RESTRICTIONS ON THE INTERACTIVE DELIVERY OF NEWS Sample Clauses

RESTRICTIONS ON THE INTERACTIVE DELIVERY OF NEWS. (a) Without NBC's prior written consent, neither Newco nor any of its Subsidiaries shall, directly or indirectly, acquire any Person or asset or operate any business, division or operation that, directly or indirectly, creates or engages in the Interactive Delivery of (i) general local, national and international news or (ii) news related to (A) business, finance, personal finance or money management, (B) news history/archives, (C) political commentary, (D) consumer news, (E) health news, (F) sports news, (G) weather, (H) basic science news or (I) entertainment (including performing arts), in each case of the type typically included in general circulation daily newspapers such as the NEW YORK TIMES and the WALL STREET JOURNAL, broadcast news programming or general interest magazines such as TIME, NEWSWEEK, FORBES and MONEY and niche business magazines not of a technical nature such as BROADCAST & CABLE MAGAZINE (collectively, "RESTRICTED NEWS"); PROVIDED, HOWEVER, that Newco and such controlled Affiliates may create or engage in the Interactive Delivery of such level and amount of Restricted News as provided by NE Portal as of the date of the Investment Agreement, as set forth in Exhibit 5.2 attached hereto. Other than the restrictions contained in the preceding sentence, none of Newco nor any of its controlled Affiliates shall be restricted from the Interactive Delivery of news or sports. (b) Notwithstanding anything to the contrary contained in this Agreement, NBC shall not be entitled to terminate this Agreement for any breach by Newco or its Subsidiaries of this Section 5.2 and, in addition, NBC's sole and exclusive remedy for any such breach shall be specific performance by Newco or such Subsidiary of this Section 5.2; PROVIDED, HOWEVER, that if specific performance is unavailable or rejected by any court of competent jurisdiction (on grounds other than the merits of such claim of breach), NBC may seek damages for breach of contract, but not indemnification under Section 11.
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