Reservation of Rights to Bandwidth. Network represents and warrants that other than the principal video and accompanying audio portions of the Signal (the "Primary Signal"), including without limitation any portions of the bandwidth that may be created or made useable as a result of the digitization or compression of the Signal, not all of the signal distribution capacity contained within the bandwidth of the Signal is essential to or a part of the Service or necessary to the delivery or distribution of the Service. EchoStar reserves all rights in and to, and reserves all rights to use, such nonessential bandwidth of the Signal including without limitation, audio sub-carriers and all lines of the vertical blanking interval ("VBI") (and/or its digital equivalent) from the Facility through to Service Subscribers. Nothing contained in this Agreement shall restrict EchoStar from using any and all of the bandwidth of the Signal from the Facility through to Service Subscribers by any means or for any purpose so long as the use does not materially degrade or interfere with the quality of the Primary Signal. Notwithstanding the foregoing, EchoStar shall transmit to Service Subscribers all data or information that the FCC or any applicable Law requires EchoStar to transmit ("Required Materials") in a format reasonably specified by EchoStar. Notwithstanding anything to the contrary contained in this Agreement, EchoStar shall have the right, but not the obligation to distribute any material, information, data, images, sounds or features contained or embedded in or around any portion of the feed provided to EchoStar for the Signal that is not part of the Primary Signal or part of the Required Materials.
Appears in 2 contracts
Samples: Affiliation Agreement (Current Media, Inc.), Affiliation Agreement (Current Media, Inc.)
Reservation of Rights to Bandwidth. Network represents and warrants that other than the principal video and accompanying audio portions of the Signal (the "“Primary Signal"”), including without limitation any portions of the bandwidth that may be created or made useable as a result of the digitization or compression of the Signal, not all of the signal distribution capacity contained within the bandwidth of the Signal is essential to or a part of the Service or necessary to the delivery or distribution of the Service. EchoStar DISH reserves all rights in and to, and reserves all rights to use, such nonessential bandwidth of the Signal including without limitation, audio sub-carriers and all lines of the vertical blanking interval ("“VBI"”) (and/or its digital equivalent) from the Facility through to Service Subscribers. Nothing contained in this Agreement shall restrict EchoStar DISH from using any and all of the bandwidth of the Signal from the Facility through to Service Subscribers by any means or for any purpose so long as the use does not materially degrade or interfere with the quality of the Primary Signal. Notwithstanding the foregoing, EchoStar DISH shall transmit to Service Subscribers all data or information that the FCC or any applicable Law requires EchoStar DISH to transmit ("“Required Materials"”) in a format reasonably specified by EchoStarDISH. Notwithstanding anything to the contrary contained in this Agreement, EchoStar DISH shall have the right, but not the obligation to distribute any material, information, data, images, sounds or features contained or embedded in or around any portion of the feed provided to EchoStar DISH for the Signal that is not part of the Primary Signal or part of the Required Materials.
Appears in 2 contracts
Samples: Affiliation Agreement (Real Hip-Hop Network, Inc), Affiliation Agreement (Real Hip-Hop Network, Inc)
