Failure to Telecast Sample Clauses

Failure to Telecast. Media Outlet may substitute for an Ad any matter that Media Outlet deems, in its sole discretion, is of greater importance. Unless stated otherwise on the Order Form, all Ads are preemptible. In any case, all Ads are subject to these Terms. If Media Outlet does not telecast an Ad at any stipulated time, Media Outlet may telecast the Ad at a subsequent time. Media Outlet’s liability for failure to telecast shall not exceed the amount paid by Advertiser for telecast of the Ad and in no event is Advertiser entitled to monetary damages. Except as set forth in this section and Section 2, if the Ad is not telecast by Media Outlet, Advertiser is not required to pay for telecast, or is entitled to a refund of any amount already paid. For an Ad(s) that is ordered to air in the SMN and/or Impression-Based buy system(s), if said Ad airs in at least 95% of the Purchased Footprint, the Ad is deemed to have cleared and Advertiser agrees to pay in full. For purposes of this section, the “Purchased Footprint” is the aggregate demographic measurement and coverage area set forth in the Order Form (e.g., audience sold and/or guaranteed to be delivered across a certain number of ▇▇▇▇▇▇▇▇ specific markets). In addition, notwithstanding anything to the contrary in this Contract, if an Ad is exhibited for at least ninety percent (90%) of the duration of the time ordered, or within five (5) minutes of a requested time, Advertiser agrees to pay in full. Upon mechanical failure, equipment problem, utility outage, technical problem, act of God, accident, fire, flood, tornado, hurricane, lock-out, strike or other labor dispute, war, terrorist act, earthquake, explosion or any other event beyond the reasonable control of Media Outlet, Media Outlet shall not be liable for any failure to perform.
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Failure to Telecast. If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause, including mechanical or electronic breakdowns, beyond the reasonable control of WTVQ, there is an interruption or omission of both the audio and video signals of the commercial announcement or the program provided by Agency or Advertiser pursuant to this Agreement (collectively the "Material"), WTVQ may suggest a substitute time period for the telecast of the Material (“Make Good”). If no such Make Good is acceptable to Advertiser, then WTVQ shall issue a credit against Advertiser’s account as follows: a. With respect to Material that is more than three (3) minutes in length (a "Program"), a credit in an amount equal to the monies attributable to that portion of the Program not aired. For example, if WTVQ fails to telecast thirty (30) seconds of a ten (10) minute program, and Make Good is not acceptable to Advertiser, then Advertiser would receive a credit in an amount equal to five percent (5%) of the amount attributable on the Confirmation to that airing of the Program; and b. With respect to Material that is three (3) minutes or less in length (a "Commercial Announcement"), a credit in an amount equal to the monies attributable to that failed airing of the Commercial Announcement. Agency shall have the benefit of the same discounts that would have been earned if there had been no interruption or omission in the telecast.
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Related to Failure to Telecast

  • Failure to Produce In the event the Buyer fails to produce the aforementioned letter or other acceptable verification by the date above in Section IV(c), this Agreement may be terminated at the election of the Seller with written notice provided to the Buyer within calendar days from the date in Section IV(c);

  • Failure to Provide Notice of Expiry If the HSP fails to provide the required 6 months’ Notice that it intends to allow this Agreement to expire, or fails to provide a Transition Plan along with any such Notice, this Agreement shall automatically be extended and the HSP will continue to provide the Services under this Agreement for so long as the Funder may reasonably require to enable all clients of the HSP to transition to new service providers.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Supply 4.2.1 If Company becomes aware that a Supply Interruption is reasonably likely to occur, Company shall promptly notify AbbVie by telephone or by written notification and shall provide AbbVie with the opportunity to meet in person or by teleconference to discuss the details to the extent they are known by Company. 4.2.2 In the event that Company is unable, or notifies AbbVie that it is unable or otherwise receives notice from its CMO that it will be unable to supply, for any reason, except for a Force Majeure Event, to supply Product in accordance with the quantities and/or delivery dates specified by AbbVie for such Product via Purchase Orders, Company shall have a period of *** days or such longer time as necessary so long as Company is using commercially reasonable efforts to cure such interruption to supply, during which time Company will prioritize AbbVie Purchase Orders of Product over Company or other customer orders. If such interruption to supply continues after such sixty (60) day period, AbbVie may, in its sole discretion: (a) cancel outstanding Purchase Orders with Company; (b) require Company to supply the undelivered Product at a future date agreed upon by the Parties; or (c) at Company’s sole expense, manufacture or have manufactured by a Third Party designated and qualified by AbbVie such quantity of ribavirin as AbbVie may reasonably determine with notice to Company as will meet AbbVie’s worldwide requirements in light of such interruption to supply. AbbVie shall be entitled to receive from Company *** % of AbbVie’s cover damages, comprising cost differences between the Product’s cost and the replacement product’s cost, and reasonable costs associated with procuring replacements for the Product, until such time as Company is capable of resuming its supply obligations under this Agreement. Upon Company’s resolution of the interruption to supply to the reasonable satisfaction of AbbVie, AbbVie shall be required to resume purchasing the Applicable Percentage of AbbVie Product Requirements from Company but shall be excused from purchasing that portion attributable to the permitted purchases from the Third Party manufacturer under Section 4.2.2(c).