Digital Capacity definition
Examples of Digital Capacity in a sentence
On the date of execution of this Agreement, each Licensee of a Station listed on Exhibit B hereto shall enter into an Agreement for Overnight Programming, Use of Digital Capacity and Public Interest Programming in the form of Exhibit D attached hereto (the “Station Agreement”) with respect to such Station.
Should the Company require such Pre-emptible Digital Capacity for another customer then the Company will provide the Customer with fifteen (15) Working Days prior written notice of such requirement (the “Notice Period”).
The Customer further acknowledges that the Company’s use of the Digital Capacity thereunder is subject at all times to the continuing approval of both the Satellite Provider and the Government of Luxembourg.
On the date of execution of this Agreement, each Licensee of a Station listed on Exhibit B hereto shall enter into an Agreement for Overnight Programming, Use of Digital Capacity and Public Interest Programming in the form of Exhibit D attached hereto (the "Station Agreement") with respect to such Station.
The Customer further acknowledges that the Company’s use of the Digital Capacity thereunder is subject at all times to the continuing approval of both the Satellite Provider and the Government of France.
The Customer therefore agrees that if any such approval is revoked or withheld by the Satellite Provider or the Government of France for any reason so that the Company can no longer access and use the Digital Capacity to provide the Service to the Customer, then this Agreement shall terminate automatically and the Company and the Customer shall be discharged from all further obligations to each other with effect from the date of such termination.
For the avoidance of doubt such change shall be considered to be materially adverse if the new Satellite or Transponder on which the Digital Capacity is made available operates with a Equivalent Isotropic Radiated Power (“EIRP”) which is more than 2 dBW lower than the EIRP of the Digital Capacity for more than three (3) locations as indicated in Schedule 6 Part C.
During this Notice Period the Customer may elect in writing to continue to use such Pre-emptible Digital Capacity and in that event from the end of the Notice Period the Service Charge shall increase in accordance with Schedule Two from the day immediately following the expiration of the Notice Period.
The Customer therefore agrees that if any such approval is revoked or withheld by the Satellite Provider or the Government of Luxembourg for any reason so that the Company can no longer access and use the Digital Capacity to provide the Service to the Customer, then this Agreement shall terminate automatically and the Company and the Customer shall be discharged from all further obligations to each other with effect from the date of such termination.
If the Customer fails to elect in writing within the Notice Period to continue to use the Pre-emptible Digital Capacity the Company will cease to supply such after the expiration of the Notice Period.