Commercial Announcements. (a) With respect to WB programming, the parties to this Agreement shall be entitled to insert the following number of commercial announcements (Station's allotment includes station breaks but excludes 5-second prime time station identification breaks at the beginning of each hour):
(1) Prime Time (as defined in subparagraph 2(c)) hour (pro-rated for half-hour programs):
Commercial Announcements. Notwithstanding the exclusion of Commercial Announcements (“jingles”) from the scope of this Agreement up to five minutes of audio or audio-visual material may be used in a commercial announcement (“jingle”) in conjunction with (a) the sale of tickets to the performances of the Orchestra or of the Orchestra’s media products, (b) direct fundraising appeals for the Employer; or (c) sales of electronic media products created under this Agreement. Such audio or audio visual material may also be used in conjunction with commercial announcements for the sale of tickets to performances of works that are co-commissions or co-productions with another non-profit symphony, opera or ballet orchestra employer of Federation Musicians pursuant to a CBA with a Local of the Federation, subject to the approval of the Orchestra Committees of both the Orchestras providing and using the recorded content, as well as appropriate recognition to the Orchestra providing the content.
Commercial Announcements. (a) In each individual Fox program, Fox will have the right in its sole discretion to determine:
(1) the number and length of commercial announcement slots (including station breaks) that will be available to Fox affiliates for insertion of affiliate commercial announcements and (2) the terms and conditions applicable to the availability and use of the commercial announcement slots. Fox will make available to Licensee for Station's use in each individual Fox program the same number and length of commercial announcements (including station breaks) as Fox makes available generally in that program to Fox affiliates on a national basis, on the terms and conditions that Fox generally applies to those affiliates on a national basis. Licensee agrees to be bound by Fox's decisions as provided for in this Paragraph 5.
(b) Fox shall determine the placement, timing and format of Fox's and Licensee's commercial announcements. Fox shall have the right to include commercial announcements in all of the commercial time available in each hour of the programming other than that expressly allocated to Licensee in this Agreement.
(c) Licensee's broadcast over the Station of all commercial announcements included by Fox in Fox programming is of the essence of this Agreement, and nothing contained in Paragraph 3 above or elsewhere in this Agreement (other than Paragraph 11 below) shall limit Fox's rights or remedies at law or otherwise relating to failure to so broadcast said commercial announcements. Licensee agrees to maintain complete and accurate records of all commercial announcements broadcast as provided in this Agreement. Within two (2) weeks following each request by Fox therefor, Licensee will submit copies of all such records to Fox.
Commercial Announcements. (a) Licensee may include in each individual Fox program the same number and length of commercial announcements (including station breaks) as Fox provides generally in that program for its affiliates on a national basis.
(b) Subject to the rules and regulations of the FCC relating to the broadcast of commercial matter in children's programming, Fox shall determine the placement, timing and format of Fox's and Licensee's commercial announcements. Fox shall have the right to include commercial announcements in all of the commercial time available in each hour of the programming other than that expressly allocated to Licensee in this Agreement.
(c) Licensee's broadcast over the Station of all commercial announcements included by Fox in Fox programming is of the essence of this Agreement, and nothing contained in Paragraph 3 above or elsewhere in this Agreement (other than Paragraph 11 below) shall limit Fox's rights or remedies at law or otherwise relating to failure to so broadcast said commercial announcements. Licensee agrees to maintain complete and accurate records of all commercial announcements broadcast as provided in this Agreement. Within two (2) weeks following each request by Fox therefor, Licensee will submit copies of all such records to Fox.
Commercial Announcements. Xtra shall be entitled, in its sole discretion, to include commercial announcements within the Channels distributed to Commercial Establishments, so long as such commercial announcements relate specifically to the Commercial Establishment to which such Channels are distributed. Furthermore, Xtra shall be entitled to include in the Channels the same types of commercial announcements and/or advertisements that DMX includes in the Channels as provided to its Customers. Except as provided herein, no commercial announcements will be included in any of the Channels.
Commercial Announcements. Programmer hereby represents and warrants that it does not make available to any Other Distributor of any Service commercial announcements of any nature in the schedule of such Service(s). If at any time during the Term, Programmer provides to any Other Distributor the right to make commercial announcements within any Service, then Programmer shall offer such right to Affiliate on terms and conditions no less favorable than those offered to such Other Distributor of the Service(s). In any event, the rights with respect to commercial or promotional announcements provided by Programmer to Affiliate shall be no less favorable, in terms of the nature, use, scheduling, availability, length of the announcements and so forth (including, without limitation, the right to cover Programmer’s commercial or promotional announcements), than those provided to any Other Distributor.
Commercial Announcements. Programmer hereby represents and warrants that it does not make available to any Other Distributor of any Service commercial announcements of any nature in the schedule of such Service(s). If at any time during the Term, Programmer provides to any Other Distributor the right to make commercial announcements within any Service, then Programmer shall offer such right to Affiliate on terms and conditions no less favorable than those offered to such Other Distributor of the
Commercial Announcements. (a) With respect to WB programming, the parties to this Agreement shall be entitled to insert the following number of commercial announcements (Station's allotment includes station breaks but excludes 5-second prime time station identification breaks at the beginning of each hour):
(1) Prime Time (as defined in subparagraph 2(c)) hour (pro-rated for half-hour programs): You shall have the right to insert six 30-second commercial announcements. WB shall have the right to insert eighteen 30-second commercial announcements.
(2) Children's: Weekday half-hour: You shall have the right to insert six 30-second commercial announcements (or other material constituting "commercial matter" under the FCC's regulations). WB shall have the right to insert six 30-second commercial announcements. Weekend half-hour: You shall have the right to insert five 30-second commercial announcements (or other material constituting "commercial matter" under the FCC's regulations). WB shall have the right to insert five 30-second commercial announcements and one 15-second commercial.
Commercial Announcements. Up to Five (5) minutes of audio or audio-audio-visual material may be used in commercial announcements in conjunction with (a) sale of tickets to PAC and ACO performances or media products, (b) direct fundraising appeals; or
Commercial Announcements. The Parties will jointly issue a press release, in the form attached hereto as Exhibit D, regarding the signing of this Agreement on a date to be determined by the Parties promptly following the Effective Date. Except as set forth in the preceding sentence and as may be expressly permitted under Section 14.3 or Section 14.4.2, or as required to comply with Applicable Law (including the rules and regulations promulgated by the United States Securities and Exchange Commission or any equivalent governmental agency in any country in the Territory), neither Party will make any public announcement or press release, or post social media content, regarding this Agreement without giving prior written notice to the other Party; provided that if any such public announcement or press release, or social media post contains any data or status updates regarding the Research Program, the prior written approval {00010634 - 3} 44 of the other Party will be required. If a Party desires to make any such public announcement, press release or posting of social media content relating to this Agreement, then such Party shall: [***]. For the avoidance of doubt, the contents of any announcement, press release or posting of social media content that have been published or presented once pursuant to this Section 14.4.1 may be subsequently published or presented without the need for further notice to the other Party.
