Reclamation of Open Channels Sample Clauses

Reclamation of Open Channels. If an Open Channel becomes available, whether as a result of discontinuance of any Program Service, termination of a Carriage Agreement relating to a Program Service, technical innovations which result in the availability of new Channels, or otherwise, the Company's Chief Executive Officer shall notify the Programming Parties in writing of such availability. Upon receipt of such notice, each Programming Party that has not used all of its Reserved Channels shall have the right to reclaim the unused Open Channel as a Reserved Channel in order or accommodate a Program Service not then carried by the Company's DTH System. In order to so reclaim an Open Channel, a Programming Party must deliver a written notice (a "Reclamation Notice") to the Company identifying the Open Channel it wishes to reclaim and setting forth a reasonably detailed description of the new Program Service which it or an Affiliated Program Provider wishes to offer on the Open Channel. Upon receipt of a Reclamation Notice, the Company's Chief Executive Officer shall forward copies of it to each other Programming Party who shall have 45 days from delivery to notify the Company and the other Programming Parties in writing whether such Programming Party also wishes to reclaim the Open Channel and, if so, setting forth a reasonably detailed description of the Program Service it wishes to offer on the Open Channel. If no other Programming Parties respond within such 45-day period, the Programming Party that delivered the Reclamation Notice may reclaim the Open Channel as an Active Channel at the end of such 45-day period. If any other Programming Party that has not used all of its Reserved Channels notifies the Company in writing within the 45-day period that it also wishes to reclaim the Open Channel, the Programming Committee will award the Open Channel (i) to the Programming Party with the lowest ratio of Active Channels to Reserved Channels or (ii) if the foregoing ratios are the same, the Programming Committee shall make a determination, which shall be final and binding on the Programming Parties, based on the Programming Committee's good faith judgment as to which Program Service would provide the Company with the best overall package for subscribers.
Sample 1
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Related to Reclamation of Open Channels

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