase in the number of WB prime time programming hours hours-between the two periods), then either WB or Station may request that the Station's ’s financial results and operational information be audited and reviewed by WBWB and the result of such audit shall determine the level of the TMR payment for the given period. Promptly after such audit and review, WB and Station shall meet to discuss such financial results and operational information of Station and in good faith seek to adjust the then currently due TMR Payment to reflect the result of the audit and the intent of these Payments as set forth in the introductory paragraph to this Exhibit.
Appears in 1 contract
Samples: Station Affiliation Agreement (Sinclair Broadcast Group Inc)
Calculation of TMR Payment Amount. At the end of each successive Contract Year commencing on the Launch Date, the "Average Rating" for each such Contract Year shall be determined by taking the average of Station's television ratings (adults 18-49) for the prior November, February, and May sweeps periods of such Contract Year as reported on the Nielxxx Xxxtion Nielsen Station Index ("NSIXXX"), as processed, refined, re-formatted or re-configured by that application commonly known as the "SNAP System," but only with respect to those prime time hours programmed by WB under the Agreement. Based on the Station's Average Rating for each Contract Year and the number of hours programmed by WB in that Year, Station shall owe WB the amount (the "TMR Amount") set forth in the table attached hereto as the Annual Ratings Payment Exhibit-Table. For example, in the particular case of Station, if the adults 18-49 rating for WB programmed hours is ___ 3.0 for a particular Contract Year, and WB is programming 11 XXXX/Xxxx Xxxxx, XX XX Affiliation Agreement Dated as of February 25, 1998 hours per week during such Year, then the TMR payment that will be due and owing for such Year is $___________186,007.00. In the event that the TMR Payment for any particular Contract Year has increased or decreased from the prior year's TMR Payment disproportionately in comparison to the increase or decrease over such period in the profitability of Station's WB furnished prime time programming (after giving effect to any increase in the number of WB prime time programming hours between the two periods), then either WB or Station may request that the Station's financial results and operational information be audited and reviewed by WB. Promptly after such audit and review, WB and Station shall meet to discuss such financial results and operational information of Station and in good faith seek to adjust the then currently due TMR Payment to reflect the intent of these Payments as set forth in the introductory paragraph to this Exhibit.
Appears in 1 contract
Samples: Station Affiliation Agreement (Acme Television LLC)
Calculation of TMR Payment Amount. At the end of each successive Contract Year commencing on the Launch Date, the "Average Rating" for each such Contract Year shall be determined by taking the average of Station's television ratings (adults 18-49) for the prior November, February, and May sweeps periods of such Contract Year as reported on the Nielxxx Xxxtion Index ("NSI"), as processed, refined, re-formatted or re-configured by that application commonly known as the "SNAP System," but only with respect to those prime time hours programmed by WB under the Agreement. Based on the Station's Average Rating for each Contract Year and the number of hours programmed by WB in that Year, Station shall owe WB the amount (the "TMR Amount") set forth in the table attached hereto as the Annual Ratings Payment Exhibit-Exhibit Table. For example, in the particular case of Station, if the adults 18-49 rating for WB programmed hours is ___ 1.6 for a particular Contract Year, and WB is programming 11 XXXX/Xxxx Xxxxx, XX XX Affiliation Agreement Dated as of February 25, 1998 15 hours per week during such Year, then the TMR payment that will be due and owing for such Year is $___________5,843. In the event that either Station or WB contends that the TMR Payment for any particular Contract Year, as set forth in the Annual Ratings Payment Exhibit Table, is not an accurate statement of the twenty-five percent (25%) share of the added value and/or profitability during WB programmed prime time hours that Station owes to WB, or if the TMR Payment for any particular Contract Year has increased or decreased from the prior year's TMR Payment disproportionately in comparison to the increase or decrease over such period in the profitability of Station's WB furnished prime time programming (after giving effect to any increase in the number of WB prime time programming hours between the two periods), then either WB or Station may request that the Station's financial results and operational information be audited and reviewed by WBWB and the result of such audit shall determine the level of the TMR Payment for the given period. Promptly after such audit and review, WB and Station shall meet to discuss such financial results and operational information of Station and in good faith seek to adjust the then currently due TMR Payment to reflect the result of the audit and the intent of these Payments as set forth in the introductory paragraph to this Exhibit.
Appears in 1 contract
Samples: Station Affiliation Agreement (Acme Communications Inc)
Calculation of TMR Payment Amount. At the end of each successive Contract Year commencing on the Launch Date, the "Average Rating" for each such Contract Year shall be determined by taking the average of Station's television ratings (adults 18-49) for the prior November, February, and May sweeps periods of such Contract Year as reported on the Nielxxx Xxxtion Index ("NSI"), as processed, refined, re-formatted or re-configured by that application commonly known as the "SNAP System," but only with respect to those prime time hours programmed by WB under the Agreement. Based on the Station's Average Rating for each Contract Year and the number of hours programmed by WB in that Year, Station shall owe WB the amount (the "TMR Amount") set forth in the table attached hereto as the Annual Ratings Payment Exhibit-Exhibit Table. For example, in the particular case of Station, if the adults 18-49 rating for WB programmed hours is ___ 2.0 for a particular Contract Year, and WB is programming 11 XXXX/Xxxx Xxxxx, XX XX Affiliation Agreement Dated as of February 25, 1998 15 hours per week during such Year, then the TMR payment that will be due and owing for such Year is $___________3.951.00. In the event that either Station or WB contends that the TMR Payment for any particular Contract Year, as set forth in the Annual Ratings Payment Exhibit Table, is not an accurate statement of the twenty-five percent (25%) share of the added value and/or profitability during WB programmed prime time hours that Station owes to WB, or if the TMR Payment for any particular Contract Year has increased or decreased from the prior year's TMR Payment disproportionately in comparison to the increase or decrease over such period in the profitability of Station's WB furnished prime time programming (after giving effect to any increase in the number of WB prime time programming hours between the two periods), then either WB or Station may request that the Station's financial results and operational information be audited and reviewed by WBWB and the result of such audit shall determine the level of the TMR Payment for the given period. Promptly after such audit and review, WB and Station shall meet to discuss such financial results and operational information of Station and in good faith seek to adjust the then currently due TMR Payment to reflect the result of the audit and the intent of these Payments as set forth in the introductory paragraph to this Exhibit.
Appears in 1 contract
Samples: Station Affiliation Agreement (Acme Communications Inc)
Calculation of TMR Payment Amount. At the end of each successive Contract Year commencing on the Launch Date, the "Average Rating" for each such Contract Year shall be determined by taking the average of Station's television ratings (adults 18-49) for the prior November, February, and May sweeps periods of such Contract Year as reported on the Nielxxx Xxxtion Index ("NSI"), as processed, refined, re-formatted or re-configured by that application commonly known as the "SNAP System," but only with respect to those prime time hours programmed by WB under the Agreement. Based on the Station's Average Rating for each Contract Year and the number of hours programmed by WB in that Year, Station shall owe WB the amount (the "TMR Amount") set forth in the table attached hereto as the Annual Ratings Payment Exhibit-Exhibit Table. For example, in the particular case of Station, if the adults 18-49 rating for WB programmed hours is ___ 1.0 for a particular Contract Year, and WB is programming 11 XXXX/Xxxx Xxxxx, XX XX Affiliation Agreement Dated as of February 25, 1998 15 hours per week during such Year, then the TMR payment that will be due and owing for such Year is $___________1,375. In the event that either Station or WB contends that the TMR Payment for any particular Contract Year, as set forth in the Annual Ratings Payment Exhibit Table, is not an accurate statement of the twenty-five percent (25%) share of the added value and/or profitability during WB programmed prime time hours that Station owes to WB, or if the TMR Payment for any particular Contract Year has increased or decreased from the prior year's TMR Payment disproportionately in comparison to the increase or decrease over such period in the profitability of Station's WB furnished prime time programming (after giving effect to any increase in the number of WB prime time programming hours between the two periods), then either WB or Station may request that the Station's financial results and operational information be audited and reviewed by WBWB and the result of such audit shall determine the level of the TMR Payment for the given period. Promptly after such audit and review, WB and Station shall meet to discuss such financial results and operational information of Station and in good faith seek to adjust the then currently due TMR Payment to reflect the result of the audit and the intent of these Payments as set forth in the introductory paragraph to this Exhibit.
Appears in 1 contract
Samples: Station Affiliation Agreement (Acme Communications Inc)
Calculation of TMR Payment Amount. At the end of each successive Contract Year commencing on the Launch Date, the "Average Rating" for each such Contract Year shall be determined by taking the average of Station's television ratings (adults 18-49) for the prior November, February, and May sweeps periods of such Contract Year as reported on the Nielxxx Xxxtion Nielsen Station Index ("NSIXXX"), as processed, refined, re-formatted or re-configured by that application commonly known as the "SNAP System," but only with respect to those prime time hours programmed by WB under the Agreement. Based on the Station's Average Rating for each Contract Year and the number of hours programmed by WB in that Year, Station shall owe WB the amount (the "TMR Amount") set forth in the table attached hereto as the Annual Ratings Payment Exhibit-Table. For example, in the particular case of Station, if the adults 18-49 rating for WB programmed hours is ___ for a particular Contract Year, and WB is programming 11 XXXX/Xxxx Xxxxx, XX XX Affiliation Agreement Dated as of February 25, 1998 hours per week during such Year, then the TMR payment that will be due and owing for such Year is $___________$ . In the event that the TMR Payment for any particular Contract Year has increased or decreased from the prior year's TMR Payment disproportionately in comparison to the increase or decrease over such period in the profitability of Station's WB furnished prime time programming (after giving effect to any increase in the number of WB prime time programming hours between the two periods), then either WB or Station may request that the Station's financial results and operational information be audited and reviewed by WB. Promptly after such audit and review, WB and Station shall meet to discuss such financial results and operational information of Station and in good faith seek to adjust the then currently due TMR Payment to reflect the intent of these Payments as set forth in the introductory paragraph to this Exhibit.
Appears in 1 contract
Samples: Station Affiliation Agreement (Acme Intermediate Holdings LLC)
Calculation of TMR Payment Amount. At the end of each successive Contract Year commencing on the Launch Date, the "Average Rating" for each such Contract Year shall be determined by taking the average of Station's television ratings (adults 18-49) for the prior November, February, and May sweeps periods of such Contract Year as reported on the Nielxxx Xxxtion Index ("NSI"), as processed, refined, re-formatted or re-configured by that application commonly known as the "SNAP System," but only with respect to those prime time hours programmed by WB under the Agreement. Based on the Station's Average Rating for each Contract Year and the number of hours programmed by WB in that Year, Station shall owe WB the amount (the "TMR Amount") set forth in the table attached hereto as the Annual Ratings Payment Exhibit-Exhibit Table. For example, in the particular case of Station, if the adults 18-49 rating for WB programmed hours is ___ 2.0 for a particular Contract Year, and WB is programming 11 XXXX/Xxxx Xxxxx, XX XX Affiliation Agreement Dated as of February 25, 1998 15 hours per week during such Year, then the TMR payment that will be due and owing for such Year is $___________9,852. In the event that either Station or WB contends that the TMR Payment for any particular Contract Year, as set forth in the Annual Ratings Payment Exhibit Table, is not an accurate statement of the twenty-five percent (25%) share of the added value and/or profitability during WB programmed prime time hours that Station owes to WB, or if the TMR Payment for any particular Contract Year has increased or decreased from the prior year's TMR Payment disproportionately in comparison to the increase or decrease over such period in the profitability of Station's WB furnished prime time programming (after giving effect to any increase in the number of WB prime time programming hours between the two periods), then either WB or Station may request that the Station's financial results and operational information be audited and reviewed by WBWB and the result of such audit shall determine the level of the TMR Payment for the given period. Promptly after such audit and review, WB and Station shall meet to discuss such financial results and operational information of Station and in good faith seek to adjust the then currently due TMR Payment to reflect the result of the audit and the intent of these Payments as set forth in the introductory paragraph to this Exhibit.
Appears in 1 contract
Samples: Station Affiliation Agreement (Acme Communications Inc)
Calculation of TMR Payment Amount. At the end of each successive Contract Year commencing on the Launch Date, the "Average Rating" for each such Contract Year shall be determined by taking the average of Station's television ratings (adults 18-49) for the prior November, February, and May sweeps periods of such Contract Year as reported on the Nielxxx Xxxtion Index ("NSI"), as processed, refined, re-formatted or re-configured by that application commonly known as the "SNAP System," but only with respect to those prime time hours programmed by WB under the Agreement. Based on the Station's Average Rating for each Contract Year and the number of hours programmed by WB in that Year, Station shall owe WB the amount (the "TMR Amount") set forth in the table attached hereto as the Annual Ratings Payment Exhibit-Exhibit Table. For example, in the particular case of Station, if the adults 18-49 rating for WB programmed hours is ___ 1.0 for a particular Contract Year, and WB is programming 11 XXXX/Xxxx Xxxxx, XX XX Affiliation Agreement Dated as of February 25, 1998 15 hours per week during such Year, then the TMR payment that will be due and owing for such Year is $___________9,057. In the event that either Station or WB contends that the TMR Payment for any particular Contract Year, as set forth in the Annual Ratings Payment Exhibit Table, is not an accurate statement of the twenty-five percent (25%) share of the added value and/or profitability during WB programmed prime time hours that Station owes to WB, or if the TMR Payment for any particular Contract Year has increased or decreased from the prior year's TMR Payment disproportionately in comparison to the increase or decrease over such period in the profitability of Station's WB furnished prime time programming (after giving effect to any increase in the number of WB prime time programming hours between the two periods), then either WB or Station may request that the Station's financial results and operational information be audited and reviewed by WBWB and the result of such audit shall determine the level of the TMR Payment for the given period. Promptly after such audit and review, WB and Station shall meet to discuss such financial results and operational information of Station and in good faith seek to adjust the then currently due TMR Payment to reflect the result of the audit and the intent of these Payments as set forth in the introductory paragraph to this Exhibit.
Appears in 1 contract
Samples: Station Affiliation Agreement (Acme Communications Inc)