2017 NHL STANLEY CUP PLAYOFFS INTENTION FORM
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1 2017 NHL STANLEY CUP PLAYOFFS INTENTION FORM Please check the boxes below to request coverage for each game. Please note games and times are subject to change. NHL Stanley Cup Playoffs (First and Second Round) Airtime (ET) YES NO 1 Saturday April 15 Playoff Game 1: Washington 6:45 PM 2 Saturday April 22 Playoff Game 2: New York Rangers 3 Saturday April 29 Playoff Game 3: Matchup TBD 3:00 PM 4 Saturday May 6 Playoff Game 4: Matchup TBD* 4-A Thursday May 4 Playoff Game 4 (ALTERNATE GAME)* 5 Thursday May 11 Playoff Game 5 (POSSIBLE EXTRA GAME)** *Based on the playoff scenario, we may swap the scheduled broadcast on Saturday, May 6th with a game on Thursday, May 4th. We will announce if this will happen at a later date. **We will possibly offer a Game 7 to a playoff series on this day. This will be confirmed at a later date. Eastern and Western Conference Finals (Tentative Schedule) Airtime (ET) YES NO 1 Saturday May 13 Eastern Conference Finals Game 1 2 Sunday May 14 Western Conference Finals Game 1 3 Monday May 15 Eastern Conference Finals Game 2 4 Tuesday May 16 Western Conference Finals Game 2 5 Wednesday May 17 Eastern Conference Finals Game 3 6 Thursday May 18 Western Conference Finals Game 3 7 Friday May 19 Eastern Conference Finals Game 4 8 Saturday May 20 Western Conference Finals Game 4 9 Sunday May 21 Eastern Conference Finals Game 5* 10 Monday May 22 Western Conference Finals Game 5* 11 Tuesday May 23 Eastern Conference Finals Game 6* 12 Wednesday May 24 Western Conference Finals Game 6* No game currently scheduled Thursday May 25th 13 Friday May 26 Eastern Conference Finals Game 7* 14 Saturday May 27 Western Conference Finals Game 7* *If necessary Note: Dates are subject to change based on arena availability and the outcomes of the earlier playoff series. Stanley Cup Final (Expected Dates) Airtime (ET) YES NO 1 Monday May 29 Stanley Cup Final Game 1 2 Wednesday May 31 Stanley Cup Final Game 2 3 Saturday June 3 Stanley Cup Final Game 3 4 Monday June 5 Stanley Cup Final Game 4 5 Thursday June 8 Stanley Cup Final Game 5* 6 Sunday June 11 Stanley Cup Final Game 6* 7 Wednesday June 14 Stanley Cup Final Game 7* 1-A Saturday May 27 Stanley Cup Game 1 (Alternate Date)** *If necessary **Indicates Game #1 will air this date if the NHL moves up the start of the series. All other games will slide into previous game's original time slot if this occurs. STATION HAS NO RIGHT TO SIMULCAST, STREAM OR OTHERWISE MAKE WESTWOOD ONE COVERAGE OF THE NHL AVAILABLE VIA THE INTERNET. BLACKOUT RESTRICTIONS APPLY TO THE HOME MARKETS OF THE TWO (2) PARTICIPATING TEAMS Stations are responsible for filling out complete and accurate affidavits for the programs listed above HOCKEY PLAYOFF FANTASY GAMES AND MORE FOR YOUR STATION S WEBSITE! With Westwood One Fantasy Free, our package of customized Fantasy and Pick em games for station websites, you can deliver a new niche for your advertisers and a larger digital footprint for your station's website. We offer a variety of games, free for your listeners to play, ranging from sports to entertainment. Our service integrates these games into your website with local branding and a seamless turnkey process. CHECK HERE FOR MORE INFORMATION ON WESTWOOD ONE FANTASY FREE Please submit via sportsteam@westwoodone.com or fax: Call Letters / Freq. FM Translator / Freq. City/State Phone Station Signature Program Director PD Traffic Director TD WWO Signature
2 2017 NHL AFFILIATION AGREEMENT This 2017 NHL Affiliation Agreement (this Agreement ), dated as of, 201 is by and between Westwood One, Inc. ( WWO ) and ( Broadcaster ) the owner and/or operator of radio station ( Station ). WWO and Broadcaster may be referred to herein each individually as a Party and collectively as the Parties. In consideration of the mutual covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, with the intent to be legally bound, the Parties hereby agree as follows: I. LICENSE A. Subject to the terms and conditions of this Agreement, during the Term (defined below) and solely in the United States, WWO hereby grants to Broadcaster, and Broadcaster hereby accepts, a non-exclusive, nonassignable, non-transferable, limited license to broadcast, solely via over-the-air terrestrial radio or AM/FM frequency radio broadcast on Station (including 100% of Station s simulcast on its HD channels), programming related to the National Hockey League ( NHL ) games set forth on attached Schedule A (the Programs ) solely live and in their entirety unless otherwise expressly set forth on Station s intention form (the License ). B. Broadcaster may not grant sublicenses of any kind under the License without the prior written consent of WWO. Broadcaster has no other rights with respect to the Programs or any information or content incorporated therein. Without limiting the foregoing, without written authorization from WWO, Broadcaster will not authorize, cause, permit or enable anything to be done whereby any Program or segment thereof, or commercials included therein ( Network Commercials ), may be recorded, duplicated, sold, transferred, rebroadcast, reproduced or otherwise transmitted or used for any purpose other than broadcasting by Station as specifically provided in this Agreement. Unauthorized use or transmission, including but not limited to transmission through the Internet, will be deemed a material breach of this Agreement and an infringement on WWO s rights in and to the Programs. C. Broadcaster shall not use any trademark, logo or service mark of the National Hockey League ( NHL ) or its members clubs ( Clubs ) or any other rights holder of NHL games ( Third Party Marks ) without the express written consent of WWO (who may need to obtain the consent of such third parties). No right to use any Third Party Mark is licensed hereunder. II. BROADCASTING A. Broadcaster shall broadcast the Programs on Station live, in their committed entirety, without deletions or alterations, including Network Commercials, and precisely as furnished and instructed by WWO. Broadcaster shall furnish to WWO, via the Internet and/or in accordance with any substitute system provided by WWO, complete, accurate, and fully-executed affidavits, on forms provided by WWO, affirming that all Programs and Network Commercials included therein were broadcast in full in accordance with the terms hereof ( Affidavits )
3 B. Broadcaster is solely responsible for payment of any public performance music license fees or royalties and will maintain for Station such licenses, including, but not limited to, ASCAP, BMI or SESAC and/or SoundExchange licenses, as are necessary for the broadcast of Programs and Network Commercials. C. Broadcaster will not accept any advertisements in connection with Programs that: (i) contain material that is defamatory, obscene, profane, vulgar or otherwise offensive to the general public; (ii) include Third Party Marks; or (iii) expressly or impliedly indicate a sponsorship, official sponsorship, or endorsement of a Game. Title sponsorship on any Program shall not be permitted, including without limitation any title sponsorship that relates to a Game or that implies a marketing relationship therewith. D. In connection with the Programs, Broadcaster agrees to adhere to standards, procedures, practices and advertising guidelines applicable to a Game, as well as to the terms of any agreements by and between the rights holder of a Game and WWO, pursuant to which WWO provides the License granted hereunder, as may be communicated by WWO to Broadcaster from time-to-time during the Term. III. TERM AND TERMINATION A. The Term(s) of this Agreement will commence on 1/2/17 and will continue until the date the last game of the Stanley Cup is played (the Term ), or as may otherwise be agreed to by the Parties in writing. B. Either Party may terminate this Agreement by giving the other Party written notice of termination if the breaching Party violates or breaches any provision of this Agreement. Termination of this Agreement by either Party by reason of any violation by the other of the terms hereof is without prejudice to any and all other rights and remedies, legal and equitable, to which such non-breaching Party may be entitled. IV. PROGRAM OWNERSHIP Subject to the terms of this Agreement, Broadcaster acknowledges that all rights and interest in and to the Programs, including without limitation intellectual property rights, as between Broadcaster and WWO, are and shall remain the exclusive property of WWO or the party licensing the Programs to WWO. V. MISCELLANEOUS A. All notices, consents and approvals hereunder will be in writing and will be deemed to have been given and received (a) when delivered personally (against receipt) or by courier or (b) when sent by confirmed facsimile transmission or . Notices to WWO should be sent to Westwood One, Inc., 220 W. 42 nd Street, New York, NY 10036, Attn: General Counsel or Fax: (212) and notices to Broadcaster to such party at such address and/or fax indicated on the attached signature page. B. This Agreement shall be governed and construed in accordance with the substantive laws of the State of New York, without regard to conflict of laws rules thereof. The Parties agree that any dispute, controversy or claim arising out of this Agreement shall be finally settled by confidential and binding arbitration in New York, New York in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (JAMS) and judgment upon the award may be entered in any court having jurisdiction thereof. C. During the Term of this Agreement, WWO shall have the right to use the name of Broadcaster and Station s call letters in connection with promotion of the WWO and Station s and Broadcaster s association with it. D. The individual executing this Agreement hereby warrants and represents that he/she is legally authorized to execute agreements on behalf of Broadcaster and Station and does so intending to be legally bound
4 E. Notwithstanding anything contained herein to the contrary, this Agreement does not create a partnership, joint venture or relationship of trust or agency among the Parties. This Agreement contains the entire agreement among the Parties with respect to the subject matter hereof and supersedes all prior written agreements, negotiations and term sheets made prior to the date hereof and all prior and contemporaneous oral understandings, if any, with respect to the subject matter hereof. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions hereof. If any of the covenants or agreements in this Agreement are determined to be unenforceable by reason of extent, scope, duration or otherwise, then the Parties contemplate and it is their intention that the court making such determination shall reduce such extent, scope, duration or other provision and enforce them in their reduced form to the maximum extent enforceable under applicable law. This Agreement may not be amended, supplemented or discharged except by an instrument in writing signed by each of the Parties. No delay or failure on the part of any Party in the exercise of any right granted under this Agreement or available at law or equity shall be construed as a waiver of such right. All waivers must be in writing. Broadcaster may not assign any or all of its rights or delegate any or all of its duties or obligations under this Agreement without the express written consent of WWO, which shall not be unreasonably withheld. All remedies in this Agreement are cumulative, in addition to and not in lieu of any other remedies available to a Party at law or in equity, subject only to the express limitations on liabilities and remedies set forth herein. This Agreement may be executed in counterparts, including via facsimile and electronic copy, each of which shall be deemed an original and all of which together shall constitute one instrument. F. The attached Schedules and Exhibits are incorporated herein by reference and made part of the terms and conditions of this Agreement. The Programs and the material contained within the Programs, including without limitation the anticipated hosts of the Programs, are subject to changes, additions and deletions at the discretion of WWO and any such modification instituted by WWO shall not affect the binding nature of this Agreement. In addition, Broadcaster s rights hereunder and use and broadcast of the Programs shall be subject to any additional or changed rules, regulations or requirements instituted by the Game or the rights holder thereof and applicable to the Programs, the broadcast thereof, any advertising incorporated therein, or any related subject matter
5 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the date first set forth above. BROADCASTER: WESTWOOD ONE, INC. Name: Title: Name: Title: Notices: Address: Fax:
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