FCC Conditions. If the FCC imposes a condition on the approval, performance or terms and conditions of this Agreement that (i) has the effect of materially increasing the cost of performance by a party of its obligations under this Agreement, or (ii) that cancels, changes or supersedes any material term or provision of this Agreement (collectively, a “Regulatory Condition”), then the parties shall negotiate in good faith to modify this Agreement in a manner consistent with the form, intent, and purpose of this Agreement and as may be necessary to comply with such Regulatory Condition, while maintaining to the greatest extent possible the benefit of the bargain of this Agreement prior to the imposition of such Regulatory Condition. In the event that no modification is possible that would both satisfy the Regulatory Condition and reasonably maintain the benefit of the bargain, either party may terminate this Agreement by written notice to the other.
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Samples: Channel Sharing Agreement, Channel Sharing and Facilities Agreement
FCC Conditions. If the FCC imposes a condition on the approval, performance or terms and conditions of this Agreement or any of the FCC applications filed pursuant to this Agreement that (i) has the effect of materially increasing the cost of performance by a party of its obligations under this Agreement, Agreement or (ii) that cancels, changes or supersedes any material term or provision of this Agreement (collectively, a “"Regulatory Condition”"), then the parties shall negotiate in good faith to modify this Agreement in a manner consistent with the form, intent, and purpose of this Agreement and as may be necessary to comply with such Regulatory Condition, while maintaining to the greatest extent possible the benefit of the bargain of this Agreement prior to the imposition of such Regulatory Condition. In the event , provided that no modification is possible party shall be required to agree to any amendment that would both satisfy the Regulatory Condition and reasonably maintain the deprive that party of a material benefit of the bargain, either party may terminate this Agreement by written notice to the otherAgreement.
Appears in 1 contract
Samples: Channel Sharing Agreement
FCC Conditions. If the FCC imposes a condition on the approval, performance or terms and conditions of this Agreement or any of the FCC applications filed pursuant to this Agreement that (i) has the effect of materially increasing the cost of performance by a party of its obligations under this Agreement, Agreement or (ii) that cancels, changes or supersedes any material term or provision of this Agreement (collectively, a “Regulatory Condition”), then the parties shall negotiate in good faith to modify this Agreement in a manner consistent with the form, intent, and purpose of this Agreement and as may be necessary to comply with such Regulatory Condition, while maintaining to the greatest extent possible the benefit of the bargain of this Agreement prior to the imposition of such Regulatory Condition. In the event , provided that no modification is possible party shall be required to agree to any amendment that would both satisfy the Regulatory Condition and reasonably maintain the deprive that party of a material benefit of the bargain, either party may terminate this Agreement by written notice to the otherAgreement.
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