Content Deviation Sample Clauses

Content Deviation. If for any reason DISH, in good faith, determines that the Service (i) includes programming that is other than the programming described in this Section 4, or is prohibited by this Section 4 and/or (ii) does not include programming of at least the quantity, quality, type and content as required by this Section 4 or any other provision of the Agreement (a “Content Deviation”), DISH shall have the right, in addition to any other rights or remedies available to it in this Agreement, at law or in equity but not the obligation, at its sole option to (A) immediately suspend DISH’s distribution of the Service hereunder and/or (B) terminate this Agreement and cease its transmission of the Service to Service Subscribers; each of (A) and (B) without any liability to Network whatsoever and Network covenants to never contend to the contrary. In such an event, Network explicitly agrees that, notwithstanding anything to the contrary set forth in this Agreement, its payment obligations hereunder shall continue to be based on the number of Service Subscribers that would have received the Service had DISH not exercised its rights set forth in (A) above.
View SourceView Similar (2)
Content Deviation. If for any reason EchoStar, in good faith, determines that the Service (i) includes programming prohibited by this "Content of the Service" section and/or (ii) does not include programming of at least the quantity, quality, type and content as required by this "Content of the Service" section or any other provision of the Agreement (a "Content Deviation"), EchoStar shall provide Network with written notice stating the basis of the Content Deviation. If the Content Deviation is not cured to EchoStar's satisfaction within thirty (30) calendar days after the date that the notice was given, EchoStar shall have the right, in addition to any other rights or remedies available to it in this Agreement, at law or in equity but not the obligation, at its sole option to: (A) discontinue distribution of the Service; (B) preempt the deviating and/or prohibited programming; and/or (C) receive credit against the Fees in the proportion that the hours (or portion thereof) of programming each day which is either prohibited or deviates from the programming required bears to the total hours the Service is transmitted each day, which credit shall be applied against the Fees determined by EchoStar in its sole discretion; provided, that Network agrees and acknowledges that there are certain breaches which are incapable of being cured and are therefore not subject to the thirty (30) day cure period.
View SourceView Similar (2)

Related to Content Deviation

  • Deviation Should Subrecipient wish to deviate from the requirements of this Paragraph F or wish to issue a sub-contract to other than the lowest bidder or competitor, Subrecipient shall submit written justification therefore to Administrator for approval or denial and shall withhold any further action until receipt of written notice of Administrator’s approval of said request. The decision of Administrator shall be final.

  • Agreement Deviation/Compliance Does the vendor agree with the language in the Vendor Agreement?

  • Service Specification The Parties have agreed upon the scope and specification of the Services provided under this Service Agreement in the Service Specification.

  • Configuration The configuration for the Purchase Right Aircraft will be the Detail Specification for Model 767-3S2F aircraft at the revision level in effect at the time of the Supplemental Agreement. Such Detail Specification will be revised to include (i) changes required to obtain required regulatory certificates and (ii) other changes as mutually agreed upon by Boeing and Customer.

  • SAMPLE (If applicable and the project has specifications, insert the specifications into this section.)