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Home My WebLink About2006-014 NCTC Agrmt - E! Entertainment Television {] . NATIONAL CABLE TELEVISION COOPERATIVE, INC. This Renewal Sign-Up Form Shall Be Deemed To Include All of Each Member's Systems Cablecasting the Service at any Time During the Term of the Agreement. The NCTC / E! Network Affiliation Agreement allows for the continued carriage of E! on all the systems that are presently carrying the service. To extend your contract and maintain carriage of E! review the "Renewal Sign-Up Form" below, fill out the necessary information at the bottom and MAIL or FAX this DaQe to the CO-OD at (866) 628-2774. RENEWAL SIGN-UP FORM The undersigned member ("Member") of National Cable Television Cooperative, Inc. ("NCTC'") hereby elects as of the date shown below to be included under the Affiliation Agreement by and between NCTC, E! Entertainment Television, Inc. ("Network") dated as of June 14, 1994, and as amended March 1, 1998 and December 2, 2005 (the "Agreement") and agrees to comply with all of the terms and conditions contained in the Agreement and the amendments, a copy of which Member acknowledges has been provided to Member. Member agrees to make payments to Network through the NCTC under the Agreement, and Member agrees that these obligations may be enforced directly against Member, without first making demand on NCTC. Member represents to Network that it is (i) authorized to own, operate and maintain their systems and that those Systems are authorized to offer the Services throughout the communities and or properties designated on this renewal agreement during the entire term of the Agreement. (ii) Member has the corporate power and authority to enter into this agreement and to perform fully its obligations hereunder; (iii) the Agreement and this Renewal Sign-Up Form are valid, binding and enforceable agreements of Member; (iv) Member is not under any contractual obligation or other legal obligation which in any way interferes with its full, prompt and complete performance with the Agreement; and (v) each system is a Cable Television System as defined at 47 C.F.R. 76.5(a) (1996), as amended. Member guarantees the accuracy of all representations made in the Agreement relating to Member or any of the systems, and agrees to indemnify and hold Network harmless from any liabilities, claims, costs, damages and expenses arising out of the breach of that warranty. Member also represents that as of the date of this Renewal Sign-Up Form it is current in all payments owed directly to Network. The Agreement and the above provisions contain the full understanding of the parties with respect to the subject matter hereof and supersede all previous agreements between Network and Member or between Network and NCTC relating to Member. The Agreement and the above provisions shall survive and shall not be affected by the bankruptcy, insolvency, or sale of Member subject to the provisions or the Agreement. Full Legal Member Company Name: Lily ofA.shland ,.Or.e:rn. bj and H,mLl~h "IS )Wl.l.hcl FIber 'Ne..-b~rL Name: ~ ~ Title: /ltJ~/1J SVCS! hH Ol/l.lt01J"l'2..- - Signature: L 6 e I LuJ1f.d~G- Phone Number: S q / - 5 S' Z. - ;z.,oiJ 3 T oday's Date 2./2 'I /Z~l'----- / E-Mail TIA.V\e.ber-I@ASkl6.M..l.ot..lA( Fa{fLlI}552-;)()'59 NCTC ID a:r /00 NCTC, 11200 Corporate Avenue, Lenexa, KS 66219 Phone: (913) 599-5900 Fax: (866) 628-2774 Copies of the master agreement are available 011 the NCTC web page www.cabletvcoop.org ~ c ~ ~ ::::) (I) I- Z o u . Iii 1] . Rates (F!enetration based on E! subs to total system subs) 2005 2006 *2007 *2008 *2009 *2010 80%-100% $.160 $0.176 $0.188 $0.196 $0.212 $0.224 70%-79.9% $.168 $0.186 $0.198 60%-69.9% $.176 $0.196 $0.208 50%-59.9% $.184 $0.206 $0.218 40%-49.9% $.216 $0.246 $0.258 30%-39.9% $.320 $0.376 $0.388 20%-29.9% $.480 $0.576 $0.588 10%-19.9% $.640 $0.776 $0.788 0%-9.9% $.704 $0.856 $0.868 *Carriage of E! at a level below 80% penetration will be allowed until the later of June 30, 2007 or 90 days from notification from E!. Those systems below 80% will have the option to reposition service or discontinue carriage of service. Volume Discount The above rates reflect a discount based on member participation in the El Entertainment contract as follows: 500,000 E! subs 2.5% 1,000,000 E! subs 5.0% 1,500,000 E! subs 7.5% 2,000,000 E! subs 10.0% 2,500,000 E! subs 12.5% 3,000,000 E! subs 15.0% 3,500,000 E! subs 17.5% 4,000,000 E! subs 20.0% Current Discount Level Volume discounts listed above are not cumulative Riahts CATV, MMDS and SMATV: Yes Contract Provisions 1) Ad Avails: 2 minutes per hour. 2) Members switching over are bound by the terms, conditions, and obligations of their existing Individual Agreement for the term of that agreement. 3) Bulk Rate: E.B.U. formula, no minimum unit requirement 4) Carriage of E! at a level below 80% penetration will be allowed until the later of (A) June 30, 2007 or (B) 90 days after E! notifies member to reposition the service to an 80% + level. In that case, those systems can either (x) discontinue carriage of the service or (y) reposition to an 80% + level through the remainder of the term. 5) Most Favored Nation Provision: Yes CONFIDENTIAL AND PRIVILEGED INFORMATION This information is for reference only. Should discrepancies or errors exist. the terms of the master agreement will prevail. National Cable Television Cooperative. Inc.. 11200 Corporate Avenue. Lenexa. KS 66219-1392 Phone (913) 599-5900 FAX (866) 628-2774 (toll free) or (913) 599-5903 Reference: 12/1 alas E! . Descri/Jtion E! is the place to see your favorite Hollywood celebrities. We bring you the stars and stories you crave, 24 hours a day. E! keeps you up to date on the Hollywood action with live event coverage, original programming and entertainment news. If it's happening in Hollywood, it's happening on E! EX/Jiration Date December 31, 2010. 1) If switching over from an existing agreement that has a later contract expiration date than NCTC, then that expiration date will prevail. 2) New launches that complete an E! Commitment Form must carry the Service 7 years from date of launch. Any NCTC member which elects to become a Participating Member hereunder may not withdraw from this Master Agreement prior to its expiration without the prior written consent of NCTC and, if required by the terms of this Master Agreement, the applicable programmer, PROVIDED that an NCTC member that has divested one or more cable television systems (in a bona fide, arms-length transaction or series of related transactions) may withdraw that system from this Master Agreement with only the prior written consent of the applicable programmer (if such consent is required by the terms of this Master Agreement). Partici/Jation Provisions The NCTC Master Agreement allows members to switch over from an existing Individual Affiliation Agreement to the Master Agreement at any time during the term of the Master Agreement provided the following conditions are met. (i) Members switching over are bound by the terms, conditions, and obligations of their existing Individual Affiliation Agreement for the term of that agreement, (ii) must not be on Account Hold with the NCTC and (iii) member must be current in payment to E! Entertainment and not in breach of any agreement with E! Entertainment. How To Partici/Jate 1) Review the attached Contract Summary Sheet (Page 2). 2) Copy and complete the attached "System Participation Form." 3) Complete "Launch Authorization Form" for new launch only! 4) Mail or fax forms to NCTC at (866) 628-2774. Payment Procedure, Due Date and Penaltv for Default Payments are made monthly to NCTC. Invoices are mailed to participating members approximately the first of each month. Members are required to pay the invoice amount and update subscriber counts as of the last day of the preceding month. Payment and updated subscriber counts should be returned to NCTC by the lSth of the month. Members who pay by pre-authorized draft will be drafted on the 15th and need only return updated subscriber counts. Members who do not pay by the 2Sth of the month will be assessed a late fee of 1.S% which will appear on the next monttl's invoice and are subject to having their account put on hold and 1) will be unable to get into any new programming agreements, 2) will not be able to order hardware from the NCTC, 3) any launch incentives, rebates, credits etc. due member will be held until member becomes current and 4) may be subject to termination. Members who fail to meet their financial obligations to the NCTC may be excluded, at the NCTC's sole discretion, from this and all other master programs offered to members. Programmers may refuse service including de-authorization of video descramblers. Re- entry is at the option of the programmer. Copies of the master agreement and the most current programming summary are available on the NCTC web page www.cabletvcoop.orq. National Cable Television Cooperative, Inc., 11200 Corporate Avenue, Lenexa, KS 66219-1392 Phone (913) 599-5900 FAX (866) 628-2774 (toll free) or (913) 599-5903 ~ C Z Z :) U) W Z .... Z Z ~ w ~ A. -r LI