Content Deviation Sample Clauses
Content Deviation. If for any reason DISH, in good faith, determines that the Service (i) includes programming that is other than the programming described in this Section 4, or is prohibited by this Section 4 and/or (ii) does not include programming of at least the quantity, quality, type and content as required by this Section 4 or any other provision of the Agreement (a “Content Deviation”), DISH 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) immediately suspend DISH’s distribution of the Service hereunder and/or (B) terminate this Agreement and cease its transmission of the Service to Service Subscribers; each of (A) and (B) without any liability to Network whatsoever and Network covenants to never contend to the contrary. In such an event, Network explicitly agrees that, notwithstanding anything to the contrary set forth in this Agreement, its payment obligations hereunder shall continue to be based on the number of Service Subscribers that would have received the Service had DISH not exercised its rights set forth in (A) above.
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.