Common use of Early Termination Rights Clause in Contracts

Early Termination Rights. In addition to all other rights to termination specifically set forth in this Agreement or available at law or in equity, either party shall have the right to terminate this Agreement if the other party has (a) breached any of its material obligations under this Agreement (unless the breach is cured within the thirty (30)-day period following receipt of notice of the breach; provided, that if a shorter or longer cure period is provided elsewhere in this Agreement for a particular breach, then such shorter or longer cure period shall apply and, in the case where immediate termination is provided for elsewhere in this Agreement, immediate termination shall apply. Each party agrees and acknowledges that there are certain breaches which are incapable of being cured and are therefore not subject to the thirty (30) day cure period); (b) filed a petition in bankruptcy, is insolvent, or has sought relief under any law related to its financial condition or its ability to meet its payment obligations; or (c) had any involuntary petition in bankruptcy filed against it, or any relief under any such law has been sought by any of its creditors, unless the involuntary petition is dismissed, or the relief is denied, within thirty (30) days after it has been filed or sought. In addition to and without limiting the generality of the foregoing, EchoStar shall have the immediate right to terminate this Agreement without liability upon notice to Network if delivery of the Service by Network to EchoStar is discontinued or interrupted for a continuous period of sixty (60) days. In addition to any other rights that EchoStar may have at law or in equity, any adjudicated breach by Network of the Subscription Agreement, the Certificate Of Designation And Preferences Of Interests To Be Represented By Special Series U Non-Voting Common Shares Of Current Media, LLC or Exhibit A thereto, entered into between EchoStar Media Holdings Corporation and Current Media, LLC dated as of the Effective Date; shall constitute a material breach of this Agreement allowing EchoStar, at its exclusive option, to immediately terminate this Agreement. The right to terminate in any case shall be in addition to and without limiting any other rights or remedies the terminating party may have. For clarity, EchoStar's right to terminate this Agreement shall apply with respect to the Service on a channel per channel basis (i.e. EchoStar shall have the right to terminate the Service with respect to a particular channel or set of channels based upon Network's breach of this Agreement as it relates to such channel or channels without terminating this Agreement in whole).

Early Termination Rights. In addition to all other rights to termination specifically set forth in this Agreement Lease or available at law or in equity, either party shall have the right to terminate this Agreement Lease if the other party has (ai) breached any of its material obligations under this Agreement Lease (unless the breach is cured within the thirty (30)-day period following receipt of notice of the breach; provided, that if a shorter or longer cure period is provided elsewhere in this Agreement Lease for a particular breach, then such shorter or longer cure period shall apply and, in the case where immediate termination is provided for elsewhere in this AgreementLease, immediate termination shall apply. Each party agrees and acknowledges that there are certain breaches which are incapable of being cured and are therefore not subject to the thirty (30) day cure period); (bii) filed a petition in bankruptcy, is insolventunable to pay current bills when due, or has sought relief under any law Law related to its financial condition or its ability to meet its payment obligations; or (ciii) had any involuntary petition in bankruptcy filed against it, or any relief under any such law Law has been sought by any of its creditors, unless the involuntary petition is dismissed, or the relief is denied, within thirty sixty (3060) days after it has been filed or sought. In addition to and without limiting the generality of the foregoingaddition, EchoStar TESC shall have the immediate right to terminate this Agreement Lease immediately and without liability (except for amounts payable to Playboy through the effective date of termination) upon notice to Network Playboy if any person or entity who, as of the Effective Date, did not possess, directly or indirectly, the power to direct or cause the direction of management or policies of Playboy or of Playboy Enterprises, Inc., whether by virtue of the ownership of voting stock, by contract or otherwise, later comes into possession of such power. In addition, TESC shall have the right to terminate this Lease immediately and without liability (except for amounts payable to Playboy through the effective date of termination) upon notice to Playboy if: (I) the delivery of any of the Service Services by Network Playboy to EchoStar TESC is discontinued or interrupted for a continuous period of sixty fifteen (6015) days, (II) Playboy, or any executive officer or director of Playboy, is convicted in a court of competent jurisdiction of any criminal offense related to Adult content, (III) Playboy is found to have failed to comply with any Law related to Adult content, including, without limitation, the provisions of 18 U.S.C. 2257, (IV) Playboy is found to have falsified, or Playboy is criminally charged or indicted for falsifying, any documents, records or reports required by this Lease or any Law related to Adult content, (V) Playboy is criminally charged or indicted for, fraud, misrepresentation or illegal action in connection with this Lease, and/or (vi) Playboy assigns or attempts to assign this Lease in whole or in part. In addition to and not in limitation of the foregoing, in the event that TESC determines in good faith, in its sole discretion, that the activities contemplated under this Lease or any other rights circumstances, including without limitation an increase in obscenity prosecutions or citizen protests against adult-oriented products or services, may: (A) adversely impact the business, reputation, or goodwill of TESC and/or any of its Affiliates; or (B) result in the institution of civil, criminal, administrative or other proceedings against TESC and/or any of its Affiliates, or any of their officers, directors or employees, TESC will have the right to terminate this Lease after evaluating and implementing commercially reasonable methods to address TESC’s commercially reasonable concerns; provided, that EchoStar TESC may have at law or only take action under this sentence in equity, any adjudicated breach by Network the event that it treats all providers of similar content in the same manner. In addition to and not in limitation of the Subscription Agreementforegoing, and notwithstanding any other provision of this Lease to the Certificate Of Designation And Preferences Of Interests To Be Represented By Special Series U Non-Voting Common Shares Of Current Mediacontrary, LLC TESC may terminate this Lease for any reason or Exhibit A theretono reason in its sole judgment upon thirty (30) days advance written notice to Playboy, entered into between EchoStar Media Holdings Corporation without any liability to Playboy whatsoever (other than remitting any portion of Gross Revenues due and Current Media, LLC dated owing Playboy under this Lease as of the Effective Date; shall constitute date of such termination). If by reason of regulatory or legislative action or interpretation, TESC’s provision of any Service programming violates any Law, rule, regulation or order as determined by a material breach judgment on the merits in a court of this Agreement allowing EchoStarcompetent jurisdiction (a “Judgment”), at then TESC may take such actions as it deems necessary in its exclusive optionsole judgment to protect the business, reputation, and goodwill of TESC and/or any of its Affiliates and to immediately terminate this Agreement. The right prevent the institution of any such proceedings against TESC and/or any of its Affiliates, including without limitation termination of the Lease and suspension and/or restriction of the transmission of all or any of the Service in the Territory or any portion of the Territory or to terminate certain Subscribers within the Territory, but only in any case shall be in addition so far as it relates to and without limiting any other rights the Service or remedies portion of the terminating party may haveService that is the subject of the Judgment. For clarity, EchoStar's TESC’s right to terminate this Agreement Lease shall apply with respect to the Service Services on a channel per channel basis (i.e. EchoStar TESC shall have the right to terminate the Service this Lease with respect to a particular channel or set of channels each Service based upon Network's Playboy’s breach of this Agreement Lease as it relates to each such channel or channels Service, without terminating this Agreement Lease in whole).. For clarity, in lieu of the foregoing, TESC may terminate this Lease as a whole. Not earlier than fifteen (15) months for the Playboy TV Service, and not earlier than twelve (12) months for the fresh! Service, from the Effective Date, Playboy shall have the right to discontinue provision of the applicable Service, in its sole and absolute discretion, provided, that, Playboy generally discontinues distribution of such Service to all Distributors contemporaneously and shall not thereafter re-enter or re-introduce the Service or any substantially similar service in the market during the remainder of the Term hereof. 12. *****

Early Termination Rights. In addition to all other rights to termination specifically set forth in this a. This Agreement or available and the license hereby granted may be terminated at law or in equity, either party shall have any time by the right to terminate this Agreement if the other party has (a) breached any of its material obligations under this Agreement (unless the breach is cured within the thirty (30)-day period following receipt of Licensor on written notice of the breach; provided, that if a shorter or longer cure period is provided elsewhere in this Agreement for a particular breach, then such shorter or longer cure period shall apply and, in the case where immediate termination is provided for elsewhere in this Agreement, immediate termination shall apply. Each party agrees and acknowledges that there are certain breaches which are incapable of being cured and are therefore not subject to the effective automatically thirty (30) day cure perioddays after the receipt thereof by the Licensee upon the occurrence of the following: i. The ownership or control or any incidents of ownership (including but not limited to the right to sell, to agree to sell, to pledge or to restrict the discretion in voting) of the securities of The WhiteWave Foods Company, a Delaware corporation and the parent company of Licensee (the “Parent Company”); , changes such that a “Change of Control Event” as defined herein occurs and the party who attains control of Licensee is (a) a party whose primary business is in the daily products or daily beverage industry (in Licensor’s reasonable discretion), or (b) has a net worth at least 50% less than the net worth of Licensee; provided, however, that an initial public offering of securities of the Parent Company as contemplated in a Form S-l filed by Parent Company on August 7, 2012 (Registration Number 333-183112) or a petition distribution of Parent Company stock also as contemplated in bankruptcysuch Form S-l shall not be deemed a Change in Control Event. As used herein, is insolventthe term “control” as used with respect to an entity or business, shall mean possession, directly or has sought relief under indirectly, of the power to direct or cause the direction of the management or policies of such entity or business, whether through ownership of voting securities, contract or otherwise; ii. Licensee shall fail, in any law related material respect, to its financial condition or its ability to meet its payment obligations; or (c) had any involuntary petition in bankruptcy filed against it, or any relief under any such law has been sought by perform any of its creditorsthe terms of this Agreement to be performed by Licensee and, unless the involuntary petition is dismissedotherwise provided herein, or the relief is denied, shall fail to correct such breach within thirty (30) days after it has been filed or sought. In addition to and without limiting the generality receipt of written notification of the foregoingbreach, EchoStar or, if such breach is not capable of being cured within such thirty (30) day period, Licensee shall have an additional sixty (60) days to cure such breach as long as it is diligently pursuing such cure throughout the immediate cure period; iii. [Intentionally left blank.] iv. Other than as a result of Licensor’s breach under this Agreement, or any other action or omission of Licensor, Licensee becomes the subject of any governmental, labor or consumer action, proceeding, boycott or campaign which, in Licensor’s reasonable judgment, may injure or bring discredit upon the Licensed Trademarks or the good will represented thereby; v. Licensor shall determine in good faith that Licensee is producing the Licensed Products under unsafe health and sanitation conditions and shall fail to correct such breach within forty-eight (48) hours after receipt of notification of Licensor’s determination, provided, however, that Licensee shall not produce any Licensed Products until Licensee has corrected such breach to Licensor’s reasonable satisfaction. Licensor’s determination that Licensee is producing the Licensed Products under unsafe health and sanitation conditions may be based upon either inspections by Licensor’s representatives and/or the actions of any federal, state or local governmental body in citing Licensee for violations of applicable health or sanitation laws or regulations; vi. Licensor shall determine in good faith that Licensee is producing and/or selling a non-organic, shelf-stable flavored or white milk. vii. Licensee fails to follow properly the specifications for the Licensed Products, or fails to meet any requirements of the quality control program and fails to cure such breach within thirty (30) days after receipt of written notice from Licensor, provided, however, that Licensee shall not produce any Licensed Products until Licensee shall have corrected such breach to Licensor’s reasonable satisfaction. viii. During any Contract Year Licensee fails to pay Licensor any royalties due to be paid hereunder within ten (10) days of the date such payment is due if previously during such Contract Year Licensee failed to pay Licensor any royalties when such payment was due and as a result thereof received a written notice from Licensor that such payment was overdue. ix. If Licensee shall fail to carry on the production, distribution and sale of the Licensed Products in accordance with the terms and intent of this Agreement, and shall fail to correct such breach within thirty (30) days after receipt of written notification from Licensor. x. Licensor and/or Licensee receive notice of a claim of infringement related to this Agreement and Licensor in its reasonable judgment believes such termination is necessary to resolve such claim. xi. If at the conclusion of the Initial Term Licensee fails to achieve the Minimum Sales Volumes or pay the Minimum Royalty set forth in Sections 6 and 7, as applicable. Except with respect to the provisions of subparagraphs (a)(ii), (v), (vi) and (vii) of this Section, Licensee shall have no right to cure any defaults except upon the express, written permission of Licensor. b. If Licensee files a petition in bankruptcy or is adjudicated bankrupt, or if a petition in bankruptcy is filed against Licensee which is not dismissed within ninety (90) days, or if Licensee becomes insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law, or if Licensee discontinues its business or if a receiver is appointed for Licensee or Licensee’s business who is not discharged within ninety (90) days, the license granted hereunder shall automatically terminate forthwith without any notice whatsoever being necessary, it being acknowledged by both Licensor and Licensee that Licensee possesses unique and special skills of a personal nature, upon which Licensor has relied in entering into this Agreement. c. Licensor shall be under no obligation to terminate this Agreement without liability upon notice to Network if delivery on the happening of any or all of the Service events set forth in Section 25, and, unless Licensor notifies Licensee otherwise in writing, its failure to do so in any instance shall not be deemed a waiver of its right to do so. Licensor’s rights under Section 26 are in addition to all rights which Licensor otherwise may have against Licensee. d. This Agreement and the license hereby granted may be terminated at any time by Network the Licensee on written notice effective automatically thirty (30) days after the sending thereof to EchoStar is discontinued or interrupted for a continuous period Licensor in case: i. Licensor shall fail to perform any of the other terms of this Agreement to be performed by Licensor and shall fail to correct such breach within sixty (60) days after receipt of written notification of the breach; or ii. Licensor files a petition in bankruptcy or is adjudicated bankrupt, a petition in bankruptcy is filed against Licensor which is not dismissed within ninety (90) days. In addition , or Licensor becomes insolvent or a receiver of the business of Licensor is appointed who is not discharged within ninety (90) days, or Licensor makes an assignment for the benefit of creditors, or an arrangement pursuant to any other rights that EchoStar may have at law bankruptcy law, or in equity, any adjudicated breach by Network a petition under Chapter 11 of the Subscription Bankruptcy Act is filed on behalf of the Licensor, or Licensor terminates or suspends operations for a period in excess of ten (10) days as a result of the action of any creditor or creditors, or a substantial portion of Licensor’s assets are transferred to any creditor by foreclosure, peaceable possession or similar procedure; or iii. Licensor fails to commence the defense of an infringement action filed against Licensee alleging that Licensee’s use of the Licensed Trademarks in accordance with this Agreement, violates the Certificate Of Designation And Preferences Of Interests To Be Represented By Special Series U Non-Voting Common Shares Of Current Media, LLC intellectual property rights of a third party or Exhibit A thereto, a judgment is rendered against Licensee or Licensor or a settlement is entered into between EchoStar Media Holdings Corporation and Current Media, LLC dated as by Licensor that requires or results in a material modification of the Effective Daterights granted by Licensor to Licensee hereunder; shall constitute a material breach of this Agreement allowing EchoStar, at its exclusive option, to immediately terminate this Agreement. The right to terminate in any case or e. Licensee shall be in addition to and without limiting any other rights or remedies the terminating party may have. For clarity, EchoStar's right under no obligation to terminate this Agreement on the happening of any or all of the events set forth in Section 25, and, unless Licensee notifies Licensor otherwise in writing, its failure to do so in any instance shall apply with respect to the Service on not be deemed a channel per channel basis (i.e. EchoStar shall have the waiver of its right to terminate the Service with respect do so. Licensee’s rights under Section 26 are in addition to a particular channel or set of channels based upon Network's breach of this Agreement as it relates to such channel or channels without terminating this Agreement in whole)all rights which Licensee otherwise may have against Licensor.

Early Termination Rights. In addition to all other rights to termination specifically set forth in this Agreement Lease or available at law or in equity, either party shall have the right to terminate this Agreement Lease if the other party has (ai) breached any of its material obligations under this Agreement Lease (unless the breach is cured within the thirty (30)-day period following receipt of notice of the breach; provided, that if a shorter or longer cure period is provided elsewhere in this Agreement Lease for a particular breach, then such shorter or longer cure period shall apply and, in the case where immediate termination is provided for elsewhere in this AgreementLease, immediate termination shall apply. Each party agrees and acknowledges that there are certain breaches which are incapable of being cured and are therefore not subject to the thirty (30) day cure period); (bii) filed a petition in bankruptcy, is insolventunable to pay current bills when due, or has sought relief under any law related to its financial condition or its ability to meet its payment obligations; or (ciii) had any involuntary petition in bankruptcy filed against it, or any relief under any such law has been sought by any of its creditors, unless the involuntary petition is dismissed, or the relief is denied, within thirty sixty (3060) days after it has been filed or sought. In addition to and without limiting the generality of the foregoingaddition, EchoStar TESC shall have the immediate right to terminate this Agreement Lease immediately and without liability (except for amounts payable to Playboy through the effective date of termination) upon notice to Network Playboy if any person or entity who, as of the Effective Date, did not possess, directly or indirectly, the power to direct or cause the direction of management or policies of Playboy or of Playboy Enterprises, Inc., whether by virtue of the ownership of voting stock, by contract or otherwise, later comes into possession of such power. Either party shall have the right to terminate this Lease in accordance with Section 15(f) of this Lease in the event of a Force Majeure. In addition, TESC shall have the right to terminate this Lease immediately and without liability (except for amounts payable to Playboy through the effective date of termination) upon notice to Playboy: (i) if the delivery of any of the Service Services by Network Playboy to EchoStar TESC is discontinued or interrupted for a continuous period of sixty fifteen (6015) days, (ii) if Playboy, or any executive officer or director of Playboy, is convicted in a court of competent jurisdiction of any criminal offense related to Adult content, (iii) if Playboy fails to comply with any Law related to Adult content, including, without limitation, the provisions of 18 U.S.C. 2257, (iv) if TESC reasonably believes that Playboy has falsified, or Playboy is criminally charged or indicted for falsifying, any documents, records or reports required by this Lease or any Law related to Adult content, (v) if TESC reasonably believes that there is evidence of, or Playboy is criminally charged or indicted for, fraud, misrepresentation or illegal action in connection with this Lease, ***** and/or (vii) upon any assignment by Playboy of all or any part of the Lease. In addition to and not in limitation of the foregoing, in the event that TESC determines in good faith, in its sole discretion, that the activities contemplated under this Lease or any other rights that EchoStar may circumstances, including without limitation an increase in obscenity prosecutions or citizen protests against adult-oriented products or services, may: (A) adversely impact the business, reputation, or goodwill of TESC and/or any of its Affiliates; or (B) result in the institution of civil, criminal, administrative or other proceedings against TESC and/or any of its Affiliates, or any of their officers, directors or employees, TESC will have at law or in equity, any adjudicated breach by Network of the Subscription Agreement, the Certificate Of Designation And Preferences Of Interests To Be Represented By Special Series U Non-Voting Common Shares Of Current Media, LLC or Exhibit A thereto, entered into between EchoStar Media Holdings Corporation and Current Media, LLC dated as of the Effective Date; shall constitute a material breach of this Agreement allowing EchoStar, at its exclusive option, to immediately terminate this Agreement. The right to terminate this Lease after evaluating and implementing commercially reasonable methods to address TESC's commercially reasonable concerns; provided, that TESC may only take action under this sentence in the event that it treats all providers of similar content in the same manner. If by reason of regulatory or legislative action or interpretation, TESC's provision of any case shall be Service programming violates any law, rule, regulation or order as determined by a judgment on the merits in addition a court of competent jurisdiction (a "Judgment"), then TESC may take such actions as it deems necessary in its sole judgment to protect the business, reputation, and goodwill of TESC and/or any of its Affiliates and to prevent the institution of any such proceedings against TESC and/or any of its Affiliates, including without limiting limitation termination of the Lease and suspension and/or restriction of the transmission of all or any other rights of the Service in the Territory or remedies any portion of the terminating party may haveTerritory or to certain Subscribers within the Territory, but only in so far as it relates to the Service or portion of the Service that is the subject of the Judgment. For clarity, EchoStarTESC's right to terminate this Agreement Lease shall apply with respect to the Service Services on a channel per channel basis (i.e. EchoStar TESC shall have the right to terminate the Service Services with respect to a particular channel or set of channels based upon NetworkPlayboy's breach of this Agreement Lease as it relates to such channel or channels without terminating this Agreement Lease in whole).. *****

Early Termination Rights. In addition to all other rights to termination specifically set forth in Either party may terminate this Agreement if: 5.2.1 a voluntary or available at law involuntary petition in bankruptcy is filed by or in equityagainst the other party, either which is not dismissed, or the other party makes a general assignment of its assets to its creditors or a similar event occurs; 5.2.2 the other party materially breaches its obligations hereunder. In the event of a breach, the non-breaching party may provide written notice to the other party of the alleged breach. The other party shall have 30 days from receipt of such notice (10 days for payment breaches) to cure the breach; if the breach is not cured within the 30 day cure period, the non-breaching party shall have the right to terminate the Agreement; or 5.2.3 in the event of the settlement of any investigation, proceeding, suit, or other action by a Federal, State, or local regulatory or enforcement agency or authority which will have a “material adverse effect” (as defined below) on the other party’s business and (i) continuing to do business with such other party would injure the reputation of the non-settling party in any material respect, as reasonably determined, or (ii) such event causes a material change to the method, content or delivery of the offer which would materially adversely effect response or cancel rates. For purposes hereof, “material adverse effect” means that the settling party would be required to report such settlement under the first sentence of Instruction 2 to Item 103 of Regulation S-K under the Code of Federal Regulations, Title 17, Part 229, whether or not the party is subject to Regulation S-K. 5.2.4 in the event a governmental body with legislative, rule making, prosecutorial, or judicial authority enacts a new rule of law or regulation or issues an order or the like, which will prevent either party from substantially performing its obligations hereunder (which may, among other things, be based upon a party being advised of such by written opinion of outside counsel), the parties shall then negotiate in good faith toward a restructuring of this Agreement if in manner that will, insofar as legally permissible, provide each party with the benefits herein contemplated. Should the parties be unable to come to an agreement in regard to an appropriate financial or other party has (a) breached any restructuring of its material obligations under this Agreement (unless the breach is cured within the thirty (30)-day period following receipt of notice of the breach; provided, that if a shorter or longer cure period is provided elsewhere in this Agreement for a particular breach, then such shorter or longer cure period shall apply and, in the case where immediate termination is provided for elsewhere in this Agreement, immediate termination shall apply. Each then either party agrees and acknowledges that there are certain breaches which are incapable of being cured and are therefore not subject to the thirty (30) day cure period); (b) filed a petition in bankruptcy, is insolvent, or has sought relief under any law related to its financial condition or its ability to meet its payment obligations; or (c) had any involuntary petition in bankruptcy filed against it, or any relief under any such law has been sought by any of its creditors, unless the involuntary petition is dismissed, or the relief is denied, within thirty (30) days after it has been filed or sought. In addition to and without limiting the generality of the foregoing, EchoStar shall have the immediate right to may terminate this Agreement without liability upon at least ten (10) days written notice to Network if delivery of the Service by Network to EchoStar is discontinued or interrupted for a continuous period of sixty (60) days. In addition to any other rights that EchoStar may have at law or in equity, any adjudicated breach by Network of the Subscription Agreement, the Certificate Of Designation And Preferences Of Interests To Be Represented By Special Series U Non-Voting Common Shares Of Current Media, LLC or Exhibit A thereto, entered into between EchoStar Media Holdings Corporation and Current Media, LLC dated as of the Effective Date; shall constitute a material breach of this Agreement allowing EchoStar, at its exclusive option, to immediately terminate this Agreement. The right to terminate in any case shall be in addition to and without limiting any other rights or remedies the terminating party may have. For clarity, EchoStar's right to terminate this Agreement shall apply with respect to the Service on a channel per channel basis (i.e. EchoStar shall have the right to terminate the Service with respect to a particular channel or set of channels based upon Network's breach of this Agreement as it relates to such channel or channels without terminating this Agreement in whole)termination.

Early Termination Rights. In addition to all other rights to termination specifically set forth in this Agreement or available at law or in equity, either party Tenant shall have the right to terminate this Agreement if Lease for a portion of the other party has Premises to be determined by Tenant in its sole discretion consisting only of full floor increments according to the following schedule (a“Early Termination Right”) breached effective at midnight, Mountain Time, on the applicable termination date (“Early Termination Date”), provided (i) Tenant is not then in monetary Default beyond the applicable period for notice and cure of any of its material obligations under this Agreement (unless the breach is cured within the thirty (30)-day period following receipt of notice terms, covenants, conditions, provisions or agreements of the breach; provided, that if a shorter or longer cure period is provided elsewhere in this Agreement for a particular breach, then such shorter or longer cure period shall apply and, in the case where immediate termination is provided for elsewhere in this Agreement, immediate termination shall apply. Each party agrees and acknowledges that there are certain breaches which are incapable of being cured and are therefore not subject to the thirty (30) day cure period); (b) filed a petition in bankruptcy, is insolvent, or has sought relief under any law related to its financial condition or its ability to meet its payment obligations; or (c) had any involuntary petition in bankruptcy filed against itLease, or any relief under any such law has been sought by any amendments thereto; (ii) Tenant shall have given Landlord written notice of its creditorselection to so terminate on or before the last day of applicable notice date(s) set forth below (“Termination Notice”), unless which termination shall be effective on the involuntary petition applicable Early Termination Date if notice is dismissedso timely given; and (iii) within the time frame set forth below, Tenant delivers the applicable Termination Fee (described below) in cash or the relief is deniedcertified funds to Landlord. Once Tenant has exercised its first Early Termination Right, within thirty (30) days after it has been filed or sought. In addition to and without limiting the generality all subsequent exercises of the foregoingEarly Termination Right by Tenant shall be only for full floors contiguous to the floor(s) previously surrendered by Tenant pursuant to the provisions hereof. If Tenant meets the conditions described above and elects to exercise its Early Termination Rights, EchoStar the Term of the Lease for the applicable portion of the Premises shall expire and come to an end on the applicable Early Termination Date and Tenant shall surrender the entirety of the applicable portion of the Premises to Landlord in the condition required by the Lease and neither party shall have any further obligations to the immediate right to terminate this Agreement without liability upon notice to Network if delivery of the Service by Network to EchoStar is discontinued or interrupted for a continuous period of sixty (60) days. In addition to any other rights that EchoStar may have at law or in equity, any adjudicated breach by Network of the Subscription Agreement, the Certificate Of Designation And Preferences Of Interests To Be Represented By Special Series U Non-Voting Common Shares Of Current Media, LLC or Exhibit A thereto, entered into between EchoStar Media Holdings Corporation and Current Media, LLC dated as of the Effective Date; shall constitute a material breach of this Agreement allowing EchoStar, at its exclusive option, to immediately terminate this Agreement. The right to terminate in any case shall be in addition to and without limiting any other rights or remedies the terminating party may have. For clarity, EchoStar's right to terminate this Agreement shall apply with respect to such space after the Service on a channel per channel basis (i.e. EchoStar shall have the right to terminate the Service applicable Early Termination Date, except with respect to a particular channel such items as expressly survive the expiration or set of channels based upon Network's breach earlier termination of this Agreement Lease. Failure of the Tenant to give timely notice of its election to exercise its applicable Early Termination Right or to pay the applicable Termination Fee as it relates set forth herein shall operate as a waiver of that specific Early Termination Right (but not any subsequent rights) and this Lease shall continue to such channel or channels without terminating this Agreement in whole).be fully enforceable. The Early Termination Right of Tenant is as follows:

Early Termination Rights. In addition to all other rights to termination specifically set forth in this Agreement or available at law or in equity, either party shall have the right to terminate this Agreement if the other party has (a) breached any of its material obligations under this Agreement (unless the breach is cured within the thirty (30)-day period following receipt of notice of the breach; provided, that if a shorter or longer cure period is provided elsewhere in this Agreement for a particular breach, then such shorter or longer cure period shall apply and, in the case where immediate termination is provided for elsewhere in this Agreement, immediate termination shall apply. Each party agrees and acknowledges that there are certain breaches which are incapable of being cured and are therefore not subject to the thirty (30) day cure period); (b) filed a petition in bankruptcy, is insolvent, or has sought relief under any law related to its financial condition or its ability to meet its payment obligations; or (c) had any involuntary petition in bankruptcy filed against it, or any relief under any such law has been sought by any of its creditors, unless the involuntary petition is dismissed, or the relief is denied, within thirty (30) days after it has been filed or sought. In addition to and without limiting the generality of the foregoing, EchoStar shall have the immediate right to terminate this Agreement without liability upon notice to Network if delivery of the Service by Network to EchoStar is discontinued or interrupted for a continuous period of sixty (60) days. In addition to any other rights that EchoStar may have at law or in equity, any adjudicated breach by Network of the Subscription Agreement, the Certificate Of Designation And Preferences Of Interests To Be Represented By Special Series U Non-Voting Common Shares Of Current Media, LLC or Exhibit A thereto, entered into between EchoStar Media Holdings Corporation and Current Media, LLC dated as of the Effective Date; shall constitute a material breach of this Agreement allowing EchoStar, at its exclusive option, to immediately terminate this Agreement. The right to terminate in any case shall be in addition to and without limiting any other rights or remedies the terminating party may have. For clarity, EchoStar's right to terminate this Agreement shall apply with respect to the Service on a channel per channel basis (i.e. EchoStar shall have the right to terminate the Service with respect to a particular channel or set of channels based upon Network's breach of this Agreement as it relates to such channel or channels without terminating this Agreement in whole). [*] [*] CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Early Termination Rights. In addition Notwithstanding anything to all other rights to termination specifically set forth the contrary in this Agreement the Lease, provided no uncured default or available at law or breach shall then be in equity, effect under the Lease either party shall have the right to terminate this Agreement if the other party has (ai) breached any of its material obligations under this Agreement (unless the breach is cured within the thirty (30)-day period following receipt of notice as of the breach; provided, that if a shorter or longer cure period is provided elsewhere in this Agreement for a particular breach, then such shorter or longer cure period shall apply and, in the case where immediate termination is provided for elsewhere in this Agreement, immediate termination shall apply. Each party agrees and acknowledges that there are certain breaches which are incapable date of being cured and are therefore not subject to the thirty (30) day cure period); (b) filed a petition in bankruptcy, is insolvent, or has sought relief under any law related to its financial condition or its ability to meet its payment obligations; or (c) had any involuntary petition in bankruptcy filed against it, or any relief under any such law has been sought by any of its creditors, unless the involuntary petition is dismissed, or the relief is denied, within thirty (30) days after it has been filed or sought. In addition to and without limiting the generality of the foregoing, EchoStar shall have the immediate right to terminate this Agreement without liability upon notice to Network if Lessee’s delivery of the Service by Network to EchoStar is discontinued First Notice of Termination (as hereinafter defined) or interrupted for a continuous period the Second Notice of sixty Termination (60as hereinafter defined), as applicable, or (ii) days. In addition to any other rights that EchoStar may have at law or in equity, any adjudicated breach by Network of the Subscription Agreement, the Certificate Of Designation And Preferences Of Interests To Be Represented By Special Series U Non-Voting Common Shares Of Current Media, LLC or Exhibit A thereto, entered into between EchoStar Media Holdings Corporation and Current Media, LLC dated as of the Effective Date; shall constitute a material breach of this Agreement allowing EchoStarFirst Early Termination Date (as hereinafter defined) or the Second Early Termination Date (as hereinafter defined), at its exclusive optionas applicable, to immediately terminate this Agreement. The right to terminate in any case shall be in addition to and without limiting any other rights or remedies the terminating party may have. For clarity, EchoStar's right to terminate this Agreement shall apply with respect to the Service on a channel per channel basis (i.e. EchoStar Lessee shall have the (x) a one-time right to terminate the Service Lease for up to 25,602 square feet of Rentable Area, effective January 31, 2018 (the “First Early Termination Date”), and (y) a one-time right to terminate the Lease for all or a portion of the Premises occupied by Lessee as of Second Early Termination Date, effective January 31, 2020 (the “Second Early Termination Date”). Lessee shall exercise its early termination rights granted under this Section 10 by delivering written notice to Lessor of Lessee’s election to terminate this Lease (a “Notice of Termination”), which Notice of Termination, in order to be timely and effective, shall be given, if at all, no later than six (6) months prior to the First Early Termination Date or Second Early Termination Date, as applicable. Should Lessee elect to terminate this Lease as herein provided, Lessee shall, concurrently with, and as a condition to the effectiveness of Lessee’s Notice of Termination, pay to Lessor an amount equal to the then not yet amortized portion of any leasing commissions and Tenant Improvement Allowance payable by Lessor in connection with this Lease which remain (amortization to be on a straight line basis). Upon written request by Lessee, Lessor shall provide Lessee with Lessor’s determination of the amount payable with respect to said unamortized commissions and Tenant Improvement Allowance. The foregoing termination right is personal to the named Lessee or any permitted transferee under Section 20.6 of the Original Lease and shall be deemed revoked and of no further force and effect following any Transfer (except a particular channel or set Transfer permitted and performed in accordance with Section 20.6 of channels based upon Network's breach of this Agreement as it relates to such channel or channels without terminating this Agreement in wholethe Original Lease).