Failure to Telecast Sample Clauses

Failure to Telecast. Media Outlet may substitute for an Ad any matter that Media Outlet deems, in its sole discretion, is of greater importance. Unless stated otherwise on the Order Form, all Ads are preemptible. In any case, all Ads are subject to these Terms. If Media Outlet does not telecast an Ad at any stipulated time, Media Outlet may telecast the Ad at a subsequent time. Media Outlet’s liability for failure to telecast shall not exceed the amount paid by Advertiser for telecast of the Ad and in no event is Advertiser entitled to monetary damages. Except as set forth in this section and Section 2, if the Ad is not telecast by Media Outlet, Advertiser is not required to pay for telecast, or is entitled to a refund of any amount already paid. For an Ad(s) that is ordered to air in the SMN and/or Impression-Based buy system(s), if said Ad airs in at least 95% of the Purchased Footprint, the Ad is deemed to have cleared and Advertiser agrees to pay in full. For purposes of this section, the “Purchased Footprint” is the aggregate demographic measurement and coverage area set forth in the Order Form (e.g., audience sold and/or guaranteed to be delivered across a certain number of Xxxxxxxx specific markets). In addition, notwithstanding anything to the contrary in this Contract, if an Ad is exhibited for at least ninety percent (90%) of the duration of the time ordered, or within five (5) minutes of a requested time, Advertiser agrees to pay in full. Upon mechanical failure, equipment problem, utility outage, technical problem, act of God, accident, fire, flood, tornado, hurricane, lock-out, strike or other labor dispute, war, terrorist act, earthquake, explosion or any other event beyond the reasonable control of Media Outlet, Media Outlet shall not be liable for any failure to perform.
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Failure to Telecast. If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause, including mechanical or electronic breakdowns, beyond the reasonable control of WTVQ, there is an interruption or omission of both the audio and video signals of the commercial announcement or the program provided by Agency or Advertiser pursuant to this Agreement (collectively the "Material"), WTVQ may suggest a substitute time period for the telecast of the Material (“Make Good”). If no such Make Good is acceptable to Advertiser, then WTVQ shall issue a credit against Advertiser’s account as follows:
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Failure to Telecast. Station may substitute for an Ad any matter that Station deems, in its sole discretion, is of greater importance. Unless stated otherwise on the Order Form, all Ads are preemptible. In any case, all Ads are subject to these Terms. If Station does not telecast an Ad at any stipulated time, Station may telecast the Ad at a subsequent time. Station’s liability for failure to telecast shall not exceed the amount paid by Advertiser for telecast of the Ad and in no event is Advertiser entitled to monetary damages. Except as set forth in this section and Section 2, if the Ad is not telecast by Station, Advertiser is not required to pay for telecast, or is entitled to a refund of any amount already paid. For an Ad(s) that is ordered to air in the SMN and/or Impression-Based buy system(s), if said Ad airs in at least 95% of the Purchased Footprint, the Ad is deemed to have cleared and Advertiser agrees to pay in full. For purposes of this section, the “Purchased Footprint” is the aggregate demographic measurement and coverage area set forth in the Order Form (e.g., audience sold and/or guaranteed to be delivered across a certain number of Xxxxxxxx specific markets). In addition, notwithstanding anything to the contrary in this Contract, if an Ad is exhibited for at least ninety percent (90%) of the duration of the time ordered, or within five
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Related to Failure to Telecast

  • Failure to Produce In the event the Buyer fails to produce the aforementioned letter or other acceptable verification by the date above in Section IV(c), this Agreement may be terminated at the election of the Seller with written notice provided to the Buyer within calendar days from the date in Section IV(c);

  • Failure to Provide Notice A failure to give timely Notice or to include any specified information in any Notice as provided in this Section 15.3 will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party which was entitled to receive such Notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a direct result of such failure and, provided further, the Indemnitor is not obligated to indemnify the Indemnitee for the increased amount of any Indemnifiable Loss which would otherwise have been payable to the extent that the increase resulted from the failure to deliver timely a Notice of Claim.

  • Failure to Provide Notice of Expiry If the HSP fails to provide the required 6 months’ Notice that it intends to allow this Agreement to expire, or fails to provide a Transition Plan along with any such Notice, this Agreement shall automatically be extended and the HSP will continue to provide the Services under this Agreement for so long as the Funder may reasonably require to enable all clients of the HSP to transition to new service providers.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Return to Work If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof including General Leave, an employee fails to return to work and no additional leave has been authorized, the employee shall be considered to have automatically resigned from his or her position. In such cases, the employee will receive advance notification of the District’s intent to implement an automatic resignation.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Achieve Commercial Operation If the Large Generating Facility fails to achieve Commercial Operation, but it or another generating facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facility, if different, is responsible for identifying and demonstrating to the Participating TO the appropriate entity to which reimbursement must be made in order to implement the intent of this reimbursement obligation.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Reporting of Abuse, Neglect, or Exploitation Consistent with provisions of 33 V.S.A. §4913(a) and §6903, any agent or employee of a Contractor who, in the performance of services connected with this agreement, has contact with clients or is a caregiver and who has reasonable cause to believe that a child or vulnerable adult has been abused or neglected as defined in Chapter 49 or abused, neglected, or exploited as defined in Chapter 69 of Title 33 V.S.A. shall make a report involving children to the Commissioner of the Department for Children and Families within 24 hours or a report involving vulnerable adults to the Division of Licensing and Protection at the Department of Disabilities, Aging, and Independent Living within 48 hours. This requirement applies except in those instances where particular roles and functions are exempt from reporting under state and federal law. Reports involving children shall contain the information required by 33 V.S.A. §4914. Reports involving vulnerable adults shall contain the information required by 33 V.S.A. §6904. The Contractor will ensure that its agents or employees receive training on the reporting of abuse or neglect to children and abuse, neglect or exploitation of vulnerable adults.

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