Common use of Embedding Clause in Contracts

Embedding. Network shall not embed any information, data, images, sounds or features into or around any portion of the Signal (collectively, “Embedded Information”) that is not related to the Service. Network agrees that it shall not include any Embedded Information that cannot be removed and/or blocked by the Distribution System using equipment then-existing and available at the Facility. Network hereby consents to such removal and blocking, and agrees to provide to DISH assistance and information reasonably requested by DISH with respect to the removal and/or blocking, as long as the removal and/or blocking will not remove, block, interfere with or impede in any way the Primary Signal or the Required Materials. If the equipment required for removal or blocking is commonly used in the cable television industry by DBS providers, DISH shall be responsible for obtaining the equipment. Notwithstanding the foregoing, Network agrees that, other than Required Materials, it shall not include any Embedded Information that would impede, interfere with or degrade the function of any hardware, software, firmware or any other equipment or device used by DISH or degrade the Primary Signal. Network acknowledges that Nxxxxxx’x video based measurement system may cause minimal degradation to the Primary Signal that may be perceptible to Service Subscribers, and agrees that it shall use commercially reasonable efforts to transition to the Nxxxxxx audio based measurement system or a similar system that does not degrade the Primary Signal. Network represents that, other than the Required Materials, it is not currently engaged in embedding any Embedded Materials, and Network agrees that is shall provide DISH with ninety (90) days’ advance written notice (or such shorter time as is practicable under the circumstances) of its intention to embed any Embedded Materials prior to commencement of such embedding, which notice shall describe with specificity the information Network intends to embed and the technical placement of the information within the Signal. Further, Network agrees that after commencement of the embedding, it shall provide DISH with at least one hundred twenty (120) days’ advance written notice (or, if shorter, the maximum length of time that is practicable under the circumstances) of its intention to change any of the Embedded Materials and/or the technical placement of the Embedded Materials within the Signal.

Appears in 2 contracts

Samples: Affiliation Agreement (Real Hip-Hop Network, Inc), Affiliation Agreement (Real Hip-Hop Network, Inc)

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Embedding. Network shall not embed any information, data, images, sounds or features into or around any portion of the Signal (collectively, "Embedded Information") that is not related to the Service. Network agrees that it shall not include any Embedded Information that cannot be removed and/or blocked by the Distribution System using equipment then-existing and available at the Facility. Network hereby consents to such removal and blocking, and agrees to provide to DISH EchoStar assistance and information reasonably requested by DISH EchoStar with respect to the removal and/or blocking, as long as the removal and/or blocking will not remove, block, interfere with or impede in any way the Primary Signal or the Required Materials. If the equipment required for removal or blocking is commonly used in the cable television industry by DBS providers, DISH EchoStar shall be responsible for obtaining the equipment. Notwithstanding the foregoing, Network agrees that, other than Required Materials, it shall not include any Embedded Information that would impede, interfere with or degrade the function of any hardware, software, firmware or any other equipment or device used by DISH EchoStar or degrade the Primary Signal. Network acknowledges that Nxxxxxx’x Xxxxxxx'x video based measurement system may cause minimal degradation to the Primary Signal that may be perceptible to Service Subscribers, and agrees that it shall use commercially reasonable efforts to transition to the Nxxxxxx Xxxxxxx audio based measurement system or a similar system that does not degrade the Primary Signal. Network represents that, other than the Required Materials, it is not currently engaged in embedding any Embedded Materials, and Network agrees that is shall provide DISH EchoStar with ninety (90) days' advance written notice (or such shorter time as is practicable under the circumstances) of its intention to embed any Embedded Materials prior to commencement of such embedding, which notice shall describe with specificity the information Network intends to embed and the technical placement of the information within the Signal. Further, Network agrees that after commencement of the embedding, it shall provide DISH EchoStar with at least one hundred twenty (120) days' advance written notice (or, if shorter, the maximum length of time that is practicable under the circumstances) of its intention to change any of the Embedded Materials and/or the technical placement of the Embedded Materials within the Signal.

Appears in 2 contracts

Samples: Affiliation Agreement (Current Media, Inc.), Affiliation Agreement (Current Media, Inc.)

Embedding. Network Playboy shall not embed any information, data, images, sounds or features into or around any portion of the Signal for a Service (collectively, “Embedded Information”) that is not related to the Service. Network Playboy agrees that it shall not include any Embedded Information that cannot be removed and/or blocked by the Distribution Transmission System using equipment then-existing and available at the Facility. Network Playboy hereby consents to such removal and blocking, and agrees to provide to DISH TESC assistance and information reasonably requested by DISH TESC with respect to the removal and/or blocking, as long as the removal and/or blocking will not remove, block, interfere with or impede in any way the Primary Signal or the Required Materials. If TESC removes Embedded Information, TESC shall have the right to send equivalent information through some other part of its broadcast system than the Signal. If the equipment required for removal or blocking is commonly used in the cable television industry by DBS providers, DISH TESC shall be responsible for obtaining the equipment. Notwithstanding the foregoing, Network Playboy agrees that, other than Required Materials, it shall not include any Embedded Information that would impede, interfere with or degrade the function of any hardware, software, firmware or any other equipment or device used by DISH TESC or its Affiliates or degrade the Primary Signal. Network acknowledges that Nxxxxxx’x video based measurement system may cause minimal degradation to the Primary Signal that may be perceptible to Service Subscribers, and agrees that it shall use commercially reasonable efforts to transition to the Nxxxxxx audio based measurement system or a similar system that does not degrade the Primary Signal. Network Playboy represents that, other than the Required Materials, it is not currently engaged in embedding any Embedded MaterialsInformation, and Network Playboy agrees that is shall provide DISH TESC with ninety (90) days’ days advance written notice (or such shorter time as is practicable under the circumstances) of its intention to embed any Embedded Materials Information prior to commencement of such embedding, which notice shall describe with specificity the information Network Playboy intends to embed and the technical placement of the information within a Signal. Provided that Playboy provides TESC with notice as required by this Section, and provided that such materials can be stripped by TESC as set forth in this Section, TESC consents to the Signalembedding by Playboy of DRM material in the Signals. Further, Network Playboy agrees that after commencement of the embedding, it shall provide DISH TESC with at least one hundred twenty (120) days’ days advance written notice (or, if shorter, the maximum length of time that is practicable under the circumstances) of its intention to change any of the Embedded Materials Information and/or the technical placement of the Embedded Materials Information within a Signal. Notwithstanding the forgoing, the signal distribution capacity contained within the Signalbandwidth of each Signal between Playboy’s transmission point and the Facility or other first downlink facilities shall belong exclusively to Playboy. Notwithstanding anything to the contrary contained in this Section, Playboy agrees that it shall embed in the Signal of each of Services program rating data (for standard definition, such data shall be delivered in accordance with CEA 608-C (or its then-current successor); for high definition, Playboy shall provide CEA 608-C (or its then-current successor) compatibility data within CEA-708-B (or its then-current successor) structures as described in CEA 708-B or its then-current successor).

Appears in 1 contract

Samples: Executed Agreement (Playboy Enterprises Inc)

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Embedding. Network Playboy shall not embed any information, data, images, sounds or features into or around any portion of the Signal for a Service (collectively, "Embedded Information") that is not related to the Service. Network Playboy agrees that it shall not include any Embedded Information that cannot be removed and/or blocked by the Distribution Transmission System using equipment then-existing and available at the Facility. Network Playboy hereby consents to such removal and blocking, and agrees to provide to DISH TESC assistance and information reasonably requested by DISH TESC with respect to the removal and/or blocking, as long as the removal and/or blocking will not remove, block, interfere with or impede in any way the Primary Signal or the Required Materials. If TESC removes Embedded Information, TESC shall have the right to send equivalent information through some other part of its broadcast system than the Signal. If the equipment required for removal or blocking is commonly used in the cable television industry by DBS providers, DISH TESC shall be responsible for obtaining the equipment. Notwithstanding the foregoing, Network Playboy agrees that, other than Required Materials, it shall not include any Embedded Information that would impede, interfere with or degrade the function of any hardware, software, firmware or any other equipment or device used by DISH TESC or its Affiliates or degrade the Primary Signal. Network acknowledges that Nxxxxxx’x video based measurement system may cause minimal degradation to the Primary Signal that may be perceptible to Service Subscribers, and agrees that it shall use commercially reasonable efforts to transition to the Nxxxxxx audio based measurement system or a similar system that does not degrade the Primary Signal. Network Playboy represents that, other than the Required Materials, it is not currently engaged in embedding any Embedded MaterialsInformation, and Network Playboy agrees that is shall provide DISH TESC with ninety (90) days' advance written notice (or such shorter time as is practicable under the circumstances) of its intention to embed any Embedded Materials Information prior to commencement of such embedding, which notice shall describe with specificity the information Network Playboy intends to embed and the technical placement of the information within a Signal. Provided that Playboy provides TESC with notice as required by this Section, and provided that such materials can be stripped by TESC as set forth in this Section, TESC consents to the Signalembedding by Playboy of DRM material in the Signals. Further, Network Playboy agrees that after commencement of the embedding, it shall provide DISH TESC with at least one hundred twenty (120) days' advance written notice (or, if shorter, the maximum length of time that is practicable under the circumstances) of its intention to change any of the Embedded Materials Information and/or the technical placement of the Embedded Materials Information within a Signal. Notwithstanding the forgoing, the signal distribution capacity contained within the Signalbandwidth of each Signal between Playboy's transmission point and the Facility or other first downlink facilities shall belong exclusively to Playboy. Notwithstanding anything to the contrary contained in this Section, Playboy agrees that it shall embed in the Signal of each of Services program rating data (for standard definition, such data shall be delivered in accordance with CEA 608-C; for high definition, Playboy shall provide CEA 608-C compatibility data within CEA-708-B structures as described in CEA 708-B).

Appears in 1 contract

Samples: Playboy Enterprises Inc

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