Common use of Make Goods Clause in Contracts

Make Goods. In the event that Licensee fails for any reason to telecast any Network Program or any part thereof (including, without limitation, all of the commercial and promotional announcements contained therein) as provided herein, and, pursuant to paragraph 6.2 hereof, UPN elects to require Licensee to comply with the make-good provisions of this paragraph 6.3 with respect to such omitted Network Program, except with respect to the preemption of an Unacceptable Program, Licensee shall telecast such omitted Network Program and the commercial and promotional announcements contained therein (or any replacement Network Program and commercial and promotional announcements designated by UPN) in the time period pre-designated by the parties as set forth in Exhibit A hereto. If Licensee does not promptly comply with the provisions of this paragraph 6.3, UPN shall have the right, without limitation of any other right it may have, to license the telecast rights to the omitted Network Program to any other party, and shall have the right to terminate Licensee’s right to telecast the remaining episodes of such Network Series intended for telecast during the then-current and/or future broadcast season(s) and thereafter license the telecast rights to such terminated episodes to any other party. In addition, if Licensee does not promptly comply with the provisions of this paragraph 6.3, the preemption, which gave rise to the make-good obligation, shall automatically constitute an Unauthorized Preemption hereunder (as of the date of the original preemption), even if such preemption was originally an Authorized Preemption.

Make Goods. In the event that Licensee fails for any reason to telecast any Network Program or any part thereof (including, without limitation, all of the commercial and promotional announcements contained therein) as provided herein, and, pursuant to paragraph 6.2 hereof, UPN elects to require Licensee to comply with the make-good provisions of this paragraph 6.3 with respect to such omitted Network Program, except with respect to the preemption of an Unacceptable Program, Licensee shall telecast such omitted Network Program and the commercial and promotional announcements contained therein (or any replacement Network Program and commercial and promotional announcements designated by UPN) in the time period pre-designated by the parties as set forth in Exhibit A hereto. If Licensee does not promptly comply with the provisions of this paragraph 6.3, UPN shall have the right, without limitation of any other right it may have, to license the telecast rights to the omitted Network Program to any other party, and shall have the right to terminate Licensee’s right to telecast the remaining episodes of such Network Series intended for telecast during the then-current and/or future broadcast season(s) and thereafter license the telecast rights to such terminated episodes to any other partypart. In addition, if Licensee does not promptly comply with the provisions of this paragraph 6.3, the preemption, which gave rise to the make-good obligation, shall automatically constitute an Unauthorized Preemption hereunder (as of the date of the original preemption), even if such preemption was originally an Authorized Preemption.