Common use of Failure of Broadcast Transmissions Clause in Contracts

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: (i) the transmission of the regular broadcast programming of either of the Stations in the normal and usual manner is interrupted or discontinued; or (ii) either of the Stations is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, either of the Stations is not operated at its licensed operating parameters for more than thirty-six (36) hours (or, in the event of force majeure or utility failure affecting generally the market served ----- ------- by the Stations, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: (i) the transmission of the regular broadcast programming of either of the Stations Station in the normal and usual manner is interrupted or discontinued; or (ii) either of the Stations Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, either of the Stations Station is not operated at its licensed operating parameters for more than thirty-six (36) hours (or, in the event of force majeure or utility ----- ------- failure affecting generally the market served ----- ------- by the StationsStation, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four eight (4) 8) consecutive hours: (i) the transmission of the regular broadcast programming of either of the Stations Station in the normal and usual manner is interrupted or discontinued; or (ii) either of the Stations Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, either of the Stations Station is not operated at its licensed operating parameters for more than thirty-thirty six (36) hours (or, in the event of force majeure or utility failure affecting generally the market served ----- ------- by the StationsStation, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three five (35) or more Specified Events each lasting more than four eight (4) 8) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Failure of Broadcast Transmissions. Seller Company shall give prompt ---------------------------------- written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: (i) the transmission of the regular broadcast programming of either of the Stations Station in the normal and usual manner is interrupted or discontinued; or (ii) either of the Stations Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, either of the Stations is Station has not operated at its licensed operating parameters for more than thirty-six (36) hours (or, in the event of force majeure or utility failure ----- ------- affecting generally the market served ----- ------- by the StationsStation, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1Section 8.4(a)(1) or 8.5(a)(28.4(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder, except that Buyer shall be entitled to demand current payment of the Contingent Liability.

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: (i) the transmission of the regular broadcast programming of either of the Stations Station in the normal and usual manner is interrupted or discontinued; or (ii) either of the Stations Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, either of the Stations is Station has not operated at its licensed operating parameters for more than thirtyforty-six eight (3648) hours (or, in the event of force majeure or utility failure affecting generally the market served ----- ------- by the StationsStation, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(28.4(a). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Failure of Broadcast Transmissions. Seller Company shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four (4) consecutive hours: hours (except for routine maintenance): (i) the transmission of the regular broadcast programming of either of the Stations Station in the normal and usual manner is interrupted or discontinued; or (ii) either of the Stations Station is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, either of the Stations is Station has not operated at its licensed operating parameters for more than thirty-six (36) hours (or, in the event of force majeure or utility failure affecting generally the market served ----- ------- by the StationsStation, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four (4) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1Section 8.4(a)(1) or 8.5(a)(28.4(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four twelve (412) consecutive hours: (i) the transmission of the regular broadcast programming of either any of the Stations in the normal and usual manner is interrupted or discontinued; or (ii) either any of the Stations is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, either any of the Stations is not operated at its licensed operating parameters for more than thirtyforty-six eight (3648) hours (or, in the event of force majeure or utility failure affecting generally the market served ----- ------- by the Stations, ninety-six one hundred and twenty (96120) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four twelve (412) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.

Failure of Broadcast Transmissions. Seller shall give prompt written notice to Buyer if any of the following (a "Specified Event") shall occur and continue for a period of more than four twelve (412) consecutive hours: (i) the transmission of the regular broadcast programming of either any of the Stations in the normal and usual manner is interrupted or discontinued; or (ii) either any of the Stations is operated at less than its licensed antenna height above average terrain or at less than eighty percent (80%) of its licensed effective radiated power. If, prior to Closing, either any of the Stations is not operated at its licensed operating parameters for more than thirtyforty-six eight (3648) hours (or, in the event of force majeure or utility failure affecting generally the market served by the ----- ------- by the Stations, ninety-six one hundred and twenty (96120) hours), whether or not consecutive, during any period of thirty (30) consecutive days, or if there are three (3) or more Specified Events each lasting more than four twelve (412) consecutive hours, then Buyer may, at its option: (i) terminate this Agreement, or (ii) proceed in the manner set forth in Paragraph 8.5(a)(1) or 8.5(a)(2). In the event of termination of this Agreement by Buyer pursuant to this Section, the Initial Escrow Deposit together with all interest accrued thereon shall be returned to Buyer and the parties shall be released and discharged from any further obligation hereunder.