Common use of Media Services Clause in Contracts

Media Services. The NDS use an outside agency for planning and placement of their advertising in the media. The Company will have the option to contract with that outside agency for such services in the Company's local service areas, and NWIP will use its best reasonable efforts to induce the outside agency to agree to permit the Company to obtain the same terms for such services as were extended to the NDS by the outside agency. The Company may utilize other media buyers or outlets at its sole discretion. If planning and placement of advertising are performed in-house, the Company will have access thereto on the same basis as the NDS. The NDS and the Company each have the right to advertise in their respective territories. Outside their territories: A. National advertising, and any advertising, whether national, regional or local, outside the United States, will be the exclusive right of the Nextel Group. B. Each of (a) NWIP, Nextel and the NDS and (b) the Company have the right to place advertising focused within its territory that results in incidental or unavoidable extra-territorial publication (e.g., out-of-state newspaper distribution). C. National indirect or national retail promotions (e.g., Hello Direct Catalogs) will be the exclusive right of the Nextel Group. D. Each of the Nextel Group and the Company may, subject to Section 8.8, maintain world wide website advertising.

Appears in 2 contracts

Sources: Joint Venture Agreement (Nextel Partners Inc), Joint Venture Agreement (Nextel Communications Inc)