Failure of Broadcast Transmission. Seller shall give prompt written notice to Buyer if either of the following (a "Specified Event") shall occur: (i) the regular broadcast transmissions of the Station in the normal and usual manner are interrupted or discontinued; or (ii) the Station operated at less than ninety percent (90%) of its licensed power. If any Specified Event persists for more than seventy-two (72) hours (or, in the event of force majeure or utility failure affecting generally the markets served by the Station, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, then Buyer may, at its option: (i) terminate this Agreement by written notice given to Seller not more than ten (10) days after the expiration of such thirty (30) day period, or (ii) proceed in the manner set forth in Section 13.3.1. In the event of termination of this Agreement by Buyer pursuant to this Section, the parties shall be released and discharged from any further obligation hereunder.
Failure of Broadcast Transmission. If any event referred to in Section 10.1 hereof occurs or if any event occurs which prevents broadcast transmission by WLAJ in the normal and usual manner and if WLAJ, Inc. or Granite cannot restore or replace the Broadcasting Assets so that such condition(s) are cured and normal and usual transmission can be resumed before the Closing Date and Granite has not terminated this Agreement, as permitted by Section 10.1 hereof, the Closing Date shall be postponed, the exact date and time of such postponed Closing to be such date and time within the effective period of the Final Order contemplated under this Agreement as shall be designated by Granite upon five (5) days' written notice to Buyer. In the event that such Broadcasting Assets cannot be restored within the effective period of the Final Order and Granite has not terminated this Agreement, as permitted by Section 10.1 hereof, the parties shall join in an application or applications requesting the FCC to extend the effective period of its consent for a period of an additional sixty (60) days. If such Broadcasting Assets have not been restored or replaced by the Closing Date, as and to the extent postponed pursuant to this Section 10.2, each party hereto shall each have the right, by giving written notice of its election to do so to the other parties, to terminate this Agreement forthwith without any further obligation hereunder. Anything herein contained to the contrary notwithstanding, Buyer may, at its option, proceed to close the transaction forthwith and complete the restoration and replacement of the damaged Broadcasting Assets after the Closing Date, in which event Granite shall pay or otherwise transfer to Buyer any and all proceeds and deductible amounts under applicable insurance policies of the Granite Group.
Failure of Broadcast Transmission. Sellers and the Centennial Entities shall give prompt written notice to Buyer if either of the following (a "Specified Event") shall occur at any of the Stations: (a) the regular broadcast transmissions of any of the Stations in the normal and usual manner are interrupted or discontinued; (b) any of the Stations that are FM broadcasting stations are operated at less than their respective licensed antenna height above average terrain or at less than ninety percent (90%) of their respective licensed effective radiated power; or (c) WBYU(AM) is operated at less than ninety percent (90%) of its licensed power. If any Specified Event at a Station persists for more than seventy-two (72) hours (or, in the event of force majeure or utility failure affecting generally the markets served such Station, ninety-six (96) hours), whether or not consecutive, during any period of thirty (30) consecutive days, then Buyer may, at its option: (x) terminate this Agreement by written notice given to Sellers not more than ten (10) days after the expiration of such thirty (30) day period, or (y) proceed in the manner set forth in Section 7.4.1; provided however, that the amount of time that broadcasting is discontinued (if any) during the anticipated move to the New WBYU(AM) Antenna Site, up to 72 hours, shall be disregarded for purposes of this sentence. With regard to WBYU(AM), the parties acknowledge that WBYU(AM) may be required to operate pursuant to Special Temporary Authorization of the FCC and at reduced power as required by the FCC's grant of Special Temporary Authorization, in connection with the implementation of the move of its antenna site to the New WBYU Antenna Site and the parties acknowledge that such operations do not give Buyer a right to terminate under this Section 7.4.2.
Failure of Broadcast Transmission. Seller shall give prompt written notice to Buyer if either of the following (a "Specified Event") shall occur: (i) the regular broadcast transmissions of the Stations in the normal and usual manner are interrupted or discontinued; or (ii) the Stations are operated at less than their licensed antenna height above average terrain or at less than ninety percent (90%) of their licensed effective radiated power. If any Specified Event persists for more than one seventy-two (72) consecutive hours or one hundred twenty (120) non-consecutive hours (or, in the event of force majeure or utility failure affecting generally the market served by the Stations, ninety-six (96) consecutive hours or three hundred thirty-six non-consecutive hours) during any period of thirty (30) consecutive days, then Buyer may, at its option: (i) terminate this Agreement by written notice given to Seller not more than ten (10) days after the expiration of such thirty (30) day period, or (ii) proceed in the manner set forth in Section 14.3.1. In the event of termination of this Agreement by Buyer pursuant to this Section, the parties shall be released and discharged from any further obligation hereunder.
Failure of Broadcast Transmission. Benedek shall give prompt written notice to Purchaser if either of the following (a "Specified Event") shall occur: (a) the regular broadcast transmission of the Station in the normal and ususal manner is interrupted or discontinued; or (b) the Station is operated at less than its licensed antenna height above average terrain or at less than 90% of its licensed effective radiated power. If any Specified Event persists for more than 48 consecutive hours or 72 non-consecutive hours (or, in the event of force majeure or utility failure affecting generally the market served by the Station, 72 consecutive hours or 168 non-consecutive hours) during any period of 30 consecutive calendar days, then Purchaser may, at its option: (x) terminate this Agreement by written notice given to Benedek not more than 10 calendar days after the Specified Event, or (y) proceed in the manner set forth in Section 14.3. In the event of termination of this Agreement by Purchaser pursuant to this Section 14.2, the parties shall be released and discharged from any further obligation hereunder.
Failure of Broadcast Transmission. The ACME Entities shall give prompt written notice to Buyer if the regular broadcast transmissions of the Station in the normal and usual manner are interrupted or discontinued. If such interruption occurs for more than seventy-two (72) hours, whether or not consecutive, during any period of thirty (30) consecutive days, then Buyer may, at its option: (i) terminate this Agreement without liability on the part of the ACME Entities or Buyer, or (ii) proceed with the Closing in the manner set forth in Section 13.13(a)(i).
Failure of Broadcast Transmission. Notwithstanding any provision of this Agreement to the contrary, in the event KOFY shall cease transmission of its television broadcast signal (other than to an insignificant portion of its normal viewing audience): (a) for a period of five consecutive days, Buyer shall have the right, by written notice to Pacific, to terminate this Agreement without further obligation to Pacific or Stockholders hereunder; or (b) on the scheduled Closing Date, the Closing shall not take place on the scheduled Closing Date and the Buyer shall have the right to terminate this Agreement, if such failure is not cured within two (2) days.
Failure of Broadcast Transmission. Seller shall give prompt written notice to Buyer if any of the following (a "Service Interruption") occurs: (a) the regular broadcast transmissions of the Station in the normal and usual manner are interrupted or discontinued for four (4) or more consecutive hours (except for routine maintenance between the hours of midnight and 8 a.m. on Sundays) or (b) the Station is operated at less than its licensed antenna height above average terrain or less than thirty (30%) of its licensed effective radiated power for four (4) or more consecutive hours. If the Station is not operating with its licensed facilities with at least thirty percent (30%) of its licensed power on the Closing Date, or, if between the date hereof and the Closing, the Station has experienced Service Interruptions aggregating seventy-two (72) hours in any thirty (30) day period (whether or not consecutive) or has experienced three (3) or more Service Interruptions, Buyer may, at its option: (a) terminate this Agreement without liability, or (b) proceed in the manner set forth in Sections 7.3.1(a) or 7.3.1(b). Notwithstanding anything herein to the contrary, a disruption in service due to a disruption in power provided by a public utility will not be deemed a Service Interruption. Resolution of Disagreements. If the parties are unable to agree upon the extent of any loss or damage, the cost to repair, replace or restore any lost or damaged property, the adequacy of any repair, replacement, or restoration of any lost or damaged property, or any other matter arising under this Section, the disagreement shall be referred to a qualified consulting communications engineer mutually acceptable to Seller and Buyer who is a member of the Association of Federal Communications Consulting Engineers, whose decision shall be final and binding, and whose fees and expenses shall be paid one-half by Seller and one-half by Buyer.
Failure of Broadcast Transmission. Seller shall give prompt written notice to Buyer if either of the following (a "Specified Event") shall occur: (i) the regular broadcast transmissions of any of the Stations in the normal and usual manner are interrupted or discontinued; or (ii) any of the Stations are operated at less than their respective licensed antenna
Failure of Broadcast Transmission. In the event the Station shall cease broadcast transmission for a period of ten consecutive days, Buyer shall have the right, by written notice to WXON-TV, Inc., to terminate this Agreement without further obligation to Seller hereunder.
