Common use of Avails Clause in Contracts

Avails. Network shall provide to EchoStar not less than [*] of commercial advertising time on the Service each hour during each calendar day of the Term (the "Avails"). EchoStar shall have the right to use the Avails as it chooses in its sole and exclusive discretion (including, but not limited to the sale of the Avails to third parties subject to Network's advertising policy attached hereto as Exhibit B and incorporated herein by this reference). EchoStar will comply with Network's advertising policy, except that EchoStar's Avails will not be pre-emptible by Network. [*] Network agrees that all Avails shall be evenly distributed throughout each and every hour of the Service on a twenty-four (24) hour basis, shall not occur between the actual or apparent end of one program and the actual or apparent beginning of another program and shall receive equal treatment with respect to placement in major events or highly publicized programming that is included in the Service. If Network increases the total amount of commercial announcement time on the Service to more than [*] per hour, then EchoStar shall receive [*] of the increase (rounded to the next highest thirty (30) second interval) and every increase thereafter. EchoStar and its Affiliates shall have the right to retain all of the proceeds derived from the sale of the Avails. Network shall provide EchoStar with industry standard cue tones to signal and enable EchoStar's use of the Avails. [*] CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Appears in 2 contracts

Sources: Affiliation Agreement (Current Media, Inc.), Affiliation Agreement (Current Media, Inc.)