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Statement of Compliance:

 

The Producer or Program Sponsor has read and is thoroughly familiar with the Operating Rules and Procedures for use of Public Media Network services, equipment, and facilities, all of which are incorporated herein and made a part hereof. The Producer or Program Sponsor agrees to abide by and be bound by these Operating Rules and Procedures, and to pay any amounts owed to PMN for violations of these Operating Rules and Procedures.

The Producer or Program Sponsor is thoroughly familiar with the content of the program material to be telecast and represents and warrants to PMN that all program material provided by the Producer or Program Sponsor shall be consistent with PMN’s Operating Rules and Procedures and meet all legal, technical, and non-commercial standards including, but not limited to:

  1. Neither a lottery nor lottery information will be telecast.

  2. No advertising material designed to promote the sale of commercial products or services will be telecast.

  3. No solicitation of donations.

  4. All appropriate arrangements, licenses, approvals, releases and copyright clearances have been obtained from broadcast stations, networks, sponsors, music licensing organizations, performers’ representatives and without limitation by the above any and all persons (natural or otherwise) as may be necessary for authorization to telecast the program materials.

  5. The program material does not contain obscene material, as determined in a court of competent jurisdiction.

  6. The program material does not contain slanderous or libelous material.

  7. The Producer or Program Sponsor understands that violation of any of the above may result in the imposition of civil (and in some cases criminal) liability.

Indemnification:

The Producer or Program Sponsor agrees to defend, indemnify, and hold harmless the City of Kalamazoo, the City of Galesburg, the City of Parchment, the Township of Kalamazoo, the Township of Comstock, the Township of Oshtemo, their staff and elected representatives, the Board of Directors and Staff of Public Media Network, Charter Communications, AT&T, their officials, officers, employees, and agents from and against any and all claims, demands, causes of action, liabilities, judgments, costs and expenses (including attorney fees) arising out of their use of, or in connection with:

  1. Use of PMN services, equipment, or facilities;

  2. Production and/or transmission of programming;

  3. Any violation of PMN’s Statement of Compliance (as set forth above) or the PMN Operating Rules and Procedures; and

  4. Any injury or damage arising out of the use of PMN services, equipment and facilities.

Waiver of Liability:

In consideration of the services and resources provided by Public Media Network, and the fact that the Producer or Program Sponsor shall not realize any personal economic gain there from, the Producer or Program Sponsor permanently waives and releases PMN and its officers, Directors and employees (“Released Parties”) from any and all claims, demands, causes of action, losses, and rights of recourse which the Producer or Program Sponsor now has or may have in the future against any of the Released Parties that relate to or arise from:

  1. Any violation of PMN Operating Rules and Procedures;

  2. Use of PMN equipment and/or facilities by the Producer or Program Sponsor;

  3. Any injury suffered by the Producer or Program Sponsor or loss or damage to any property of the Producer or Program Sponsor; and

  4. PMN’s operations.

By submitting programming, the applicant provides Public Media Network with the non-exclusive right to distribute the program on cable, internet, and on-demand platforms.

Public Media Network has the authority to make and charge for copies of the program in response to public requests or for promotional or other purposes.