Common use of Delivery and Distribution Clause in Contracts

Delivery and Distribution. (a) During the term of this Agreement, each of the Systems shall, commencing with each such Systems' first date of carriage of the Service as listed on Exhibit I ("Launch Date"), designate a minimum of one (1) channel --------- on each System for the carriage of the Service prior to the commencement of the delivery of the Service on such System. Affiliate may change, from time to time, the channel designation on which the Service is carried. Effective January 31, 1995, Affiliate agrees to deliver the Service a minimum of eight (8) hours per day during the time period between 8:00 a.m. and 12:00 midnight. (b) JIN will initially transmit the Service by means of domestic communications satellite GE American Communications C-3, Transponder 20. Effective September 6, 1994, JIN will transmit a digitally compressed signal on the GE American Communications C-3 satellite. JIN will notify Affiliate of any change in satellite not less than ninety (90) days prior to the scheduled change. In the event of any such change, Affiliate agrees to make such arrangements as may be necessary to receive the signal from the new satellite. If JIN delivers the Service to a domestic communications satellite where it reasonably appears that Affiliate will incur expenses for additional receiving equipment other than those associated with receiving a digitally compressed signal that will not be reimbursed by any third party for a particular System to receive the Service, then in that event, Affiliate will be entitled to delete the affected System from Exhibit I of this Agreement within thirty (30) days of receiving notice --------- from JIN of the satellite selected for delivery of the Service, unless JIN agrees to pay its pro rata share (based on number of signals to be received by any System from such new satellite) of the costs associated with the additional receiving equipment. If JIN agrees to pay such costs, then the affected System may not be deleted from Exhibit I and such System shall --------- continue to distribute the Service through the remaining term of this Agreement. JIN and Affiliate shall each use their respective best efforts to maintain a high quality of signal transmission for the Service. (c) Subject to then existing law, Affiliate shall not itself, and shall not authorize others to, copy, tape or otherwise reproduce any part of the Service without JIN's prior written authorization, and shall take reasonable and practical security measures to prevent the unauthorized copying or taping by others; provided, however, that nothing herein shall -------- ------- prohibit Affiliate from assisting its residential subscribers in connecting video cassette recorders to record the Service. JIN shall endeavor to advise Affiliate of copyright, literary and dramatic rights of, and restrictions and limitations imposed by, program originators (including but not limited to JIN) affecting the distribution of the Service, as they exist from time to time ("Intellectual Property Rights and Requirements"). As between the parties to this Agreement, Affiliate shall be solely responsible for compliance with any and all Intellectual Property Rights and Requirements of which its has been given notice. Affiliate shall not distribute or exhibit, and shall not authorize, license or permit the distribution or exhibition of, the Service by any means or device, whether now known or hereafter devised, other than through the Systems now or hereafter listed in Exhibit I hereto and in --------- accordance with the terms of this Agreement.

Delivery and Distribution. (a) During the term of this Agreement, each of the Systems shall, commencing with each such Systems' first date of carriage of the Service as listed on Exhibit I ("Launch Date"), shall designate a minimum mininium of one (1) channel --------- on each System for the carriage of the Service service prior to the commencement of the delivery of the Service on such System. Affiliate may change, from time to time, the channel designation on which the Service is carried. Effective January 31, 1995, Affiliate agrees to deliver the Service a minimum of eight (8) hours per day during the time period between 8:00 a.m. and 12:00 midnightday. (b) JIN PIN will initially transmit the Service by means of domestic communications satellite GE American Communications C-3, Transponder 20. Effective September 6, 1994, JIN PIN will transmit a digitally compressed signal on the GE American Communications C-3 satellite. JIN PIN will notify Affiliate of any change in satellite not less than ninety (90) days prior to the scheduled change. In the event of any such change, Affiliate agrees to make such arrangements as may be necessary to receive the signal from the new satellite. If JIN PIN delivers the Service to a domestic communications satellite where it reasonably appears that Affiliate will incur expenses for additional receiving equipment other than those associated with receiving a digitally compressed signal that will not be reimbursed by any third party for a particular System to receive the Service, then in that event, Affiliate will be entitled to delete the affected System from Exhibit I of this Agreement within thirty --------- (30) days of receiving notice --------- from JIN PIN of the satellite selected for delivery of the Service, unless JIN PIN agrees to pay its pro rata share (based on number of signals to be received by any System from such new satellite) of the costs associated with the additional receiving equipment. If JIN PIN agrees to pay such costs, then the affected System may not be deleted from Exhibit I and such System shall --------- continue to --------- distribute the Service through the remaining term of this Agreement. JIN PIN and Affiliate shall each use their respective best efforts to maintain a high quality of signal transmission for the Service. (c) Subject to then existing law, Affiliate shall not itself, and shall not authorize others to, copy, tape or otherwise reproduce any part of the Service without JINPIN's prior written authorization, and shall take reasonable and practical security measures to prevent the unauthorized copying or taping by others; provided, however, that --------- ------- nothing herein shall -------- ------- prohibit Affiliate from assisting its residential subscribers in connecting video cassette recorders to record the Service. JIN PIN shall endeavor to advise Affiliate of copyright, literary and dramatic rights of, and restrictions and limitations imposed by, program originators (including but not limited to JINPIN) affecting the distribution of the Service, as they exist from time to time ("Intellectual Property Rights and Requirements"). As between the parties to this Agreement, Affiliate shall be solely responsible for compliance with any and all Intellectual Property Rights and Requirements of which its it has been given advance written notice. Affiliate shall not distribute or exhibit, and shall not authorize, license or permit the distribution or exhibition of, the Service by any means or device, whether now known or hereafter devised, other than through the Systems now or hereafter listed in Exhibit I hereto --------- and in --------- accordance with the terms of this Agreement.

Delivery and Distribution. (a) During the term of this Agreement, each of the Systems shall, commencing with each such Systems' first date of carriage of the Service as listed on Exhibit I ("Launch Date"), shall designate a minimum of one (1) channel --------- on each System for the carriage of the Service prior to the commencement of the delivery of the Service on such System. Affiliate may change, from time to time, the channel designation on which the Service is carried. Effective January 31, 1995, Affiliate agrees to deliver the Service a minimum of eight (8) twenty- four hours per day during day. Affiliate may at any time suspend the time period between 8:00 a.m. carriage of some or all hours of carriage of the Service on any System(s) if, and 12:00 midnightonly if, all of the following conditions apply: i. Such suspension is done in order to carry a substitute programming service in satisfaction of regulatory obligations (e.g., to comply with must-carry, leased access, franchise requirements, etc.), and Affiliate's designation of the Service for this purpose shall not on an MSO-wide basis be discriminatory with respect to other programming services; ii. In the absence of such a suspension, the System(s) would not have adequate capacity to carry the substitute programming service; iii. Such a suspension will end no later than upon the completion of the rebuild of such System(s) or such date as adequate channel capacity otherwise becomes available for carriage of both the Service and such substitute programming; and iv. Affiliate will use its best efforts to end such suspension and restore carriage as it existed prior to the suspension as soon as possible. If the Service is suspended, Affiliate agrees Service will be the first programming service added to the System as channel capacity becomes available. In addition, if the System carried another infomercial service or services similar to the Service, the Affiliate must reasonably apportion the suspension of all such services. (b) JIN PIN will initially transmit the Service by means of domestic communications satellite GE American Communications C-3, Transponder 20. Effective September 6, 1994, JIN will transmit a digitally compressed signal on the GE American Communications C-3 satellite. JIN PIN will notify Affiliate of any change in satellite not less than ninety (90) days prior to the scheduled change. In the event of any such change, Affiliate agrees to make such arrangements as may be necessary to receive the signal from the new satellite. If JIN PIN delivers the Service to a domestic communications satellite where it reasonably appears that Affiliate will incur expenses for additional receiving equipment other than those associated with receiving a digitally compressed signal that will not be reimbursed by any third party for a particular System to receive the Service, then in that event, Affiliate will be entitled to delete the affected System from Exhibit Schedule I of this Agreement within thirty (30) days ---------- of receiving notice --------- from JIN PIN of the satellite selected for delivery of the Service, unless JIN PIN agrees to pay its pro rata share (based on number of signals to be received by any System from such new satellite) of the costs associated with the additional receiving equipment. If JIN PIN agrees to pay such costs, then the affected System may not be deleted from Exhibit Schedule I and such System shall --------- continue to ---------- distribute the Service through the remaining term of this Agreement. JIN PIN and Affiliate shall each use their respective best efforts to maintain a high quality of signal transmission for the Service. (c) Subject to then existing law, Affiliate shall not itself, and shall not authorize others to, copy, tape or otherwise reproduce any part of the Service without JINPIN's prior written authorization, and shall take reasonable and practical security measures to prevent the unauthorized copying or taping by others; provided, howeverhowever , that nothing herein shall -------- ------- -------- prohibit Affiliate from assisting its residential subscribers in connecting video cassette recorders to record the Service. JIN PIN shall endeavor to advise Affiliate of copyright, literary and dramatic rights of, and restrictions and limitations imposed by, program originators (including but not limited to JINPIN) affecting the distribution of the Service, as they exist from time to time ("Intellectual Property Rights and Requirements"). As between the parties to this Agreement, Affiliate shall be solely responsible for compliance with any and all Intellectual Property Rights and Requirements of which its it has been given advance written notice. Affiliate shall not distribute or exhibit, and shall not authorize, license or permit the distribution or exhibition of, the Service by any means or device, whether now known or hereafter devised, other than through the Systems now or hereafter listed in Exhibit Schedule I hereto and in --------- accordance with ---------- the terms of this Agreement.