Use by ▇▇▇▇▇▇. ▇▇▇▇▇▇ shall have the right to use its Capacity Allocation on the Shared Channel in any way it sees fit, in accordance with this Agreement (subject to compliance with the Channel Sharing Rules, the Communications Act of 1934, the Telecommunications Act of 1996, the Children's Television Act of 1990, and the rules and written policies of the FCC promulgated thereunder, all as may be amended from time to time (collectively, the "Communications Laws") and all other applicable laws), including (i) broadcasting any combination of HD and SD program streams in compliance with this Agreement, and (ii) broadcasting licensed third party content, provided that (A) a third party programmer shall not have any rights of access to the Transmission Facilities without Sharer's prior approval, which such approval shall not be unreasonably withheld; (B) ▇▇▇▇▇▇ shall be responsible for the capital or operating costs directly associated with adding these multiple program streams to the encoding pool; and (C~ ▇▇▇▇▇▇ shall remain responsible for its compliance obligations under this Agreement and any acts or omissions of a third-party programmer or counterparty to a ▇▇▇▇▇▇ Sub-Sharing Agreement (as defined below). Upon obtaining the prior written consent of ▇▇▇▇▇▇, ▇▇▇▇▇▇ shall have the right to enter into additional channel sharing agreements with other FCC licensed stations within its allocated capacity (each, a "▇▇▇▇▇▇ Sub-Sharing Agreement"), subject to the terms in Sections 2.5(a)(ii)(A) and (B) and Section 2.5(c), provided that ▇▇▇▇▇▇ shall remain responsible for its compliance obligations under this Agreement and any acts or omissions of a counterparty to a ▇▇▇▇▇▇ Sub-Sharing Agreement. For clarity, ▇▇▇▇▇▇ shall ensure that any ▇▇▇▇▇▇ Sub-Sharing Agreement shall contain the third party licensee's acknowledgement and agreement to comply with all provisions of this Agreement, and ▇▇▇▇▇▇ shall be responsible for any defaults or breaches by such third party licensees of Sharee's obligations under this Agreement. No ▇▇▇▇▇▇ Sub- Sharing Agreement shall relieve ▇▇▇▇▇▇ of any of its obligations hereunder. Promptly upon execution of any ▇▇▇▇▇▇ Sub-Sharing Agreement, ▇▇▇▇▇▇ shall provide an executed copy of such ▇▇▇▇▇▇ Sub- Sharing Agreement to Sharer.
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Use by ▇▇▇▇▇▇. ▇▇▇▇▇▇ shall have the right to use its Capacity Allocation on the Shared Channel in any way it sees fit, in accordance with this Agreement (subject to compliance with the Channel Sharing Rules, the Communications Act of 1934, the Telecommunications Act of 1996, the Children's ’s Television Act of 1990, and the rules and written policies of the FCC promulgated thereunder, all as may be amended from time to time (collectively, the "“Communications Laws"”) and all other applicable laws), including (i) broadcasting any combination of HD and SD program streams in compliance with this Agreement, and (ii) broadcasting licensed third party content, provided that (A) a third party programmer shall not have any rights of access to the Transmission Facilities without Sharer's ’s prior approval, which such approval shall not be unreasonably withheld; (B) ▇▇▇▇▇▇ shall be responsible for the capital or operating costs directly associated with adding these multiple program streams to the encoding pool; and (C~ C) ▇▇▇▇▇▇ shall remain responsible for its compliance obligations under this Agreement and any acts or omissions of a third-party programmer or counterparty to a ▇▇▇▇▇▇ Sub-Sub- Sharing Agreement (as defined below)) and (D) ▇▇▇▇▇▇ must be able to terminate any programming agreements entered by it upon consummation of the Call Rights or Put Rights described in Article 6 of this agreement, at no cost to Sharer. Upon obtaining the prior written consent of ▇▇▇▇▇▇, ▇▇▇▇▇▇ shall have the right to enter into additional channel sharing agreements with other FCC licensed stations within its allocated capacity (each, a "“▇▇▇▇▇▇ Sub-Sharing Agreement"”), subject to the terms in Sections 2.5(a)(ii)(A) and (B) and Section 2.5(c), provided that ▇▇▇▇▇▇ shall remain responsible for its compliance obligations under this Agreement and any acts or omissions of a counterparty to a ▇▇▇▇▇▇ Sub-Sharing Agreement. For clarity, ▇▇▇▇▇▇ shall ensure that any ▇▇▇▇▇▇ Sub-Sharing Agreement shall contain the third party licensee's ’s acknowledgement and agreement to comply with all provisions of this Agreement, and ▇▇▇▇▇▇ shall be responsible for any defaults or breaches by such third party licensees of Sharee's ’s obligations under this Agreement. No ▇▇▇▇▇▇ Sub- Sub-Sharing Agreement shall relieve ▇▇▇▇▇▇ of any of its obligations hereunder. ▇▇▇▇▇▇ must be able to terminate any Sub-Sharing Agreement entered by ▇▇▇▇▇▇ upon consummation of the Call Rights or Put Rights described in Article 6 of this agreement, at no cost to Sharer. Promptly upon execution of any ▇▇▇▇▇▇ Sub-Sharing Agreement, ▇▇▇▇▇▇ shall provide an executed copy of such ▇▇▇▇▇▇ Sub- Sub-Sharing Agreement to Sharer. The parties acknowledge and agree that ▇▇▇▇▇▇ shall have the right to air the multicast streams identified on Schedule 2.1 hereto without further approval of Sharer.
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