270 Legal [Sample Agreements]

TIME BROKERAGE AGREEMENT

THIS TIME BROKERAGE AGREEMENT is made this 28th of April, 1994, by and between Atlantic Media Group, Inc., a South Carolina corporation (“Atlantic”), and Vision Communications, Inc., a Delaware corporation (“Broker”).

WHEREAS, Atlantic is authorized to construct and operate a new television broadcast station on Channel 21 at Florence, South Carolina, with the call sign WFIL (the “Station”), pursuant to authorization issued by the Federal Communications Commission (“FCC”); and

WHEREAS, Broker has entered into an agreement to purchase the assets of broadcast station WPDE-TV, Florence, South Carolina; and

WHEREAS, the parties hereto have carefully considered the Communications Act of 1934, as amended (the “Communications Act”) and the FCC’s time brokerage policies adopted pursuant thereto, and intend that this Agreement in all respects comply with such Communications Act and policies; and

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5. Responsibilities.

A. Broker’s Responsibilities.

i. Broker shall employ and be responsible for paying the salaries, commissions, payroll taxes, insurance and all other related costs for all personnel (other than Atlantic’s employees) involved in the acquisition, compilation, production, broadcast and sale of the Station’s programming and commercial messages, including but not limited to administrative, internal and external sales, traffic, billing, collections, promotion, production, outside talent and master control personnel (but excluding such expenses as incurred by Atlantic for Station programming originated by Atlantic).

ii. Broker also shall be responsible for paying all promotional expenses in connection with the Station’s programming (but excluding such expenses as incurred by Atlantic for Station programming originated by Atlantic).

iii. Broker’s personnel shall operate and maintain Atlantic’s studio, production and master control facilities, including maintaining the Station’s program and operations logs, under the supervision of the Station’s General Manager and Chief Operator.

iv. Broker shall be responsible for its own telephone systems and local and long-distance telephone service and fax costs.
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