Preemptions. (a) Station acknowledges that NBC will make a substantial investment in network programming during the term of this Agreement in order to provide Station with network-quality news, public affairs, entertainment, sports, children’s and other programming. In view of such investment, and after considering the amount of broadcast time available to Station outside of the Programmed Time Periods, Station further acknowledges and confirms that it does not presently foresee any need to substitute programming of any kind for NBC Programming, except under those circumstances requiring live coverage of breaking local news events.
(b) Except as set forth in the immediately following sentence, in the event Station preempts or otherwise fails to broadcast any NBC Programming (including, without limitation, NBC Sports Programming) on the dates and at the times such Programming is scheduled by NBC, then without limiting any other rights or remedies of NBC under this Agreement or otherwise, Station shall pay to NBC an amount equivalent to NBC’s loss of gross advertising revenues attributable to Station’s failure to broadcast such program in Station’s market. Station shall have no obligation to reimburse NBC for lost advertising revenues if (w) such failure to broadcast NBC Programming is a direct result of (i) Station’s live coverage of breaking local or national news events (excluding the addition of scheduled local news programs as a part of Station’s continuing program schedule) or (ii) an event of force majeure as provided in Section 11 of this agreement; (x) if Station reasonably believes that such programming is unsatisfactory, unsuitable, or otherwise contrary to the public interest; (y) in the case of a preemption of NBC Prime Time Programming, Station has not preempted more than 20 hours of NBC Prime Time Programming during such Broadcast Year; or (z) in the case of a preemption of NBC Sports Programming, Station has not preempted more than 20 hours of NBC Sports Programming during such Broadcast Year (the “Sports Basket”).
(c) Station’s determination under clause (x) of subsection (b) above shall be based upon a substantial difference between the relevant program’s style and content and the style and content of other NBC Programs previously broadcast by Station. In addition, no Station shall preempt or otherwise fail to broadcast any NBC Programming under clause (x) of subsection (b) above as a result of commercial motivation; that is, programming shall not be de...
Preemptions. Station may preempt Network Programs by reason of an Authorized Preemption. No other preemptions are authorized. A preemption of less than thirty (30) minutes will be considered as a preemption of the entire half hour. Notice of preemptions shall be made in compliance with Section D.1, below. The acceptance by Network of any offer by Station to broadcast the preempted Program at another date or time (“Makegoods”) shall be at Network’s sole discretion.
Preemptions. The parties agree that Affiliate may preempt the Service due to Affiliate’s coverage of live or taped sporting or entertainment events; provided, however, that in such event the Fee will be credited based on the number of hours the Service is preempted pursuant to the Rate Equivalent Chart at Exhibit “D” hereto. Affiliate will provide Programmer with as much advance notice as possible for any such preemptions.
Preemptions. User acknowledges that from time to time, SACS may be unable to make reserved courts available to User for a reserved time due to various reasons, including but not limited to
(i) equipment malfunction; (ii) facility maintenance, repair or closure; (iii) the need to accommodate a previously unscheduled special event; or (iv) other unforeseen circumstances. Such situations shall be deemed a “Preemption”. User shall not be responsible to pay license fees for any preempted hours. User may terminate the User Agreement if more than 10% of total reserved hours under the User Agreement become unavailable due to a Preemption, unless consented to by User.
Preemptions. DISH shall have the right to preempt the Service, in whole or in part: (i) whenever such preemption is reasonably necessary to fulfill obligations imposed by the Federal Communications Commission or other regulatory, legal or governmental authorities; (ii) if any satellite or transponder transmitting DISH Network Programming fails or malfunctions in whole or in part, or in DISH's sole discretion requires maintenance, testing, or relocation; (iii) to transmit Other DISH Content; and/or (iv) for any reason or no reason at DISH’s sole discretion (any of the foregoing, a “Preemptive Event”). DISH agrees to provide Network with as much notice of any Preemptive Event as is practicable under the circumstances. Under no circumstances shall DISH or its Affiliates be liable to Network or to any third party for any claims and/or damages whatsoever, resulting from or arising out of a Preemptive Event, except that, unless such preemption is as a result of occasional maintenance permitted hereunder or any breach by Network of any provision hereunder, Network shall not be responsible for payment for airtime during any Preemptive Event.
Preemptions. ACTV expressly acknowledges and agrees that ACTV will not be permitted to Enhance and Distribute and no Licensor shall be obligated to provide to ACTV for Enhancement or inclusion in an Enhanced Regional Package any RSN Program of which Licensor's telecast, ACTV's Enhancement or ACTV's Distribution of an Enhanced version is otherwise restricted, preempted, prohibited or otherwise not allowed in any part of the relevant Territory pursuant to the applicable rules or regulations of and/or applicable agreements with any Rights Source ("Rights Restrictions"), and the provision, Enhancement, Distribution and exhibition of the Enhanced Programming and the Enhanced Regional Packages shall be subject to and limited by all such Rights Restrictions, provided that, in the case of any Rights Restriction contained in an agreement to which a Licensor is a party, such agreement shall have been entered into by such Licensor in good faith. In the case of any such restriction, preemption or prohibition, ACTV's Enhancement Commitment shall be inapplicable to any RSN Programs which are so restricted, preempted or
Preemptions. (a) XXXX has the unqualified right to preempt NBC programming for breaking news, including live coverage of news events, it being understood that NBC will not pay the regular network compensation and, in the case of Prime Time preemptions, additional consideration payable for the preempted program, but that such preemptions shall not be treated as preemptions for purposes of Paragraph 4(d) below.
(b) XXXX will have complete discretion on preemptions in Prime Time up to a total of 20 hours per year in addition to preemptions covered in Paragraphs 4(a) above and 4(c) below.
(c) XXXX has the right to preempt NBC programming for coverage of Oakland Athletics baseball games; provided, however, that (i) XXXX agrees to televise no more than fifty (50) regular season games and two (2) pre-season games in any single season, (ii) XXXX'x annual preemptions of NBC Prime Time programming for coverage of A's baseball games will not exceed the sum of ten (10) hours plus that number of additional hours that XXXX elects to use for such purposes under Paragraph 4(b) above, and (iii) XXXX and NBC will regularly discuss the coordination of the scheduling of A's baseball games and NBC programming in order to set program priorities and reduce the impact of preemptions of NBC programming by XXXX, and XXXX will advise NBC of the broadcast schedule of A's baseball games for each season during the term hereof promptly after the determination of each such schedule.
(d) In addition to any compensation and additional consideration not payable by NBC hereunder, in the event of any preemption in excess of any of the amounts provided in Paragraphs 4(a), (b) and (c) above, NBC will be entitled to and may withhold a sum equivalent to NBC'S loss in net advertising revenues attributable to XXXX'x failure to broadcast the program as scheduled by NBC (the "Additional Sum"); provided, however, that (i) for the first three hours of each of Prime Time preemptions and non-Prime Time preemptions in excess of such amounts, the Additional Sum will not exceed the regular network compensation and, in the case of Prime Time preemption, the additional consideration otherwise payable for the preempted program, and (ii) for all further hours of each of Prime Time preemptions and non-Prime Time preemptions in excess of such amounts, the Additional Sum will not exceed twice such regular network compensation and, in the case of Prime Time preemptions, the additional consideration. This Paragraph 4
Preemptions. (a) WPTZ has the unqualified right to preempt NBC programming for live coverage of news events.
(b) WPTZ will have complete discretion on preemptions in Prime Time up to a total of 30 hours per year in addition to live coverage of news events.
(c) WPTZ agrees to clear all NBC Weekend Sports programs; provided, --------- however, that WPTZ will have complete discretion on preemptions of NBC ------- Weekend Sports up to a total of 15 hours per year.
(d) WPTZ agrees that no more than 20% of the foregoing permitted preemptions per year shall occur in any one (1) month period.
(e) NBC may withhold compensation for any program not broadcast live. In addition to any compensation permitted to be withhold by NBC, in the event of any preemption in excess of the amounts provided in Paragraphs 4(b), (c) and (d) above, WPTZ will pay NBC a sum equivalent to NBC's loss in net advertising revenues attributable to WPTZ's failure to broadcast the program as scheduled by NBC. (The formula for calculating such sum will be specified in the long-form affiliation agreements.)
Preemptions. The Station shall have the right to cancel any broadcast and/or website advertising schedule or portion thereof covered by this Agreement in order to broadcast any announcements, and/or in order to promote on the Station website advertisements, announcements, programs or events which, in its sole discretion, the Station deems to be of public interest or significance or for any other reason the Station deems necessary, and Station shall not be in breach hereof. The Station will notify Advertiser or Agency of such cancellation as promptly as reasonably possible. The Station will determine in its sole discretion whether to provide Advertiser or Agency with another broadcast announcement and/or website advertisement at a reasonably satisfactory substitute date and time (“Makegood”). In the event that Station does not provide such Makegood, Advertiser or Agency shall not be invoiced for charges allocable to missed broadcast announcement and/or website advertisement and any such preempted broadcast announcements and/or website advertisements shall not affect the rates, discounts or rights provided under this Agreement.
Preemptions. UPN represents and warrants that there shall be no national preemption of the Programs except in the event of an incident of national or local importance, or for pre-existing contractual obligations (e.g., sports play-off events). UPN represents and warrants that all of its primary affiliates shall be obligated to carry all episodes of the Programs from 8-10 PM on Thursdays (7-9 PM in Mountain and Central time zones) during the Term, except in the event of a preexisting commitment of such affiliate (e.g. to broadcast a local sporting event), or due to an event of national or local importance. In the event a local affiliate in any of the top fifteen (15) markets or any combination of local affiliates representing five percent (5%) or more of the UPN network's reach preempt or fail to carry any episode of the Programs, without a make good airing during the Make Good Hours (as defined below), UPN shall reduce the guarantee owed to it by WWFE commensurate with the percentage of affiliate preemption or failure to carry. For example, if an affiliate representing of UPN's network reach preempts or fails to carry an episode of the Programs, without a make good airing during the Make Good Hours, the guarantee for that episode will be reduced by or . In order to maintain the integrity of the Programs and the continuity of the story-lines,
