Operation of Station. (a) Notwithstanding anything herein to the contrary, the Permittee shall retain exclusive authority for the construction and operation of the Station, including, without limitation, the right (i) to accept or reject any contract for the provision of goods and services in the construction of the Station, (ii) to accept or reject any programming or advertisements proffered by Manager, (iii) to cancel or preempt any programming proffered by Manager if the broadcast of such program(s) would, in the Permittee's opinion, not be in the public interest, (iv) to substitute for any program proffered by Manager a program deemed by the Permittee to be of greater national, regional or local interest, (v) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunities, and (vi) to take any other action which the Permittee deems necessary for compliance with federal, state and local laws, including the Act and the rules and policies of the FCC. Station personnel shall report and be accountable solely to the Permittee. When they use Permittee's facilities, Manager's personnel shall be under the ultimate direction, control and supervision of the Permittee's general manager. (b) The Permittee will use its best efforts to provide Manager with reasonable prior notice of any intention to cancel or preempt any programming proffered by Manager. (c) Permittee shall be solely responsible for the Station's compliance with the Act as well as FCC rules and policies. Manager shall provide information to the Permittee with respect to Manager's programs to assist the Permittee in assessing the extent to which such programming is responsive to the needs and interests of the Station's service area and to enable the Permittee to provide information required by the FCC and other governmental entities, including but not limited to (i) a quarterly list of community issues and responsive programming and (ii) a description of programming intended to satisfy the Permittee's obligations under the Children's Television Act of 1990. (d) Manager shall have no responsibility for Permittee's federal, state or local income taxes, regardless of when paid or payable by Permittee. (e) Manager shall have the authority, subject to Permittee's final approval and in compliance with Permittee policies and all applicable laws, to hire such personnel as Manager shall deem necessary for the construction and operation of the Station.
Appears in 2 contracts
Sources: Management Agreement (Acme Intermediate Holdings LLC), Management Agreement (Acme Television LLC)
Operation of Station. (a) Notwithstanding anything herein to the contrary, the Permittee shall retain exclusive authority for the construction and operation of the Station, including, without limitation, the right (i) to accept or reject any contract for the provision of goods and services in the construction of the Station, (ii) to accept or reject any programming or advertisements proffered by Manager, (iii) to cancel or preempt any programming proffered by Manager if the broadcast of such program(s) would, in the Permittee's opinion, not be in the public interest, (iv) to substitute for any program proffered by Manager a program deemed by the Permittee to be of greater national, regional or local interest, (v) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunities, and (vi) to take any other action which the Permittee deems necessary for compliance with federal, state and local laws, including the Act and the rules and policies of the FCC. Station personnel shall report and be accountable solely to the Permittee. When they use Permittee's facilities, Manager's personnel shall be under the ultimate direction, control and supervision of the Permittee's general manager.
(b) The Permittee will use its best efforts to provide Manager with reasonable prior notice of any intention to cancel or preempt any programming proffered by Manager.
(c) Permittee shall be solely responsible for the Station's compliance with the Act as well as FCC rules and policies. Manager shall provide information to the Permittee with respect to Manager's programs to assist the Permittee in assessing the extent to which such programming is responsive to the needs and interests of the Station's service area and to enable the Permittee to provide information required by the FCC and other governmental entities, including but not limited to (i) a quarterly list of community issues and responsive programming and (ii) a description of programming intended to satisfy the Permittee's obligations under the Children's Television Act of CHILDREN'S TELEVISION ACT OF 1990.
(d) Manager shall have no responsibility for Permittee's federal, state or local income taxes, regardless of when paid or payable by Permittee.
(e) Manager shall have the authority, subject to Permittee's final approval and in compliance with Permittee policies and all applicable laws, to hire such personnel as Manager shall deem necessary for the construction and operation of the Station.
Appears in 2 contracts
Sources: Management Agreement (Acme Television LLC), Management Agreement (Acme Intermediate Holdings LLC)
Operation of Station. (a) Notwithstanding anything herein to the contrarycontrary in this Agreement, Licensee shall have full authority and power over the Permittee shall retain exclusive authority operation of the Station during the Term. Licensee's General Manager for the construction Station shall report solely to and be accountable solely to the Licensee, and shall direct the day-to-day operation of the Station. Licensee shall have complete control over the policies, programming and operations of the Station, including, without limitation, the right (i) to accept or reject any contract for the provision of goods and services in the construction of the Station, (ii) decide whether to accept or reject any programming or advertisements proffered by Manager, (iii) and the right to cancel or preempt any programming proffered by Manager if the programs in order to broadcast of such program(s) would, in the Permittee's opinion, not be in the public interest, (iv) to substitute for any program proffered by Manager a program programs deemed by the Permittee Licensee to be of greater national, regional regional, or local interest, (v) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunities, and (vi) . Licensee shall retain the right to take any other action which the Permittee deems actions necessary for compliance with federalthe laws of the United States of America; the State of New Jersey; the rules, state and local lawsregulations, including the Act and the rules and policies of the FCCCommission; and the rules, regulations and policies of other federal governmental authorities, including the Federal Trade Commission and the Department of Justice. Station personnel Licensee shall report and be accountable solely to the Permittee. When they use Permittee's facilitiesat all times, Manager's personnel shall be under the ultimate direction, control and supervision of the Permittee's general manager.
(b) The Permittee will use its best efforts to provide Manager with reasonable prior notice of any intention to cancel or preempt any programming proffered by Manager.
(c) Permittee shall be solely responsible for meeting all of the Commission's requirements with respect to emergency broadcast system tests, public service programming, and for maintaining the Station's compliance political and public inspection files and for the preparation of Issues/Programs Lists. Broker shall maintain daily program logs as long as any applicable law should at any time direct and all program logs, or copies, shall be available for inspection or reproduction by Licensee. Licensee shall prepare and place in the public file, the quarterly Issues/Programs Lists. Licensee shall be ultimately responsible for all requests for political time from political candidates, and Broker shall coordinate with the Act as well as FCC Licensee all such sales of political time in accord with Commission rules and policiesregulations. Manager shall Broker shall, upon request by Licensee, provide Licensee with information to the Permittee with respect to Managersuch of Broker's programs to assist the Permittee in assessing the extent to which such programming is are responsive to the public needs and interests to assist Licensee in the preparation of the Station's service area required programming reports, and will provide upon request other information to enable the Permittee Licensee to provide information prepare other records, reports and logs required by the FCC and Commission or other governmental entities, including but not limited to (i) a quarterly list of community issues and responsive programming and (ii) a description of programming intended to satisfy the Permittee's obligations under the Children's Television Act of 1990.
(d) Manager shall have no responsibility for Permittee's federallocal, state or local income taxes, regardless of when paid or payable by Permitteefederal governmental agencies.
(e) Manager shall have the authority, subject to Permittee's final approval and in compliance with Permittee policies and all applicable laws, to hire such personnel as Manager shall deem necessary for the construction and operation of the Station.
Appears in 1 contract
Sources: Time Brokerage Agreement (Nassau Broadcasting Corp)