Interruption of Normal Operations. If the Stations suffers any loss or damage of any nature at the Transmitter Sites which is not caused by the acts or omissions of Programmer and which results in the interruption of service or the inability of the Stations to operate with its maximum authorized facilities and licensed effective radiated power, Licensee will immediately notify Programmer and promptly undertake such repairs, at Licensee's expense, as are necessary to restore full-time operation of the Stations with its maximum authorized facilities and licensed effective radiated power thereon as quickly as is reasonably possible under the circumstances. Except in the case of events not under control of Licensee (such as acts of God or weather conditions) which do not materially impair the earnings potential of the Stations, if one or more of the Stations is inoperable or is operated at 90% or less of its licensed effective radiated power as a consequence of such loss or damage, then Programmer will be entitled to a Pro rata reduction in the proportionate Monthly Fee for that Station for each day in which there occurs such a service interruption in excess of four (4) consecutive hours. Licensee will promptly begin to repair and will complete the repairs necessary to restore the inoperable Station(s) to full time operations with its maximum licensed facilities within ten (10) days from the occurrence of the loss or damage; provided, however, that this period will be extended for a reasonable period of time, not to exceed an additional ten (10) days, if Licensee has taken and is continuing to take all appropriate actions to repair the loss or damage as promptly as possible in the circumstances. If such repairs are not completed within the allotted period, Programmer may give notice to Licensee of Programmer's intention to terminate this Agreement, in which event this Agreement will terminate on the date of such notice, any other provision of this Agreement notwithstanding.
Appears in 4 contracts
Samples: Local Programming and Marketing Agreement (Cumulus Media Inc), Local Programming and Marketing Agreement (Cumulus Media Inc), Time Brokerage Agreement (Cumulus Media Inc)
Interruption of Normal Operations. If the Stations Station suffers any loss or damage of any nature at the Transmitter Sites Site which is not caused by the acts or omissions of Programmer and which results in the interruption of service or the inability of the Stations Station to operate with its maximum authorized facilities and licensed effective radiated power, Licensee will immediately notify Programmer and promptly undertake such repairs, at Licensee's expense, as are necessary to restore full-time operation of the Stations Station with its maximum authorized facilities and licensed effective radiated power thereon as quickly as is reasonably possible under the circumstances. Except in the case of events not under control of Licensee (such as acts of God or weather conditions) which do not materially impair the earnings potential of the StationsStation, if one or more of the Stations Station is inoperable or is operated at 90% or less of its licensed effective radiated power as a consequence of such loss or damage, then Programmer will be entitled to a Pro rata reduction in the proportionate Monthly Fee for that Station for each day in which there occurs such a service interruption in excess of four (4) consecutive hours. Licensee will promptly begin to repair and will complete the repairs necessary to restore the inoperable Station(s) Station to full time operations with its maximum licensed facilities within ten (10) days from the occurrence of the loss or damage; provided, however, that this period will be extended for a reasonable period of time, not to exceed an additional ten (10) days, if Licensee has taken and is continuing to take all appropriate actions to repair the loss or damage as promptly as possible in the circumstances. If such repairs are not completed within the allotted period, Programmer may give notice to Licensee of Programmer's intention to terminate this Agreement, in which event this Agreement will terminate on the date of such notice, any other provision of this Agreement notwithstanding.
Appears in 2 contracts
Samples: Local Programming and Marketing Agreement (Cumulus Media Inc), Local Programming and Marketing Agreement (Cumulus Media Inc)
Interruption of Normal Operations. If the Stations suffers suffer any loss or damage of any nature at the Transmitter Sites which is not caused by the acts or omissions of Programmer and which results in the interruption of service or the inability of the Stations to operate with its maximum authorized facilities and licensed effective radiated power, Licensee will immediately notify Programmer and promptly undertake such repairs, at Licensee's expense, repairs as are necessary to restore full-time operation of the Stations with its maximum authorized facilities and licensed effective radiated power thereon as quickly as is reasonably possible under the circumstances. The first $5,000 of such expense shall be the responsibility of Programmer, and the amount in excess of $5,000 shall be the responsibility of Licensee. Except in the case of events not under control of Licensee (such as acts of God or weather conditions) which do not materially impair the earnings potential of the Stations, if one or more of the Stations is inoperable or is operated at 90% or less of its licensed effective radiated power as a consequence of such loss or damage, then Programmer will be entitled to a Pro rata reduction in the proportionate Monthly Fee for that Station for each day in which there occurs such a service interruption in excess of four (4) consecutive hours. Licensee will promptly begin to repair and will complete the repairs necessary to restore the inoperable Station(s) to full time operations with its maximum licensed facilities within ten (10) days from the occurrence of the loss or damage; provided, however, that this period will be extended for a reasonable period of time, not to exceed an additional ten (10) days, if Licensee has taken and is continuing to take all appropriate actions to repair the loss or damage as promptly as possible in the circumstances. If such repairs are not completed within the allotted period, Programmer may give notice to Licensee of Programmer's intention to terminate this Agreement, in which event this Agreement will terminate on the date of such notice, any other provision of this Agreement notwithstanding.
Appears in 2 contracts
Samples: Local Programming and Marketing Agreement (Cumulus Media Inc), Local Programming and Marketing Agreement (Cumulus Media Inc)
Interruption of Normal Operations. If Except for maintenance work --------------------------------- and other improvements to the Stations Station or the Station's equipment performed by or at the direction of Programmer, if the Station suffers any loss or damage of any nature at the Transmitter Sites which is not caused by the acts or omissions of Programmer and to its transmission facilities which results in the interruption of service or the inability of the Stations Station to operate with its maximum authorized facilities and licensed effective radiated powerfacilities, Licensee will Programmer shall immediately notify Programmer Licensee, and promptly Licensee shall undertake such repairs, at Licensee's expense, repairs as are necessary to restore full-time the fulltime operation of the Stations Station with its maximum authorized (i.e. as set forth on it license) facilities and licensed as quickly as reasonably practicable. Except as may be the direct result of any act or action of Programmer, if the Station is incapable of operating with its maximum authorized facilities, Licensee shall pay Programmer a prorated share of the Consideration proportionate to the amount of time the Station was so impaired as follows: (a) if the effective radiated power thereon as quickly as is reasonably possible under the circumstances. Except in the case of events not under control of Licensee (such as acts of God or weather conditions"ERP") which do not materially impair the earnings potential of the StationsStation is 50% or less of the maximum ERP as set forth on the Station's license, the Consideration will be abated 100% for each day, or any portion thereof, the Station so operates; and, (b) if one the ERP of the Station is 90% to 51% of the maximum ERP as set forth on the Station's license, the Consideration will be abated in proportion to the percentage loss in ERP, for each day, or any portion thereof, the Station so operates; and, (c) if the ERP of the Station is 91% or more of the Stations is inoperable or is operated at 90% or less of its licensed effective radiated power maximum ERP as a consequence of such loss or damageset forth on the Station's license, then Programmer the Consideration will not be entitled to a Pro rata reduction in abated. If the proportionate Monthly Fee for that Station for each day in which there occurs such a service interruption in excess of four (4) consecutive hours. Licensee will promptly begin to repair and will complete the required repairs necessary to restore return the inoperable Station(s) Station to full time operations operation with its full authorized maximum licensed facilities are not made within ten seven (10) days from the occurrence of the loss or damage; provided, however, that this period will be extended for a reasonable period of time, not to exceed an additional ten (107) days, if Licensee has taken and is continuing to take all appropriate actions to repair the loss or damage as promptly as possible in the circumstances. If such repairs are not completed within the allotted period, Programmer may give terminate this Agreement upon 10 days notice to Licensee of Programmer's intention to terminate this Agreement, in which event this Agreement will terminate on the date of such noticeLicensee, any other provision of this Agreement notwithstanding.; provided, however, in the event (x) the required repairs cannot reasonably be completed with seven (7) days, (y) Licensee has commenced the required repairs within seven (7) days, and (z) Licensee is diligently proceeding to effectuate said required repairs, Programmer may not terminate this Agreement pursuant to this Section 5. ---------
Appears in 1 contract
Samples: Local Programming and Marketing Agreement and Put/Call Agreement (Salem Communications Corp /De/)