FAILURE TO BROADCAST. If, due to public emergency or necessity, force majeure, restriction imposed by law, act of God, mechanical or electrical breakdown, labor dispute or for other similar or dissimilar cause beyond STATION’s control, STATION fails to make a broadcast as required hereunder, STATION shall not be in breach of this contract. STATION may suggest a substitute time period for the broadcast of the interrupted or omitted commercial announcement or program. If STATION does not suggest a substitute time period or if no such substitute time period is acceptable to AGENCY, the time charges allocable to the omitted broadcast shall be waived. If a material part, but not all, of a scheduled broadcast is omitted, the time charges relating thereto shall be appropriately reduced. AGENCY shall have the benefit of the same discounts which would have been earned if there had been no interruption or omission of the broadcast. STATION shall have no other liability to AGENCY as a result of any interruption or omission.
FAILURE TO BROADCAST. (a) If STATION does not advertise part or all of any Program in substantial compliance with any stipulated time(s) according to the Contract, STATION may advertise the Program at subsequent times. If the Program is not advertised, CUSTOMER is not required to pay for the Program, or is entitled to a refund of any amount already paid for the Program.
(b) STATION may substitute for any Program any matter that STATION deems, in its sole discretion, to be of greater local or national importance. In such an event, West Texas Radio Group will notify CUSTOMER in advance if reasonably possible or within a reasonable time after the substitution, and the provisions of Paragraph 3(a) shall apply.
FAILURE TO BROADCAST. FORCE MAJEURE
FAILURE TO BROADCAST. Neither ATN nor Austereo will incur any liability under this agreement because of any failure to provide or failure to broadcast any Traffic Reports due to Force Majeure.
FAILURE TO BROADCAST. If, due to public emergency or necessity, restrictions imposed by law, acts of God, labor disputes or any other cause, including mechanical or electronic breakdowns beyond the control of Broadcast Management Services, Inc., and there is an interruption or omission of any commercial announcement or program broadcast contracted to be broadcast hereunder, then Broadcast Management Services, Inc. will substitute a time period for the broadcast of the interrupted or omitted program. If no substitute time period is acceptable to CLIENT, Broadcast Management Services, Inc. shall allow CLIENT a Pro-rata reduction in the time or program charges based on credit of individual broadcast for the next contract period.
FAILURE TO BROADCAST. (a) If due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, floods, hurricanes, lightning strikes, severe weather, power failure, computer viruses, labor disputes or for any other cause, including mechanical or electronic breakdowns, beyond Programmer's control, there is an interruption or omission of any program or commercial announcement contracted to be broadcast hereunder, Programmer may suggest a substitute time period for the broadcast of the interrupted or omitted commercial announcement or program. If no such substitute time period is acceptable to Client, Programmer shall allow Client a pro rata reduction in the time and/or program charges hereunder in the amount of money assigned to the time and/or program charges at time of purchase. Client shall have the benefit of the same discounts that would have been earned if there had been no interruption or omission in the broadcast.
FAILURE TO BROADCAST. If Licensee shall fail to broadcast ten percent (10%) of the advertising programs submitted by Broker pursuant to this Agreement in any month during the term of this Agreement. Notwithstanding the provisions of Section 16 hereof, there shall be no "cure" period for an event of default pursuant to this Section 15.3.
FAILURE TO BROADCAST. If for any reason there is an interruption or omission of any advertising contracted to be broadcast or published hereunder, STATION may suggest a substitute time period for the broadcast/publication of the interrupted or omitted advertising. If no such substitute time period is acceptable to AGENCY or ADVERTISER, STATION shall provided AGENCY or ADVERTISER with the following: (1) with respect to an on-air program, a pro rata reduction in the time and/or program charges hereunder in the amount of money assigned to the time and/or program charges at time of purchase; (2) with respect to an onair commercial announcement, a reduction in the time charges equal to the amount of money assigned to the commercial announcement at time of purchase; and (3) with respect to all other advertising, a pro rata reduction of charges hereunder . . The foregoing shall be STATION’s sole liability for any failure to broadcast/publish any advertising hereunder. IN NO EVENT SHALL STATION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
FAILURE TO BROADCAST. (a) If STATION does not advertise part or all of any Program in substantial compliance with any stipulated time(s) according to the Contract, STATION may advertise the Program at subsequent times. If the Program is not advertised, CUSTOMER is not required to pay for the Program, or is entitled to a refund of any amount already paid for the Program.
(b) STATION may substitute for any Program any matter that STATION deems, in its sole discretion, to be of greater local or national importance. In such an event, BVC will notify CUSTOMER in advance if reasonably possible or within a reasonable time after the substitution, and the provisions of Paragraph 3(a) shall apply.
FAILURE TO BROADCAST. STATION shall have the right to cancel any broadcast or portion thereof or commercial covered by this contract in order to broadcast any program that, in its absolute discretion, it deems to be of public significance. In any such case, STATION will notify CLIENT in advance if reasonably possible, but where no such notice can reasonably be given, STATION will notify CLIENT within two business days after such scheduled broadcast has been cancelled. In addition, an interruption or omission of any commercial announcement or program may occur due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for another cause, including mechanical or electronic breakdowns beyond STATION’s control. If any such event occurs, STATION may suggest a substitute makegood. If makegood is not acceptable to CLIENT, CLIENT will be not be required to pay for canceled broadcast without impact to the remainder of contract rates or schedules. The STATION’s liability for failure of a scheduled commercial announcement or program to air, for any reason, is limited to the cost of the commercial announcement or program as shown on this contract.
