Common use of Use of Network Clause in Contracts

Use of Network. (a) Press Association shall establish the Network, in accordance with Exhibit A, which shall consist of, among other things, the placement of Receivers (as defined in Exhibit A) in a minimum of 600 television stations ("Receive Points"). Subject to the terms of this Agreement, VBC is hereby granted the right to use the Network to transmit VBC Information. (b) If a television station requests that Press Association terminate delivery of VBC Information to such station, Press Association will promptly provide VBC with notice of such request, and VBC shall have 30 business days from the date of such notice to acquire the written permission from such station to continue to receive VBC Information. VBC will deliver a copy of such written approval to Press Association. If no such written approval is furnished to Press Association at the end of such 30 day period, Press Association will no longer provide VBC Information to such television station. (c) Press Association hereby agrees to share up to 50% of the transmission capacity of the Network with VBC in order to enable VBC to transmit VBC Information solely to television newsrooms (the "Receive Points"). (d) Press Association shall transmit VBC Information in accordance with the specifications set forth on Exhibit A annexed hereto and made a part hereof. Transmission of satellite publicity advisories ("Satellite Publicity Advisories"), and video publicity advisories ("Video Publicity Advisories") (the "Advisories") shall conform to the statements or guidelines adopted by Press Association for its newswire transmissions. (e) VBC shall have the exclusive right to market VBC Information for distribution over the Network. VBC expressly acknowledges and agrees that customers of AP Express Newspaper Network may elect to send the same information as it is being sent over the AP Express Newspaper Network via the Network to Receive Points with the permission of such Receive Points. For purposes of this Paragraph of this Agreement, the "AP Express Newspaper Network" is a shared data network for broadcast, cable and direct broadcast satellite television networks primarily for delivery of material to non-broadcast interests such as newspapers, trade publications and related parties. (f) Both Press Association and VBC hereby agree that they and their affiliates will transmit no more than 10,000 words per day of textual material other than Advisories ("non-Advisory Material") to any Receive Point which has only one Receiver. If VBC desires to transmit more than 10,000 words per day of non-Advisory Material, it must request an Additional Receiver ("Additional Receiver") for such transmissions chargeable to VBC in accordance with Section 4.1 hereof. If Press Association desires to transmit more than 10,000 words per day of non-Advisory Material, it must install an Additional Receiver for such transmissions at no cost to VBC, unless the parties agree that VBC shall also transmit non-Advisory Material to such additional receiver, in which case such receiver shall be deemed to be an Additional Receiver chargeable to VBC in accordance with Section 4.1 hereof. VBC shall not be charged for any Receiver unless the installation thereof is expressly agreed to by VBC. Notwithstanding the foregoing, the parties may at any time mutually agree to add Additional Receivers to the Network. (g) The form of logo and label to be used by VBC on the Receivers (printers only) shall be substantially in the form of Exhibit B annexed hereto. Press Association agrees that upon installation each Receiver shall have affixed to it such form of logo and label. (h) Press Association shall retain title to all Equipment provided by Press Association under this Agreement. (i) VBC hereby agrees to provide all non-News Organizations with access to the Network at a rate determined by VBC in its sole discretion. (j) The parties may mutually agree in writing from time to time that certain Receive Points on the Network for which AP has installed a Receiver will not be deemed to be included in the 600 Receive Points that are used for purposes of calculating the guaranteed minimum monthly payments made pursuant to Section 4.1(a) hereof.