Common use of Closed Captioning and Program Rating Information Clause in Contracts

Closed Captioning and Program Rating Information. Network represents, warrants and covenants that it shall, at its sole expense, include as part of the Signal closed-captioning information, ratings data and any other materials to the full extent required by any current or future federal, state or local law, rule or regulation (collectively, the "Law") and to the extent required to ensure that EchoStar is in compliance with the Law regardless of whether the Law now or in the future imposes the obligation to include closed captioning information on Network, EchoStar or a third party. This includes, without limitation, meeting any and all benchmarks for captioning programming, including without limitation foreign language programming, as set forth in 47 CFR 79.1 of the regulations of the Federal Communications Commission ("FCC") as amended from time to time (the law and the regulations collectively referred to as the "Closed Captioning Requirements"). Network also agrees to cooperate with EchoStar to the extent necessary to establish compliance with the Closed Captioning Requirements. Network shall use its best efforts to provide complete, accurate and timely program rating data to EchoStar's designated data provider (currently Tribune Media Systems), as that data provider may be changed from time to time. For standard definition, such data shall be delivered in accordance with CEA 608-C. For high definition, Network shall (i) provide CEA 608-C compatibility data within CEA-708-B structures as described in CEA 708-B, including closed caption and parental rating information and (ii) ensure that the bandwidth allocated for CEA 708-B closed caption data does not exceed 20 kbps. Network acknowledges and agrees that neither EchoStar, nor any of its Affiliates, shall have any liability in connection with Network's failure to prepare, insert or include closed-captioning information, as applicable, in the Service as required by this subsection or the Law. Network shall indemnify, defend and forever hold harmless EchoStar, its Affiliates and each of their respective officers, shareholders, directors, employees, partners and agents, as provided in the "Indemnification" section of this Agreement, against and from any and all costs (including without limitation any costs of preparing and including closed-captioning and program rating data in the Service), damages and expenses (including without limitation fines, forfeitures, FCC enforcement actions and associated costs, attorneys' fees, disbursements and court or administrative costs) arising out of Network's breach of this subsection.

Closed Captioning and Program Rating Information. Network represents, warrants and covenants that it shall, at its sole expense, include as part of the Signal closed-captioning information, ratings data and any other materials information to the full extent required by any current or future federal, state or local law, rule or regulation (collectively, the "Law") Law and to the extent required to ensure that EchoStar DISH is in compliance with the Law regardless of whether the Law now or in the future imposes the obligation to include closed captioning information on Network, EchoStar DISH or a third party. This includes, without limitation, meeting any and all benchmarks for captioning programming, including without limitation foreign language programming, as set forth in 47 CFR 79.1 of the regulations of the Federal Communications Commission ("“FCC"”) as amended from time to time (the law and the regulations collectively referred to as the "“Closed Captioning Requirements"”). Network also agrees to cooperate with EchoStar DISH to the extent necessary to establish compliance with the Closed Captioning Requirements. Furthermore, during the Term, Network shall, at its sole expense, include as part of the Signal ratings information or other such data that would enable Service Subscribers to exercise parental controls over the programming on the Service, and such ratings information or other data must be compatible with DISH’s set-top and interactive technology implementing parental controls. Network shall use its best efforts to provide complete, accurate and timely program rating data to EchoStar's DISH’s designated data provider (currently Tribune Media Systems), as that data provider may be changed from time to time. For standard definition, such data shall be delivered in accordance with CEA 608-C. For high definition, Network shall (i) provide CEA 608-C compatibility data within CEA-708-B structures as described in CEA 708-B, including closed caption and parental rating information and information, (ii) ensure that the bandwidth allocated for CEA 708-B closed caption data does not exceed 20 2 kbps, and (iii) provide the program rating data to DISH’s currently designated data provider as above. Network acknowledges and agrees that neither EchoStarNeither DISH, nor any of its Affiliates, shall have any liability in connection with Network's ’s failure to prepare, insert or include closed-captioning information, as applicable, in the Service as required by this subsection or the Law. Network shall indemnify, defend and forever hold harmless EchoStar, its Affiliates and each of their respective officers, shareholders, directors, employees, partners and agents, as provided in the "Indemnification" section of this Agreement, against and from any and all costs (including without limitation any costs of preparing and including closed-captioning and program rating data in the ServiceSection 4(e), damages and expenses (including without limitation fines, forfeitures, FCC enforcement actions and associated costs, attorneys' fees, disbursements and court or administrative costs) arising out of Network's breach of this subsection.