Common use of PROGRAM AND COMMERCIAL MATERIAL Clause in Contracts

PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract or other written agreement between STATION and AGENCY, all program material, commercial announcements, advertisements or other commercial copy produced, provided or approved by AGENCY for broadcast by STATION or its affiliates (“AGENCY Material”) shall be furnished by AGENCY. If prior to the first scheduled broadcast AGENCY so requests, STATION shall return AGENCY Material to AGENCY at the end of the scheduled run. If AGENCY does not so request, STATION shall have the right, but not the obligation, to dispose of such material. All expenses connected with the delivery of material to be provided by AGENCY to STATION, and with return to AGENCY from STATION, if return is directed, shall be paid by AGENCY. (b) All AGENCY Material furnished by AGENCY shall be delivered to STATION at AGENCY’s sole cost and expense. AGENCY shall deliver all materials, including scheduling instructions, no later than 48 hours (exclusive of Saturdays, Sundays and holidays) in advance of broadcast. STATION is required to advise AGENCY by telephone, email or telecopy if such materials do not so arrive. If such materials do not arrive at STATION within 24 hours after STATION has notified AGENCY, STATION may bill AGENCY and AGENCY shall be liable for the time reserved. (c) AGENCY Material provided by AGENCY must comply with all rules and regulatios of the Federal Communications Commission and with applicable federal, state and local laws. (d) AGENCY Material provided by AGENCY is subject to STATION approval and STATION, in its sole discretion, may exercise a continuing right to reject such material, including without limitation, a right to reject for unsatisfactory technical quality. In the event any portion of the AGENCY Material is unsatisfactory, STATION shall notify AGENCY by telephone, email or telecopy and unless AGENCY furnishes satisfactory material 24 hours in advance of broadcast, STATION shall have the right to substitute its own program or commercial material with no liability of STATION to AGENCY. AGENCY shall also pay, as liquidated damages, the amount that AGENCY would have been obligated to pay hereunder.

PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract or other written agreement between STATION and AGENCY, all program material, commercial announcements, advertisements or other commercial copy produced, provided or approved by AGENCY for broadcast by STATION or its affiliates (“AGENCY Material”) announcement material shall be furnished by AGENCY. If prior to the first scheduled broadcast AGENCY so requests, STATION shall return AGENCY Material material to AGENCY at the end of the scheduled run. If AGENCY does not so request, STATION shall have the right, but not the obligation, to dispose of such material. All expenses connected with the delivery of material to be provided by AGENCY to STATION, and with return to AGENCY from STATION, if return is directed, shall be paid by AGENCY. (b) All AGENCY Material program and commercial announcements, advertisements, commercial copy or other materials furnished by AGENCY shall be delivered to STATION at AGENCY’s sole cost and expense. AGENCY shall deliver all materials, including scheduling instructions, no later than 48 hours (exclusive of Saturdays, Sundays and holidays) in advance of broadcast. STATION is required to advise AGENCY by telephone, email or telecopy if such materials do not so arrive. If such materials do not arrive at STATION within 24 hours after STATION has notified AGENCY, STATION may bill AGENCY and AGENCY shall be liable for the time reserved. (c) AGENCY Commerical Material provided by AGENCY must comply with all rules and regulatios of the Federal Communications Commission and with applicable federal, state and local laws. (d) AGENCY Material Commercial material provided by AGENCY is subject to STATION approval and STATION, in its sole discretion, may exercise a continuing right to reject such material, including without limitation, a right to reject for unsatisfactory technical quality. In the event any portion of the AGENCY Material material is unsatisfactory, STATION shall notify AGENCY by telephone, email or telecopy and unless AGENCY furnishes satisfactory material 24 hours in advance of broadcast, STATION shall have the right to substitute its own program or commercial material with no liability of STATION to AGENCY. AGENCY shall also pay, as liquidated damages, the amount that AGENCY would have been obligated to pay hereunder.

PROGRAM AND COMMERCIAL MATERIAL. (a) a. Unless otherwise noted on the face of in this contract or other written agreement between STATION and AGENCYAgreement, all program material, commercial announcements, advertisements or other commercial copy produced, provided or approved by AGENCY for broadcast by STATION or its affiliates (“AGENCY Material”) Material shall be furnished by AGENCY. If prior to the first scheduled broadcast AGENCY so requests, STATION shall return AGENCY Material to AGENCY at the end of the scheduled run. If AGENCY does not so request, STATION shall have the right, but not the obligation, to dispose of such materialAdvertiser or its Agency. All expenses connected with the delivery of material Material to be provided by AGENCY to STATIONWTVQ, and with return to AGENCY from STATIONtherefrom, if return is directed, shall be paid by AGENCYAdvertiser or Agency. b. If any Material and scheduling instructions do not arrive seventy-two (b72) All AGENCY Material furnished by AGENCY shall be delivered to STATION at AGENCY’s sole cost and expense. AGENCY shall deliver all materials, including scheduling instructions, no later than 48 hours (exclusive of Saturdays, Sundays and holidays) in advance of broadcast. STATION is required to advise AGENCY by telephonetelecast date, email WTVQ shall notify Advertiser or telecopy if such materials do not so arriveAgency as soon as possible. If such materials the Material and instructions do not arrive at STATION WTVQ within 24 forty-eight (48) hours after STATION has notified AGENCYWTVQ’s notification, STATION may bill AGENCY Agency and AGENCY Advertiser shall be liable nevertheless pay WTVQ the agreed amount for the time reserved. WTVQ will exert all reasonable effort to telecast Material despite late receipt. (c) AGENCY c. If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond Advertiser’s or Agency’s control, the Material cannot be provided by AGENCY must comply with all rules prior to the scheduled telecast hereunder, Advertiser or Agency shall not be liable to WTVQ. In such event, WTVQ shall suggest a substitute day and regulatios time period for telecast of the Federal Communications Commission Material. If no such substitute day and with applicable federaltime period is mutually agreed upon, state and local lawsWTVQ shall credit Advertiser or Agency for the time and/or program charges hereunder in the amount of money assigned to the time period and/or the program at the time of purchase. Advertiser or Agency shall have the benefit of the same discounts which would have been earned if the Material had been telecast. (d) AGENCY d. All Material provided by AGENCY is subject to STATION approval WTVQ’s approval, and STATION, in its sole discretion, WTVQ may exercise a continuing right to reject such materialany Material, including without limitation, a right to reject for whether because of unsatisfactory technical qualityquality or for any other reason or for no reason. In the event any portion of the AGENCY Material a Program is unsatisfactory, STATION WTVQ shall notify AGENCY by telephoneAdvertiser or Agency, email or telecopy and unless AGENCY furnishes satisfactory material 24 Material is delivered to each station from which the Material is to be telecast at least seventy-two (72) hours in advance of broadcasttelecast, STATION WTVQ shall have the right to substitute its own program program. In the event a Commercial Announcement is unsatisfactory, WTVQ shall notify Advertiser or commercial material with no liability of STATION Agency, and unless satisfactory Material is delivered to AGENCYeach station from which the Material is to be telecast at least forty-eight (48) hours prior to telecast time, each station may substitute Public Service Announcements. AGENCY shall also payIn either event, as liquidated damages, the amount that AGENCY would have been obligated to pay hereunderAdvertiser and Agency are still responsible for contracted airtime charges.

PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract or other written agreement between STATION and AGENCYcontract, all program material, commercial announcements, advertisements or other commercial copy produced, provided or approved by AGENCY for broadcast by STATION or its affiliates (“AGENCY Material”) advertising shall be furnished by AGENCY. If prior to the first scheduled broadcast STATION, excluding content and material, which shall be furnished by AGENCY so requests, STATION shall return AGENCY Material to AGENCY at the end of the scheduled run. If AGENCY does not so request, STATION shall have the right, but not the obligation, to dispose of such materialor ADVERTISER. All expenses connected with the delivery of material to be provided by AGENCY advertising to STATION, and with return to AGENCY from STATIONtherefrom, if return is directed, shall be paid by AGENCYAGENCY or ADVERTISER. In the event STATION furnishes or produces the advertising, STATION shall own all rights to such advertising and the copy and content contained therein, including without limitation all copyrights, the creative concept contained therein, and any display, audio and/or video content. (b) All STATION will attempt to advise AGENCY Material or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished by AGENCY shall be delivered to STATION at AGENCY’s sole cost and expense. AGENCY shall deliver all materials, including advertising material and/or scheduling instructions, no later than 48 instructions do not arrive 72 hours (exclusive of Saturdays, Sundays and holidays) in advance of broadcast. STATION is required to advise AGENCY by telephone, email or telecopy if such materials do not so arriveadvertising date. If such materials material and instructions do not arrive at the STATION within 24 twenty-four (24) hours after STATION has notified AGENCYthe AGENCY or ADVERTISER, STATION may bill AGENCY and AGENCY shall be liable or ADVERTISER (as the case may be) for the time time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (c) With respect to banner advertising, AGENCY Material provided by AGENCY must comply with all rules and regulatios or ADVERTISER shall not furnish to STATION any advertising material in violation of the Federal Communications Commission Starcom Blocked Ads List, as modified by Station from time to time. A copy of the most recent Starcom Blocked Ads List is available upon request. If any AGENCY or ADVERTISER banner ad violates Starcom Blocked Ads List and with applicable federalno substitute ad is provided, state and local lawsSTATION may bill AGENCY or ADVERTISER (as the case may be) for the ad space reserved. (d) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY Material or ADVERTISER cannot provide advertising material prior to scheduled broadcast/publication hereunder, AGENCY or ADVERTISER shall not be liable to STATION. In such event, STATION shall suggest a substitute day and time period for broadcast/publication of said advertising and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY or ADVERTISER for the charges hereunder in the amount of money assigned to the subject advertising. (e) Advertising material provided by AGENCY and ADVERTISER is subject to STATION approval and STATION, in its sole discretion, STATION may exercise a continuing right to reject such material, including without limitation, a right to reject for unsatisfactory technical qualityquality or content. In the event any portion of the AGENCY Material advertising material is unsatisfactory, STATION shall notify AGENCY by telephone, email or telecopy and unless AGENCY furnishes satisfactory material 24 hours in advance of broadcast, STATION shall have the right to substitute its own program material at no penalty to AGENCY or ADVERTISER. In the event the commercial material with no liability is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or email and unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours prior to broadcast/publication time. STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (f) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any audio and /or video recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to AGENCY. AGENCY shall also pay, as liquidated damages, advertising on the amount that AGENCY would have been obligated to pay hereunderSTATION.

PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract or other written agreement between STATION and AGENCYcontract, all program material, material and all commercial announcements, advertisements or other commercial copy produced, provided or approved by AGENCY for broadcast by STATION or its affiliates (“AGENCY Material”) announcements shall be furnished by AGENCY. If prior to the first scheduled broadcast STATION, excluding advertising announcement material, which shall be furnished by AGENCY so requests, STATION shall return AGENCY Material to AGENCY at the end of the scheduled run. If AGENCY does not so request, STATION shall have the right, but not the obligation, to dispose of such materialor ADVERTISER. All expenses connected with the delivery of material to be provided by AGENCY commercial announcements to STATION, and with return to AGENCY from STATIONthere from, if return is directed, shall be paid by AGENCYAGENCY or ADVERTISER. In the event STATION furnishes or produces the commercial announcement, STATION shall own all rights to such announcement and the copy contained therein, including without limitation all copyrights, the creative concept contained therein, and the actual recording. (b) All STATION will attempt to advise AGENCY Material or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished by AGENCY shall be delivered to STATION at AGENCY’s sole cost program or commercial material and expense. AGENCY shall deliver all materials, including scheduling instructions, no later than 48 instructions do not arrive 72 hours (exclusive of Saturdays, Sundays and holidays) in advance of broadcast. STATION is required to advise AGENCY by telephone, email or telecopy if such materials do not so arriveadvertising date. If such materials material and instructions do not arrive at the STATION within 24 twenty-four (24) hours after STATION has notified AGENCYthe AGENCY or ADVERTISER, STATION may bill AGENCY and AGENCY shall be liable or ADVERTISER (as the case may be) for the time reserved. STATION will exert all reasonable effort to broadcast material received from AGENCY or ADVERTISER despite late receipt. (c) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY Material provided by or ADVERTISER cannot provide commercial and/or program material prior to scheduled broadcast hereunder, AGENCY must comply with all rules or ADVERTISER shall not be liable to STATION. In such event, STATION shall suggest a substitute day and regulatios time period for broadcast of said advertising and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY or ADVERTISER for the time and/or program charges hereunder in the amount of money assigned to the time period and/or program at time of purchase. AGENCY or ADVERTISER shall have the benefit of the Federal Communications Commission and with applicable federal, state and local lawssame discounts which would have been earned if the advertising announcement and/or program had been broadcast. (d) AGENCY Material Advertising material provided by AGENCY and ADVERTISER is subject to STATION approval and STATION, in its sole discretion, STATION may exercise a continuing right to reject such material, including without limitation, a right to reject for unsatisfactory technical qualityquality or content. In the event any portion of the AGENCY Material program material is unsatisfactory, STATION shall notify AGENCY by telephone, email or telecopy and unless AGENCY furnishes satisfactory material 24 hours in advance of broadcast, STATION shall have the right to substitute its own program at no penalty to AGENCY or ADVERTISER. In the event the commercial material with no liability is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or email and unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours prior to broadcast time this contract may be terminated by either party without penalty to the other. (e) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to AGENCY. AGENCY shall also pay, as liquidated damages, advertising on the amount that AGENCY would have been obligated to pay hereunderSTATION.

PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract or other written agreement between STATION and AGENCYcontract, all program material, commercial announcements, advertisements or other commercial copy produced, provided or approved by AGENCY for broadcast by STATION or its affiliates (“AGENCY Material”) advertising shall be furnished by AGENCY. If prior to the first scheduled broadcast STATION, excluding content and material, which shall be furnished by AGENCY so requests, STATION shall return AGENCY Material to AGENCY at the end of the scheduled run. If AGENCY does not so request, STATION shall have the right, but not the obligation, to dispose of such materialor ADVERTISER. All expenses connected with the delivery of material to be provided by AGENCY advertising to STATION, and with return to AGENCY from STATIONtherefrom, if return is directed, shall be paid by AGENCYAGENCY or ADVERTISER. In the event STATION furnishes or produces the advertising, STATION shall own all rights to such advertising and the copy and content contained therein, including without limitation all copyrights, the creative concept contained therein, and any display, audio and/or video content. (b) All STATION will attempt to advise AGENCY Material or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished by AGENCY shall be delivered to STATION at AGENCY’s sole cost and expense. AGENCY shall deliver all materials, including advertising material and/or scheduling instructions, no later than 48 instructions do not arrive 72 hours (exclusive of Saturdays, Sundays and holidays) in advance of broadcast. STATION is required to advise AGENCY by telephone, email or telecopy if such materials do not so arriveadvertising date. If such materials material and instructions do not arrive at the STATION within 24 twenty-four (24) hours after STATION has notified AGENCYthe AGENCY or ADVERTISER, STATION may bill AGENCY and AGENCY shall be liable or ADVERTISER (as the case may be) for the time time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (c) With respect to banner advertising, AGENCY Material provided by AGENCY must comply with all rules and regulatios or ADVERTISER shall not furnish to STATION any advertising material in violation of the Federal Communications Commission Entercom Blocked Ads List, as modified by Station from time to time. A copy of the most recent Entercom Blocked Ads List is available upon request. If any AGENCY or ADVERTISER banner ad violates Entercom Blocked Ads List and with applicable federalno substitute ad is provided, state and local lawsSTATION may bill AGENCY or ADVERTISER (as the case may be) for the ad space reserved. (d) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY Material or ADVERTISER cannot provide advertising material prior to scheduled broadcast/publication hereunder, AGENCY or ADVERTISER shall not be liable to STATION. In such event, STATION shall suggest a substitute day and time period for broadcast/publication of said advertising and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY or ADVERTISER for the charges hereunder in the amount of money assigned to the subject advertising. (e) Advertising material provided by AGENCY and ADVERTISER is subject to STATION approval and STATION, in its sole discretion, STATION may exercise a continuing right to reject such material, including without limitation, a right to reject for unsatisfactory technical qualityquality or content. In the event any portion of the AGENCY Material advertising material is unsatisfactory, STATION shall notify AGENCY by telephone, email or telecopy and unless AGENCY furnishes satisfactory material 24 hours in advance of broadcast, STATION shall have the right to substitute its own program material at no penalty to AGENCY or ADVERTISER. In the event the commercial material with no liability is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or email and unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours prior to broadcast/publication time. STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (f) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any audio and /or video recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to AGENCY. AGENCY shall also pay, as liquidated damages, advertising on the amount that AGENCY would have been obligated to pay hereunderSTATION.

PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract or other written agreement between STATION and AGENCYcontract, all program material, commercial announcements, advertisements or other commercial copy produced, provided or approved by AGENCY for broadcast by STATION or its affiliates (“AGENCY Material”) advertising shall be furnished by AGENCY. If prior to the first scheduled broadcast STATION, excluding content and material, which shall be furnished by AGENCY so requests, STATION shall return AGENCY Material to AGENCY at the end of the scheduled run. If AGENCY does not so request, STATION shall have the right, but not the obligation, to dispose of such materialor ADVERTISER. All expenses connected with the delivery of material to be provided by AGENCY advertising to STATION, and with return to AGENCY from STATIONtherefrom, if return is directed, shall be paid by AGENCYAGENCY or ADVERTISER. In the event STATION furnishes or produces the advertising, STATION shall own all rights to such advertising and the copy and content contained therein, including without limitation all copyrights, the creative concept contained therein, and any display, audio and/or video content. (b) All STATION will attempt to advise AGENCY Material or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished by AGENCY shall be delivered to STATION at AGENCY’s sole cost and expense. AGENCY shall deliver all materials, including advertising material and/or scheduling instructions, no later than 48 instructions do not arrive 72 hours (exclusive of Saturdays, Sundays and holidays) in advance of broadcast. STATION is required to advise AGENCY by telephone, email or telecopy if such materials do not so arriveadvertising date. If such materials material and instructions do not arrive at the STATION within 24 twenty-four (24) hours after STATION has notified AGENCYthe AGENCY or ADVERTISER, STATION may bill AGENCY and AGENCY shall be liable or ADVERTISER (as the case may be) for the time time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (c) With respect to banner advertising, AGENCY Material provided by AGENCY must comply with all rules and regulatios or ADVERTISER shall not furnish to STATION any advertising material in violation of the Federal Communications Commission Audacy Blocked Ads List, as modified by Station from time to time. A copy of the most recent Audacy Blocked Ads List is available upon request. If any AGENCY or ADVERTISER banner ad violates Audacy Blocked Ads List and with applicable federalno substitute ad is provided, state and local lawsSTATION may bill AGENCY or ADVERTISER (as the case may be) for the ad space reserved. (d) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY Material or ADVERTISER cannot provide advertising material prior to scheduled broadcast/publication hereunder, AGENCY or ADVERTISER shall not be liable to STATION. In such event, STATION shall suggest a substitute day and time period for broadcast/publication of said advertising and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY or ADVERTISER for the charges hereunder in the amount of money assigned to the subject advertising. (e) Advertising material provided by AGENCY and ADVERTISER is subject to STATION approval and STATION, in its sole discretion, STATION may exercise a continuing right to reject such material, including without limitation, a right to reject for unsatisfactory technical qualityquality or content. In the event any portion of the AGENCY Material advertising material is unsatisfactory, STATION shall notify AGENCY by telephone, email or telecopy and unless AGENCY furnishes satisfactory material 24 hours in advance of broadcast, STATION shall have the right to substitute its own program material at no penalty to AGENCY or ADVERTISER. In the event the commercial material with no liability is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or email and unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours prior to broadcast/publication time. STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (f) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any audio and /or video recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to AGENCY. AGENCY shall also pay, as liquidated damages, advertising on the amount that AGENCY would have been obligated to pay hereunderSTATION.