1. Payment and Billing (a) Station will bill Advertiser unless otherwise provided on the face of this contract, at monthly intervals, and Advertiser agrees to pay each bill in full at the office of Station or of its authorized representative within 14 days after the rendering of each bill. (b) If this contract is with a recognized advertising agency, then the agency shall be solely liable for payment as the principal contractor for the advertising. In the case of delinquency of payment by the agency, Advertiser shall be liable, but only as to bills not paid to the agency, and as to bills paid to the agency after Advertiser knew the agency’s credit was impaired, or after Station has notified Advertiser that the agency is delinquent in payment. (c) For contracts paid with credit card, Advertiser authorizes Station to bill the credit card provided for the amount identified in the invoice each month without requiring a new authorization for each charge.
2. Termination (a) This agreement may be cancelled by Advertiser upon written notice received by the Station not less than 14 days in advance of the cancellation date. (b) For violation of any conditions herein, or for failure of Advertiser to pay any sum when due, Station may terminate any and all rights of Advertiser hereunder, and may, without liability, refuse to permit Advertiser to make use of Station in the future, but such termination shall not in any way release advertiser from its obligations to pay in full the amount due for programs of announcements broadcast pursuant to this contract. Station will inform Advertiser of the reason for any such termination. (c) In the event of termination of contract, the amount due shall be calculated at the earned rate from Station’s rate card for the quantity of announcements or programs broadcast.
3. Inability to Broadcast (a) In the event that for any reason Station is unable or fails to broadcast any or a part of any program or announcement at any stipulated time, Station may make the broadcast at subsequent times, in the same or comparable classes of airtime. If the broadcast is not made at a subsequent time, Advertiser will not be required to pay for the cancelled program or announcement (b) Station shall have the right to substitute for any program or announcement to be broadcast hereunder, any matter which in its sole discretion is deemed to be of greater local or national importance. In any such case, Station will notify Advertiser in advance of within a reasonable time after the substitution, and the provisions of Paragraph 3(a) shall apply.
4. Program Information (a) This agreement is subject to the terms of licenses held by Station, and to all federal, state and municipal laws now in force or hereafter enacted, including the rules, regulations, orders, decision and policies of the Federal Communications Commission (FCC) (b) All programs or announcements to be broadcast are subject to the prior approval of Station, and Station without restriction or liability, reserves the right to refuse to broadcast any programs or announcements which Station in its sole discretion determines to be unsatisfactory, unsuitable or contrary to the public interest. (c) This agreement does not obligate Station to broadcast the programs or accouchements provided herein or any sound recordings or material, which are deemed by Station, in its sole discretion, to be not consistent with established policies and practices of Station (d) This agreement is not exclusive as to the business, products, or services of Advertiser and Station remains free to solicit and to broadcast programs or announcements of other advertisers whether or not they are in competition with the business, products or services of Advertiser (e) Such information, materials or talent are to be provided by Advertiser for the purposes of the programs or announcements provided for herein are to be furnished to Station, not less than 72 hours in advance of broadcast times. Should Advertiser fail to meet this requirement or otherwise fail to make use of the time contracted for herein, Station reserves the right to substitute another program or announcement at the expense of Advertiser if Station is not otherwise compensated, and Advertiser will remain liable for the full amount of the sum contracted for herein (f) Unless agreed to in writing by the parties otherwise, Advertiser agrees to allow Station to use and include all programs and announcements covered by this Contract on its online streaming platforms and with any podcast or related programming distributed online (g) Station makes no guarantee of any level of traffic at any given time. Station shall not be held liable for any claims as they relate to published or unpublished usage statistics and Station is not required to provide Advertiser with usage statistics.
5. Broadcast Liabilities (a) Advertiser will hold and save Station harmless against any and all liability for any violation of law or regulation, or for any injury to or violation of the rights of any person resulting from broadcasting of any material furnished by Advertiser, or the use of any talent provided by Advertiser for the purposes of the programs and announcements provided herein. (b) Station will hold and save Advertiser harmless against any and all similar liability for the broadcasting of any material of the use of any talent which was not provided by Advertiser (c) The provisions of paragraph 5 (a) and (b) shall survive any cancellation or termination of this agreement.
6. General (a) This agreement and the rights and obligations hereunder may not be assigned or transferred by either party without prior written consent of the other (b) Failure of Station to enforce any provision of this agreement in any one instance shall not be construed as a general relinquishment or waiver on its part of any of its rights under this agreement. (c) This Agreement shall be governed by and construed and enforced with the laws of the State of Maryland. Any action, suit, or proceeding arising out of, connected with, or pertaining to this Agreement shall by submitted exclusively to the District Court of Maryland for Anne Arundel County or, for disputes in amount over the jurisdictional limit of the District Court of Maryland, the Circuit Court for Anne Arundel County, Maryland.