to other Network
program dayparts.
8.
CONDITIONS OF STATION'S BROADCAST.
STATION'S BROADCAST OF NBC
PROGRAMMING SHALL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
(A)
STATION SHALL NOT MAKE ANY DELETIONS FROM, OR ADDITIONS OR
MODIFICATIONS TO, ANY NBC PROGRAM OR ANY COMMERCIAL, NBC IDENTIFICATION, PROGRAM
PROMOTIONAL OR PRODUCTION CREDIT ANNOUNCEMENTS OR OTHER INTERSTITIAL MATERIAL
CONTAINED THEREIN, NOR BROADCAST ANY COMMERCIAL OR OTHER ANNOUNCEMENTS (EXCEPT
EMERGENCY BULLETINS) DURING ANY SUCH PROGRAM, WITHOUT NBC'S PRIOR WRITTEN
AUTHORIZATION. STATION SHALL BROADCAST EACH NBC PROGRAM FROM THE COMMENCEMENT OF
NETWORK ORIGINATION UNTIL THE COMMENCEMENT OF THE NEXT PROGRAM.
(B)
FOR PURPOSES OF IDENTIFICATION OF STATION WITH THE NBC PROGRAMS,
AND UNTIL WRITTEN NOTICE TO THE CONTRARY IS GIVEN BY NBC, STATION MAY
SUPERIMPOSE ON CERTAIN ENTERTAINMENT PROGRAMS, WHERE DESIGNATED BY NBC, A SINGLE
LINE OF TYPE, NOT TO EXCEED FIFTY (50) VIDEO LINES IN HEIGHT AND SITUATED IN THE
LOWER EIGHTH RASTER OF THE VIDEO SCREEN, WHICH SINGLE LINE SHALL INCLUDE (AND BE
LIMITED TO) STATION'S CALL LETTERS, COMMUNITY OF LICENSE OR HOME MARKET, CHANNEL
NUMBER, AND THE NBC LOGO. NO OTHER ADDITION TO ANY ENTERTAINMENT PROGRAM IS
CONTEMPLATED BY THIS CONSENT, AND THE AUTHORIZATION CONTAINED HEREIN
SPECIFICALLY EXCLUDES AND PROHIBITS ANY ADDITION WHATSOEVER TO NEWS AND SPORTS
PROGRAMS, EXCEPT IDENTIFICATION OF STATION AS PROVIDED IN THE PRECEDING SENTENCE
AS REQUIRED BY THE FCC.
9.
LOCAL NEWS. STATION AGREES, DURING THE TERM OF THIS AGREEMENT, TO
BROADCAST LOCAL NEWS PROGRAMS OF AT LEAST THIRTY (30) MINUTES IN LENGTH AS
LEAD-INS TO EACH OF "THE TODAY SHOW" (OR REPLACEMENT PROGRAMMING), "NBC NIGHTLY
NEWS" (OR REPLACEMENT PROGRAMMING) AND NBC'S LATE NIGHT PROGRAMMING; PROVIDED,
THAT STATION MAY PREEMPT ANY OF SUCH LOCAL NEWS PROGRAMMING ON SATURDAY OR
SUNDAY TO THE EXTENT THAT SUCH PROGRAMMING WOULD DIRECTLY CONFLICT WITH
STATION'S BROADCAST OF WEEKEND NBC SPORTS PROGRAMMING.
10.
STATION REPORTS. STATION SHALL SUBMIT TO NBC IN WRITING UPON FORMS
PROVIDED BY NBC OR VIA E-MAIL OR VIA APT, AS NBC MAY DESIGNATE, SUCH REPORTS AS
NBC MAY REQUEST COVERING THE BROADCAST BY STATION OF NBC PROGRAMMING.
11.
FORCE MAJEURE. NEITHER STATION NOR NBC SHALL INCUR ANY LIABILITY
HEREUNDER BECAUSE OF NBC'S FAILURE TO DELIVER, OR THE FAILURE OF STATION TO
BROADCAST, ANY OR ALL NBC PROGRAMS DUE TO FAILURE OF FACILITIES, LABOR DISPUTES,
GOVERNMENT REGULATIONS OR CAUSES BEYOND THE REASONABLE CONTROL OF THE PARTY SO
FAILING TO DELIVER OR TO BROADCAST. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, NBC'S FAILURE TO DELIVER A PROGRAM DUE TO CANCELLATION OF THAT
PROGRAM FOR ANY REASON SHALL BE DEEMED TO BE FOR CAUSES BEYOND NBC'S REASONABLE
CONTROL.
12.
INDEMNIFICATION. NBC SHALL INDEMNIFY, DEFEND AND HOLD STATION, ITS
PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE DIRECTORS,
OFFICERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES,
LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING
OUT OF THE USE BY STATION, IN ACCORDANCE WITH THIS AGREEMENT, OF ANY NBC PROGRAM
OR OTHER MATERIAL AS FURNISHED BY NBC HEREUNDER, PROVIDED THAT STATION
5
promptly notifies NBC of any claim or litigation