Change in Delivery Method Sample Clauses

Change in Delivery Method. Playboy may, from time to time, change the satellite being used for transmission of one or both of the Signals; provided, that any satellite used by Playboy to transmit a Signal shall be a domestic communications satellite commonly used for the transmission of pay television programming that is receivable at all times by the Facility. In the event of any such proposed change, Playboy shall provide TESC with at least ninety (90) days’ prior written notice of the proposed effective date of such proposed change; provided, that if such a change is the result of a force Majeure, Playboy agrees to provide TESC with written notice as soon as reasonably practicable. If, as a result of any change as set forth herein, TESC will incur out-of-pocket expenses for additional satellite receiving or other equipment needed to receive or transmit a Service, Playboy agrees within ten (10) days of receiving such notice from TESC of such expenses either to provide the necessary equipment (at Playboy’s sole discretion) or to contribute a pro rata portion of such additional equipment expense, which shall be determined by multiplying the total amount of such expense by a fraction, the numerator of which shall be one (1) for each affected Service and the denominator of which shall be the number of cable program services to be received and transmitted by TESC from such new satellite as of thirty (30) days after the effective date of such change.