Common use of Programmer's Remedies for Operational Deficiencies Clause in Contracts

Programmer's Remedies for Operational Deficiencies. Programmer shall have the following remedies for deficiencies in or events related to Licensee's transmitting facility: (a) If Programmer receives during the first sixty (60) days of this Agreement a report of a consulting engineer, chosen by Programmer, which concludes that the Station are not operating in all material respects within the parameters authorized by the FCC or that the Station's actual coverage of the market is materially less than such authorization allows, Licensee shall be obligated, at its expense, to take such steps as are reasonably necessary to restore the effective coverage or operating parameters of the relevant Station or demonstrate, by the use of the report of another consulting engineer, hired at its expense, that the coverage or operating parameters are not materially deficient. If the Stations effective coverage or operating parameters continue to be materially deficient within thirty (30) days of notice of the coverage or operating deficiencies, then Programmer shall be entitled to a refund, equal to the Hourly Credit amount set forth in Section 1.9 for each hour of deficiency until such deficiencies are corrected and such refunds shall be made within ten (10) days of the end of the month. (b) If for a period of five (5) consecutive days or more Licensee reduces its transmitter output power on the Station by fifty percent (50%) or more, Programmer may elect to require Licensee to pay a refund equal to one half of the Hourly Credit amount set forth in Section 1.9 for so long each hour that such power reduction continues to occur if Programmer has, in fact, been required to make rebates and/or other financial accommodations to its advertisers as a result of such power reduction. Such refund shall be reflected in a refund payment by Licensee to Programmer within ten (10) days of the end of the month in which such power reduction occurs. (c) If, due to damage to or failure of transmission equipment, the Station is off the air for five (5) consecutive days or for a total of one hundred twenty (120) hours during any thirty (30) day period, Programmer shall be entitled to a full refund, on a daily basis, equal to, the Hourly Credit amount set forth in Section 1.9 for each hour the Stations are off the air, and such refund shall be paid within ten (10) days of the end of the month in which the Stations are off the air.

Programmer's Remedies for Operational Deficiencies. Programmer shall have the following remedies for deficiencies in or events related to Licensee's transmitting facility: (a) If Programmer receives at any time during the first sixty (60) days of this Agreement a term hereof an unsatisfactory report of a consulting engineer, mutually acceptable to and chosen by Licensee and Programmer, which concludes that the Station are not operating in all material respects within the parameters authorized by the FCC or that the Station's actual coverage of the market is has been materially less than such authorization allowsreduced, Licensee shall be obligated, at its expense, obligated to take such steps as are reasonably necessary to restore the effective coverage or operating parameters of the relevant Station or demonstrate, by the use of the report of another consulting engineer, engineer hired at its expense, that the such coverage or operating parameters are deficiency is not materially deficientmaterial. If the Stations Station's effective coverage or operating parameters continue is not restored to be materially deficient the coverage at the time of this Agreement within thirty (30) days of notice of the coverage or operating deficiencies, then Programmer may withhold payments to Licensee until such restoration has been completed. Subject to Section 6.2(b) - (d), upon restoration all withheld payments shall be entitled to a refund, equal to the Hourly Credit amount set forth in Section 1.9 for each hour of deficiency until such deficiencies are corrected due and such refunds shall be made within ten (10) days of the end of the monthowing. (b) If for a period of five (5) consecutive days or more Licensee reduces its transmitter output power on the Station by fifty percent (50%) or more, Programmer may elect to require Licensee to pay reduce the payments otherwise due for such period by a refund daily proportional amount equal to one half of the Hourly Credit amount set forth in Section 1.9 for so long each hour that as such power reduction continues to occur if Programmer has, in fact, been required to make rebates and/or other financial accommodations to its advertisers as a result of such power reduction. Such refund shall be reflected in a refund payment by Licensee to Programmer within ten (10) days of the end of the month in which such power reduction occurs.occur; (c) If Licensee should use an auxiliary or alternate transmitter for a period of five (5) days or more, then Programmer may reduce the payments otherwise due for such period by a daily proportional amount equal to twenty-five percent (25%) for so long as such auxiliary or alternate transmitter site is in use. Should such transmitter site move continue for more than thirty (30) days, Programmer may reduce the payments otherwise due for such period by a daily proportional amount equal to fifty percent (50%) for so long as such alternate transmitter site is in use; (d) If, due to poor maintenance, damage to or failure of transmission equipment, the Station is off the air for any consecutive five (5) consecutive days day period or for a total of one hundred twenty (120) hours during any consecutive thirty (30) day period, Programmer may terminate this Agreement and all of its obligations hereunder; provided, however, that in the event Programmer elects to terminate this agreement, Programmer shall be entitled to a full refundnotify Licensee, on a daily basis, equal to, the Hourly Credit amount set forth in Section 1.9 for each hour the Stations are off the air, and such refund shall be paid within ten thirty (1030) days of the end occurrence of the month in event which triggers this termination right, of Programmers intent to terminate the Stations are off Agreement. Programmer shall exercise such termination right within one hundred and twenty (120) days of the airdate on which such notification is given to Licensee.

Programmer's Remedies for Operational Deficiencies. Programmer shall have the following remedies for deficiencies in or events related to Licensee's transmitting facility: (a) If Programmer receives during the first sixty (60) days of this Agreement a report of a consulting engineer, chosen by Programmer, which concludes that the Station Stations are not operating in all material respects within the parameters authorized by the FCC or that the Station's Stations' actual coverage of the market is materially less than such authorization allows, Licensee shall be obligated, at its expense, to take such steps as are reasonably necessary to restore the effective coverage or operating parameters of the relevant Station or demonstrate, by the use of the report of another consulting engineer, hired at its expense, that the coverage or operating parameters are not materially deficient. If the Stations Stations' effective coverage or operating parameters continue to be materially deficient within thirty (30) days of notice of the coverage or operating deficiencies, then Programmer shall be entitled to a refund, of equal to the Hourly Credit amount set forth in Section 1.9 for each hour of deficiency until such deficiencies are corrected and such refunds shall be made within ten (10) days of the end of the month. (b) If for a period of five (5) consecutive days or more Licensee reduces its transmitter output power on the Station Stations by fifty percent (50%) or more, Programmer may elect to require Licensee to pay a refund equal to one half of the Hourly Credit amount set forth in Section 1.9 for so long each hour that such power reduction continues to occur if Programmer has, in fact, been required to make rebates and/or other financial accommodations to its advertisers as a result of such power reduction. Such refund shall be reflected in a refund payment by Licensee to Programmers a result of such power reduction. Such refund shall be reflected in a refund payment by Licensee to Programmer within ten (10) days of the end of the month in which such power reduction occurs. (c) If, due to damage to or failure of transmission equipment, the Station is Stations are off the air for five (5) consecutive days or for a total of one hundred twenty (120) hours during any thirty (30) day period, Programmer shall be entitled to a full refund, on a daily basis, equal to, the Hourly Credit amount set forth in Section 1.9 for each hour the Stations are off the air, and such refund shall be paid within ten (10) days of the end of the month in which the Stations are off the air.

Programmer's Remedies for Operational Deficiencies. Programmer shall have the following remedies for deficiencies in or events related to Licensee's transmitting facility: (a) If Programmer receives during the first sixty thirty (6030) days of this Agreement a report of a consulting engineer, chosen by Programmer, which concludes that the Station are Stations is not operating in all material respects substantially within the parameters authorized by the FCC or that the Station's Stations' actual coverage of the market is materially less than such authorization allowsit should be, Licensee shall be obligated, may either (i) terminate the Agreement or (ii) at its expense, to take such steps as are reasonably necessary to restore the effective coverage or operating parameters of the relevant Station Stations or demonstrate, by the use of the report of another consulting engineer, hired at its expense, that the coverage or operating parameters are not materially deficient. If the Stations Stations' effective coverage or operating parameters continue to be materially deficient are not restored within thirty (30) days of notice of the coverage or operating deficiencies, then Programmer shall be entitled to a full refund, equal to on a daily basis, of the Hourly Credit amount set forth in Section 1.9 for each hour of deficiency until such deficiencies are corrected or the date of the termination of this Agreement by the Licensee, whichever is earlier, and such refunds shall be made within ten (10) days of the end of the month. (b) If for a period of five (5) consecutive days or more Licensee reduces its transmitter output power on the Station Stations by fifty percent (50%) or more, Programmer may elect to require Licensee to pay a refund equal to one half of the Hourly Credit amount set forth in Section 1.9 for so long each hour that as such power reduction continues to occur if Programmer has, in fact, been required to make ake rebates and/or other financial accommodations to its advertisers as a result of and such power reduction. Such refund shall be reflected in a refund payment by Licensee to Programmer within ten (10) days of the end of the month in which such power reduction occursmonth. (c) If Licensee uses an auxiliary or alternate transmitter for the Stations for a period of five (5) consecutive days or more, then the refund for such period shall be twenty-five percent (25%) of the Hourly Credit amount set forth in Section 1.9 for so long as such auxiliary or alternate transmitter site is in use if Programmer has, in fact, been required to make rebates and/or other financial accommodations to its advertisers. Should such transmitter site move continue for more than thirty (30) days, the refund for such period shall be equal to fifty percent (50%) of the Hourly Credit amount set forth in Section 1.9 for so long as such alternate transmitter site is in use. The refund shall be reflected in a refund payment by Licensee to Programmer within ten (10) days of the end of the month. (d) If, due to damage to or failure of transmission equipment, the Station Stations is off the air for five (5) consecutive days or for a total of one hundred twenty (120) hours during any thirty (30) day period, Programmer shall be entitled to a full refund, on a daily basis, equal to, of the Hourly Credit amount set forth in Section 1.9 for each hour the Stations are off the air, and such refund shall be paid made within ten (10) days of the end of the month in which the Stations are off the airmonth.