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