(a) STATION will bill AGENCY monthly, using the Final Sunday Fiscal Month, unless otherwise provided on the face of this contract.  

(b) Payment by AGENCY is due within 15 days after receipt of invoice and affidavit of performance by AGENCY.  

(c) Invoices shall contain dates and times of broadcasts, length of commercical announcements, costs and if commercial code identifying each commercial announcement was supplied by AGENCY, such code for each commercial announcement.  

(d) Invoices shall state that dates and times were taken from the official log, maintained by STATION, as required by FCC regulations. This statement when sworn to by STATION shall be the affidavit of performance and act as proof-of-performance.  

(e) STATION agrees to hold AGENCY solely liable for payments to be made under this contract, except that where AGENCY is not an advertising agency, the person, firm or corporation which authorizes AGENCY to contract for radio time hereunder shall be liable in the event of default by AGENCY.  

2. TERMINATION

(a) Commercial announcements or programs of less than 5 minutes duration may be cancelled by STATION or AGENCY upon 14 days prior notice, but no such cancellation shall be effective until 14 days after initial start of broadcasting hereunder unless otherwise stated on the face of confirmation.  

(b) Programs of 5 minutes duration may be cancelled by STATION or AGENCY upon 28 days prior notice, but no such cancellation shall be effective until 28 days after initial start of broadcasting hereunder unless otherwise stated on face of confirmation.  

(c) If AGENCY cancels contract, earned rates will apply. If STATION cancels contract, AGENCY shall have the benefit of the same discounts which it would have earned had it been allowed to complete to contract.  

3. RENEWAL

(a) Commercial announcements or programs of less than 5 minutes duration may be renewed upon 14 days notice prior to expiration.  

(b) Programs of 5 minutes or more duration may be renewed upon  
28 days notice prior to expiration.  

4. EFFECT OF BREACH

(a) STATION reserves the right to cancel this contract upon default by AGENCY in the payment of bills or other material breach of the terms hereof at any time upon prior notice. Upon such cancellation, all charges for broadcasts completed hereunder and not paid shall become immediately due and payable. If STATION cancels by reason of AGENCY's material breach, AGENCY's only liability shall be to pay for broadcasts completed hereunder prior to cancellation by STATION.  

(b) In the event of a material breach by station in performing this contract, AGENCY reserves the right to cancel this contract at any time upon prior notice.  

5. FAILURE TO BROADCAST

(a) If due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause, including mechanical or electronic breakdowns, beyond STATION's control, there is an interruption or omission of any commercial announcement or program contracted to be broadcast hereunder, STATION may suggest a substitute time period for the broadcast of the interrupted or omitted commercial announcement or program. If no such substitute time period is acceptable to AGENCY, STATION shall allow AGENCY (1)  
with respect to a program, a pro rata reduction in the time and/or program charges hereunder in the amount of money assigned to the time and/or program charges at time of purchase and (2) with respect to a commercial assigned to the commercial announcement at time of purchase, AGENCY shall have the benefit of the same discounts which would have been earned if there had been no interruption or omission in the broadcast.  

6. SUBSTITUTION OF PROGRAMS OF PUBLIC SIGNIFICANCE

(a) STATION shall have the right to cancel any broadcast or portion thereof covered by this contract in order to broadcast any program which, in its absolute discretion, it deems to be of public significance. In any such case, STATION will notify AGENCY in advance if reasonably possible, but where such notice cannot reasonably be given, STATION will notify AGENCY within one business day after such scheduled broadcast has been cancelled.  

(b) If AGENCY and STATION cannot agree upon a satisfactory substitute day and time, the broadcast time so preempted shall be deemed cancelled without affecting the rates, discounts, or rights porvided under this contract, except that AGENCY shall not have to pay the cancelled STATION charges. However, in such case, if the program substituted by STATION is a sponsored program, STATION shall pay to AGENCY AGENCY's actual noncancellable live talent cost incurred by AGENCY for the production of a live program (not taped nor recorded) in the cancelled time, and the reasonable allocated rental cost of tapes or recordings scheduled for the cancelled broadcast and not usable for future scheduling.  

(a) STATION represents that the rate for time and facilities, named in this contract, is the lowest rate made by STATION for like broadcasts at the time this contract is entered into. If at any time during the life of this contract STATION makes a lower rate for like broadcasts this contract shall be continued at such lower rate from the effective date of such lower rate.  

(b) STATION reserves the right to increase rates, but no such increases shall be applied to broadcasts under this contract, or renewal thereof, until three months after notification in writing to AGENCY, including specific rate revisions affecting this contract.  

(c) Broadcasts of a parent and/or its subsidiary company(ies) within  
52 weeks from the date of first broadcast under this contract of from the start of a predetermined contract year, may be combined for discounts.  

(d) Terms of combinability of commercial announcements of various lengths, or in various locations, or combinability of programs with commercial announcements, are subject to STATIONS's published rate card.  

8. PROGRAM AND COMMERCIAL MATERIAL

(a) Unless otherwise noted on the face of this contract, all program material, excluding commercial announcements, shall be furnished by STATION, and all commercial announcement material shall be furnished by AGENCY. All expenses connected with the delivery of commercial announcements to STATION, and with return therefrom, if return is directed, shall be paid by AGENCY.  

(b) STATION is required to advise AGENCY by teletype or collect telegram if AGENCY furnished program or commercial material and Scheduling instructions do not arrive 72 hours in advance of broadcast date. If such material and instructions do not arrive at the STATION within 48 hours after STATION has notified the AGENCY, STATION may bill AGENCY for the time reserved.  
STATION will exert all reasonable effort to broadcast material received from AGENCY despite late receipt.  

(c) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY's control, AGENCY cannot provide commercial and/or program material prior to scheduled broadcast hereunder, AGENCY shall not be liable to STATION. In such event, STATION shall suggest a substitute day and time period for broadcast of said commercial and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY for the time and/or program charges hereunder in the amount of money assigned to the time period and/or program at time of purchase AGENCY shall have the benefit of the same discounts which would have been earned if the commercial announcement and/or program had been broadcast.  

(d) Broadcast program and commercial material provided by AGENCY is subject to approval and STATION may exercise a continuing right to reject such material, including a right to reject for unsatisfactory technical quality. In the event the program material is unsatisfactory, STATION shall notify AGENCY by teletype or collect telegram, and, unless AGENCY furnished satisfactory material by  
72 hours in advance of broadcast, STATION shall have the right to substitute its own program at no penalty to AGENCY. In the event the commercial material is unsatisfactory, STATION shall notify AGENCY by teletype or collect telegram, and unless AGENCY furnishes satisfactory material 24 hours prior to broadcast time, this contract may be terminated by either party without penalty to either party.  

9. BROADCAST LIABILITIES

STATION agrees to hold and save AGENCY and Advertiser harmless against all liability resulting from the broadcast of (1) program material except program material furnished by AGENCY and (2)  
musical compositions licensed for broadcasting by a music licensing organization of which STATION is a licensee.  
AGENCY agrees to hold and save STATION harmless against all liability resulting from the broadcast of commercial material or program material furnished by AGENCY except musical compositions licensed as stated above.  

10. GENERAL

(a) STATION shall exercise normal precautions in handling of property and mail, but assumes no liability for loss of or damage to program or commercial material and other property furnished by AGENCY in connection with broadcasts hereunder.  
STATION will not accept or process mail, correspondence, or telephone calls in connection with broadcasts except after prior approval.  

(b) This contract, including the rights under it, may not be assigned or transferred without first obtaining the consent of STATION in writing; nor may STATION be required to broadcast hereunder for the benefit of any Advertiser other than the one named on the face of this contract. Failure of STATION or AGENCY to enforce any of the provisions herein shall not be construed as a general relinquishment or waiver as to that or any other provision.  

(c) STATION's obligations hereunder are subject to the terms and conditions of licenses held by it and to applicable federal, state and local laws and regulations.  

(d) This contract contains the entire agreement between the parties relating to the subject matter herein contained, and no change or modification of any of its terms and provisions shall be effective unless made in writing and signed by both parties.  

COPYRIGHT NOTICE

Any changes in the copyright Conditions must be clearly and conspicuously noted on the face of the form.  

Copyright September, 1971 American Association of Advertising Agencies, Inc.