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.
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. FORCE MAJEURE Neither party will have any liability hereunder if performance by such party shall be prevented, interfered with or omitted because of labor dispute, failure of facilities, act of God, government or court action, terrorist act, or any other similar or dissimilar cause beyond the control of the party so failing to perform hereunder.
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 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. If for any reason there is an interruption or omission of any advertising contracted to be broadcast hereunder, STATION may suggest a substitute time period for the broadcast of the interrupted or omitted advertising. If no such substitute time period is acceptable to AGENCY or ADVERTISER, STATION shall allow AGENCY or ADVERTISER (1) with respect to a 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, and (2) with respect to a commercial announcement, a reduction in the time charges equal to the amount of money assigned to the commercial announcement at time of purchase. AGENCY or ADVERTISER shall have the benefit of the same discounts which would have been earned if there had been no interruption or omission in the advertising. The foregoing shall be STATION’s sole liability for any failure to broadcast a commercial announcement 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. If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or any other cause, including mechanical or electronic breakdowns, beyond Station’s control, there is an interruption or omission of my commercial or program contracted to be broadcast hereunder, Station may suggest a substitute time period for the broadcast. If no such substitute time is available or agreed upon between the parties, the time charges allocable to the interrupted or omitted program or commercial announcement will be waived.
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 Pappas preempts the Programming for any reason other than a reason perxxxxxx under Sections 4 and 9 of this Agreement and the FCC Expert makes a determination that such preemption was not permitted by Section 4 or 9, the FCC Expert shall also make a determination of the reimbursement payable by Pappas to AIC, based upon the pro rata portion of the Quarterly Considxxxxxxn paid with respect to any periods of time during which such Programming is not broadcast, and Pappas shall reimburse AIC for such amount as directed in the Expert Dxxxxxxn. AIC may set off against the Quarterly Consideration on a dollar-for-dollar basis all amounts payable under this Paragraph 3 which remain unpaid on any Quarterly Consideration Date. ATTACHMENT B EMPLOYEES Schedule 10.1 AIC shall reimburse Pappas for the following expenses, costs and taxes, which are attributxxxx xo the term of the LMA: (i) the salaries, payroll taxes, medical and other benefits and all related costs of the Pappas Employees and appropriate insurance (including worker's compensxxxxx and medical and general liability insurance), which for the calendar year 2003 will not exceed $250,000 and will not increase by more than the greater of (A) ten percent per year or (B) an amount equal to the prevailing market rate for such year in subsequent calendar years, (ii) all expenses payable under or with respect to the transmitter site lease (other than any arrearages existing as of the Effective Date), (iii) all expenses payable under or with respect to the studio site lease (or any substitute therefor), (iv) all utility payments required for the operation of the tower site or the studio site, (v) FCC regulatory fees, (vi) all taxes related to the KAZA Assets (as such term is defined in the Option Agreement) or the operation of the Station (other than income, gain, franchise, or similar income-based taxes), (vii) reasonable fees of FCC counsel incurred with respect to the Station, and (viii) any insurance premiums paid by Pappas and deductibles paid by Pappas under any insurance policy that Xxxxxx maintains pursuant to Sexxxxx 14.1.5. For purposes of illustratxxx xxly: the current monthly rent for the transmitter site is $13,085; the average monthly cost of utilities for the transmitter site for the last six months of calendar year 2002 was $18,020; the current monthly rent for the studio site lease is $5,782; the cost of FCC regulatory fees for the fiscal year ended September 30, 2002 was approximately $14,000. Ex...
