WATCH: Basketball Coach Calls Student 'Future Welfare Recipient'
|
ROGERS PEST CONTROL / 617-427-0810
|
|
|
Audio Enabled
We Do Wild Animal Control For: Raccoons . Skunks
. OPossums . Birds . and Squirrels we also do repairs.
MR. ROGERS NEIGHBORHOOD RADIO LIVE IN NAVIGATION
BAR 1. OLD SCHOOL R&B -
2. GOSPEL - 3. FOR EVERYBODY MUSIC- 4. NOT FOR EVERYBODY MUSIC
PROMO SPACE AVAILABLE ON ALL RADIO STATIONS AND WEB SITES
CALL / 617-427-0810 SALES HELP NEEDED
VA/FHA Home Inspections LICENSED AND FULLY INSURED Direct# 617-427-0810 /24hrs E-mail; Ken @ kjrogers98@aol.com
MAGIC TOUCH PAT AUTOMOTIVE / 617-586-5167 SPECIALIZING IN FOREIGN AND DOMESTIC AUTO REPAIRS / ROAD SERVICE ALSO AVAILABLE CHECK OUT THE NEW TALENT @ I FLIRT!
See what happens when roach attacks weatherman!!
From CBS News: A daughter of Malcolm X has been sentenced to five years of probation for stealing the identity of an elderly family friend to run up big credit card bills. Prosecutors say Malikah Shabazz (shuh-BAHZ') made $55,000 in illegal purchases. South Sudan Enters the World StageWith the birth of a nation comes the birth of its embassy.Phil Moore/AFP/Getty ImagesWritten by Emily WaxIt's 9 p.m. and Sarah Chan's high heels are clacking at top speed across this Woodley Park hotel lobby. She's rushing hundreds of her South Sudanese brethren into cabs so they won't miss President Salva Kiir, who's speaking at a hotel a mile away.With the birth of a nation comes the birth of its embassy, a powerful emblem of its legitimacy and an assertion of the country's identity on the world stage. South Sudan will soon officially join Washington's 190 embassies, and Chan is one of 14 employees working for the fledging mission, whose first big undertaking is Kiir's mid-December visit here as part of a U.S. government-hosted South Sudan development conference.It was a grand, two-day coming-out party for the world's newest nation, with a speech by Secretary of State Hillary Clinton and meetings with a lineup of elites from Washington's international, political, diplomatic and aid-and-trade communities.Kiir's location wasn't announced until the very last minute, a reminder that not everyone was eager to welcome the new country, whose July 9, 2011, independence redrew the map of the world."Sisters, brothers -- hurry! Our president has arrived! We have to go!" Chan called out.Tonight, Chan commands attention. That's partly because she's the daughter of Sudan People's Liberation Army commander Chan Dak, who was killed while fighting in the region's long struggle for independence.Newly emerged from a brutal 25-year conflict that killed an estimated 2 million people, South Sudan is still building its foreign diplomatic service. While some of the Washington mission's top envoys are trained in diplomacy, others, like Chan, are homespun talent.What they lack in polish, they make up for in pathos.Remembering Etta JamesFrom doo-wop to soul to gospel to blues, her 50-year career was the mature sound track for several generations.
Getty Images Music has lost another icon, the miraculously voiced Etta James, whose sultry soul, going back to the 1950s, provided a mature sound track for several generations.The 73-year-old singer died Friday, Jan. 20, of complications from leukemia, her friend and manager, Lupe de Leon, told CNN. She would have turned 74 on Jan. 25. Her leukemia was declared incurable in early December, according to a report by the Associated Press. Court records in a probate case indicated that she also suffered from dementia and kidney failure.Known for her incomparable ballad skills, James could also sing the heck out of the blues, not to mention gospel. The heyday of her music career was in the late 1950s and early 1960s, although after she was thrust back into the spotlight by the 2008 biopic Cadillac Records, in which her character was played by Beyoncé Knowles, James had begun to receive the recognition that was long overdue. (Her influence spanned the pop-and-rock spectrum. Check out young Christina Aguilera singing "Sunday Kind of Love" in 1988.)While the film, which depicted the rise of Chess Records, didn't put up spectacular numbers at the box office, James' music ("At Last" in particular) certainly found a new audience and was rescued from the lucrative purgatory of overplay in commercials. The disassociation of her mega-hit "At Last" from the many products it's been used to sell couldn't have hurt, either.And yet when Beyoncé sang "At Last" as Barack and Michelle Obama danced at their inaugural ball in 2009, James stepped back into the spotlight for the wrong reason. It was probably a poor choice of song, given its overuse in advertising, coupled with Desiree Rogers' infamous statement about Obama being a "brand."James reacted by saying she couldn't "stand Beyoncé" for singing the song she'd been "singing forever" on "big ol' President Day." This was so unfortunate (not to mention unfair to Beyoncé, who needed James less than James needed her in terms of contemporary music promotion). It prompted James' son, Donto, to tell CNN a year later that his mother had been suffering from "drug-induced dementia" at the time. As the singer's health faded, her offspring and her husband battled over control of her $1 million estate.Etta James was born Jamesetta Hawkins (now, there's a cool stage name: the reverse of a real name) in Los Angeles in 1938 to a 14-year-old single mother, Dorothy Hawkins. James would later claim that her father was the infamous white pool hustler Rudolph Wanderone, first known as "New York Fats" and later known as "Minnesota Fats" after the character Jackie Gleason made famous in The Hustler.There is strong circumstantial evidence, not to mention an oral tradition, to back the unusual claim. James' mother had told her that her father was a white boy, "one of those real slick white boys." The actor Willie Best later confirmed that it was Minnesota Fats. The billiards historian R.A. Dyer, who has written two books about Wanderone, seems to support the idea. Dyer writes, "In photographs both [Wanderone and James] look startlingly alike with their wide faces, their tiny tulip mouths, their small but piercing eyes."I don't know if I'd go so far as to co-sign "startlingly" alike, but the plausibility is there. If true, it's another sad chapter in the long history of mixed-race children in America unacknowledged by their white fathers. But at least young Jamesetta seemed to have inherited some swagger. But without a father, she surely struggled mightily with her teenage mother until she was discovered by the great Johnny Otis.Unfortunately, she became close to Best, who gave her the lowdown about her father but who was also someone she got to know through drug addiction. Heroin plagued her and so many musicians of those years (so memorably captured by Jamie Foxx in Ray).But her addiction also led her to be immortalized in what many critics have called one of the best books of 2010 (and best books of many years), the exceptional memoir Life, by Keith Richards of the Rolling Stones. (James mentions her respect for Richards in her 1995 memoir The Rage to Survive: The Etta James Story.) Richards memorializes her lovingly in his book, and his statement will surely, along with her music, outlast the Beyoncé controversy:Another great singer and a girl after my own heart -- as well as my bride in a rock-and-roll "marriage" -- is Etta James. She'd been making records from the early '50s, when she was a doo-wop singer. She's expanded into every range since then ... Now, Etta had been a junkie. So we found reciprocation almost immediately ... It takes one look in the eye for one to know another. Incredibly strong, Etta, with a voice that could take you to hell or take you to heaven. And we hung in a dressing room, and like all ex-junkies, we talked about the junk. And why did we do this, the usual soul-searching. This culminated in a backstage wedding, which in show business terms is like, you get married but you're not really married. You exchange vows and stuff, on the top of the backstage stairs. And she gave me a ring, I gave her a ring, and actually that's where I decided her name's Etta Richards. She'll know what I mean.Obama Croons to Harlem Supporters' DelightAt the Apollo to raise funds, he treated them to a little Al Green -- and a pitch for four more years.
Heidi Klum And Seal Divorce Over This 'Deal Breaker,' What's Yours?First Posted: 01/23/2012 2:07 pm Heidi Klum is leaving Seal, her husband of seven years, but not for the reason many celebrities split. According to TMZ, individuals close to the couple say infidelity was not to blame, but rather Seal's temper: "Seal's inability to control his anger has become too much for Heidi to take, in no small part because it's affecting their children." The two were raising four kids together: Leni, 7, from Klum's previous relationship, Henry, 6, Johan, 5 and Lou, 2. The couple was known for their public displays of affection, lavish Halloween parties and annual renewal of their marriage vows, so news of the separation was received with shock, the Telegraph reported. If it's true that Seal's temper caused the split, it sounds like anger, for Klum, was a deal breaker that outweighed her spouse's good points. Dr. Bethany Marshall argued in her 2007 book, "Deal Breakers," that recognizing what you can't take is a good thing. "Identifying your deal breaker ... holds out the possibility of helping you to understand where the relationship has gone wrong, what needs to be done in order to make it better, and when to walk away because you're doing more work than him to fix it," she wrote. It's worth noting, however, that a person's deal breakers can change based on her experiences, at least according to dating expert April Beyer. Beyer told CBS News in a 2009 interview: "If you are looking for, at 45, what you were looking for at 25, then you might have a problem." She identified the most common deal breakers for men as a woman who who is extremely independent (interesting, considering that TMZ also suggested Klum's entrepreneurial success might be a factor in the split), inflexible, or who doesn't take care of her appearance (probably not the issue here). Women's most common deal breakers, Beyer said, are a man being too frugal, lacking an overall plan, and cheating or lying.Drake At Sundance: Three Hours Late, Stars Party Hard At PerformanceFirst Posted: 01/22/2012 10:41 am There was a blizzard in Park City, Utah on Saturday night, but Drake kept a celeb-packed party blazing hot -- once he was finally able to show up, anyway.It was an internet-favorite extravaganza at the Bing Bar, Microsoft's branded hangout at the Sundance Film Festival, as the hip hop star headlined a buzzy event that featured the standup comedy of "Parks and Rec" star Aziz Ansari as his opening act. Ansari was the victim of a rowdy crowd whose pitch threatened to drown out his act; according to Twitter witnesses, as the crowd began to boo the normally beloved comedian, "Red Tails" star Cuba Gooding Jr. rushed the stage to admonish the audience.Ansari's response? "I'm not that upset, Cuba Gooding Jr."The crowd was kept waiting for Drake -- Ansari's publicist, Lewis Kay, tweeted, "Drake is to punctuality as Casey Anthony is to good parenting" -- and about three hours later than scheduled, the "Degrassi" alum finally arrived. He had a good excuse, too, telling the crowd, "I almost lost my life 6 times getting here. My flight was delayed 6 hrs. Some of the curviest roads I've ever been on."Immediately, his trademark style was critiqued. GQ senior editor Logan Hill tweeted, "Drake arrived at his dundanve party in middle of a near-blizzard and is NOT WEARING A SWEATER"; Vulture also noted his lack of warm overshirt, but did add that he was wearing a parka.Stars such as "Breaking Bad's" Aaron Paul, Ansari's "Parks and Rec" co-star Aubrey Plaza, "Man on a Ledge" star Anthony Mackie, and "SNL" alums Will Forte and Chris Kattan were on hand to revel in the scene; check out the photos of the event below.State Of The Union Guest List: Michelle Obama Continues A 30-Year Tradition Of Extraordinary AmericansFirst Posted: 01/24/2012 1:23 pm When Sara Ferguson, an elementary school teacher from Pennsylvania, and Alicia B. Davis, a General Motors plant manager from Michigan, join First Lady Michelle Obama in her viewing box during Tuesday's State of the Union Address, they will be taking part in 30 years of presidential history.Every president since Ronald Reagan has looked up during his speech and into the rafters to give a shout-out to special invited guests. These guests have included everyday Americans, war heroes, schoolteachers, celebrities and small business owners."For nearly three decades, extraordinary Americans who exemplify the themes and ideals laid out in the State of the Union Address have been invited to join the First Lady in her viewing box," Kevin Lewis, a White House spokesman told The Huffington Post's Black Voices via e-mail Tuesday morning. Tuesday night, as President Barack Obama uses his speech to lay out his plan for moving America forward and beyond these tough economic times, he will be joined by Ferguson and Davis, as well as Bryan Ritterby, a lab technician from Grand Rapids, Mich., and Debbie Bosanek, the secretary of multi-billionaire Warren Buffet, who famously proposed "The Buffet Rule," which calls for the wealthiest Americans to pay their fair share of taxes. Mark Kelly, the former astronaut and husband of Rep. Gabrielle Giffords (R-Ariz.), is also among the president's invited guests. Ferguson, who teaches literacy and math at Columbus Elementary in Parkside, Pa., is a third generation educator who vowed to continue teaching her students as the school district faced bankruptcy earlier this year when the state made drastic cuts to education. "We are adults; we will make a way," she said, according to Lewis, the White House spokesman. "The students don't have any contingency plan. They need to be educated, so we intend to be on the job."Davis, who was recently appointed plant manager at General Motors Orion Assembly and Pontiac Stamping, rose through the ranks of General Motors and was the company's first African American woman to be appointed a general manager when she headed its Arlington assembly plant.Ferguson and Davis are the latest in a string of African Americans to be honored with a special invitation to the White House during the speech, perhaps more of an honor under the country's first black president. Last year's black guests included Ursula M. Burns, the CEO of Xerox Corporation, tapped by the president to help lead a White House campaign on science, technology, engineering and math; and Brandon Ford of Philadelphia, then a junior at West Philadelphia High School who lead a team of young engineers to the final rounds of a national automotive engineering contest which pitted them against corporations, universities and other well-funded organizations.The tradition of inviting everyday Americans to hear the president address the nation during the State of the Union dates back to 1982 when President Reagan invited Lenny Skutnik, a Congressional Budget Office employee. Skutnik dove into the icy Potomac River to rescue passengers of a downed airplane.Reagan invited Skutnik to sit with First Lady Nancy Reagan during his speech, and heralded him for exemplifying "the spirit of American heroism at its finest."The presidential guests have since been called "Skutniks."In the early 1990s, President George H.W. Bush invited Alma Powell and Brenda Schwarzkoph, whose husbands, Gens. Colin Powell and Norman Schwarzkph, were heading up military operations in Iraq.President Bill Clinton invited baseball great Hank Aaron and now-sullied home run legend Sammy Sosa, as well as Richard Dean, a Social Security Administration employee who searched through the rubble of the Oklahoma City bombing to rescue survivors.Later, President George W. Bush also invited war heroes and their families and people who helped thwart terror attacks against the United States, including a pair of flight attendants who helped foil "shoe-bomber" Richard Reid.Obama has used his invitations to also highlight American heroism, perseverance and ingenuity during these tough economic times. Last year's guests included Daniel Hernandez, Giffords' former congressional intern, who is credited with helping to save her life after a shooting in her district. "The guests of the First Lady each have uniquely American stories to tell, and in many cases their stories highlight not only the challenges we've overcome," Lewis said, "but some of the ways in which we can move forward together as a nation and create an America built to last."
Bill Cosby to Russell Simmons: 'Get the F*ck Out My Face!' Just when you thought Russell Simmons had the last word stemming from his 2009 verbal attack towards Bill Cosby, think again. The Def Jam Records cofounder leveraged his Global Grind platform to inform the masses of his most recent encounter with the renowned comedian, philanthropist and activist during last week's Jackie Robinson Awards gala. During the event, which honored hip-hop mogul Sean 'Diddy' Combs with the Renaissance Man of the Decade award, Simmons attempted to make amends with the Emmy Award-winning comedy icon by apologizing for his criticism. His effort was met with a scathing response. "I wanted to find him to apologize, to tell him I was sorry about my statements and to tell him that I loved him," Simmons explained. "Suddenly, I turned and he was behind the curtain and I said, 'I love you,' and he responded on some real hip-hop, 'Get the f*ck out my face!' " The Philadelphia native has made it quite clear not to confuse him with Cliff Huxtable.  Prior to the two industry giants' recent face-to-face meeting, Simmons wrote an open letter to Cosby in Nov. 2009 condemning and questioning his anti-hip hop campaign in addition to his generation's propensity to correlate violence with today's youth. "It is certainly not that he and the rest of the elders don't care, because they do," he asserted. "In fact, their intentions are pure and good. All the things they say are actually true. What they don't understand is that the young people who they criticize did not create their own realities." he wrote, before adding, "Mr. Cosby, you know that your generation is carrying a lot more dirt, you are all just smart enough to cover it up." Not one to lose his cool, Simmons took a liking to Cosby's off-color remark. In fact, he was even more intrigued by the their interaction following Simmons' onstage presentation to Combs. "His next move was straight-up old-school pre-b-boy hood sh--," Simmons explains. "He walked by me and bumped me with his shoulder as I walked offstage after presenting my award to Sean, just like the cool-ass character in 'Let's Do It Again.' I then loved him even more." "He's from the same hood I'm from, just got a lucky break like me, cause I am [one of] those suffering men. And after that elbow, I knew he was too."  According to the National Enquirer, O.J. Simpson has been having a hard time in prison. The magazine is claiming that some white supremacists have been targeting Simpson for bragging about his sexual conquests with white women: "Inmates cheered as a muscular young skinhead knocked him to the ground, punching and kicking him to a bloody pulp and inflicting injuries so severe he secretly spent nearly three weeks in the infirmary before he recovered." While the Nevada Department of Corrections is denying that any such incident took place, I know enough about corrections departments to know that their words have as much credibility as Sarah Palin at a Mensa convention. The Georgia Department of Corrections (DOC) effectively denied that the largest prison strike in U.S. history ever took place and the DOC in other states run along similar paradigms with very little accountability to anyone. It is not out of the question that the man who has had an "X" on his back for the past 16 years would be targeted by white supremacist prison inmates. The Department of Corrections is believed to be working to keep Simpson's beating a secret, according to the report. Simpson is currently serving a sentence, totaling 33 years, for charges ranging from kidnapping to armed robbery. He is eligible for parole after serving nine years, but it's not clear if he is going to be released early or not. Given that he was sent to prison in 2008, he will be older than the age of 70 before having the opportunity to be a free man again. The O.J. Simpson trials (both 1995 and 2008) were bellwethers of public perceptions on race and justice. The fact that whites and blacks viewed the original O.J. Simpson trial so differently is a ringing indictment of our nation's remaining hurdles on the road to racial equality. Both of Simpson's cases were met with tremendous outrage from members of the public, who never would have cared about the case if O.J. had been accused of murdering a black woman. In fact, they probably wouldn't have cared much more if Nicole Brown Simpson's alleged killer had been white. Simpson, who was born in 1947, turns 64 years old this year. He has changed from the strapping young superstar he was back in the 1970s and 1980s to the tired old man who probably lives in fear of those who are incarcerated alongside him. Simpson spent 15 years after his original murder trial being treated like a guilty man, only to see a broad smirk on the collective face of the American public upon his most recent incarceration. America's anger toward O.J. Simpson has been nothing less than an embarrassment, revealing a troubling lack of class of this country's citizens. Our nation failed the test of the much-touted post-racial America that Republicans once talked about after the election of President Barack Obama (notice they aren't talking about that anymore after seeing the Tea Party in action). Whether you believe Simpson to be guilty or not, the reality is that the lynch mobs that have served to taunt him are not entirely disconnected from the same mobs that threaten the lives of the first black family in the White House. I don't have much respect for O.J. Simpson as a man. His denial of the black community for so many years, combined with his extensive drug use, always bothered me. I also don't consider it out of the question that he did indeed kill his ex-wife. In spite of my own belief that Simpson may have done something wrong, the fact that Americans have ignored the justice system or any sense of fairness to chase down a black man for allegedly killing a white woman reminds me of the so-called "Christians" of the past who once hung black men from trees. Black History Month, of all times, should be the period during which we most readily recognize this troubling historical relationship. The present was created by the past, and OJ Simpson's ordeal is a way for American to look into its social mirror. Bill Cosby Does it Again
Mr. Rogers Personal Opinion: My Personal Opinion of Mr. Cosbys comments offended me and I will explain. I think that the Bill is living in a time forgotten or lack of interest and nobody wants to re-visit the errors of the past. The generation gap mentality has also passed all you here the youth saying today is keep it moving and stay Relevant the youth today do not care the way we cared totally different time most Black American youth are born in to civil rights and they are not looking back yes we provided a clear path for them, but to name call and be little the working poor is worse then all comments because most of the people I meet are the working poor class and color not the cause. I think it would be helpful if the Cos set-up some leadership sites throughout these areas of concern and recruit other wealthy concerned citizens and attempt to do something about this and go street by street and block by block and then make a comment of his efforts because it is easy to beat up on the less fortunate of these times. I remember back in the Earlie's when people said yes mam no mam or no sir yes sir, these are American traditions and common courtesy and color has nothing to do with it but today it is about survival. The young people today just living in high gear all the time but it is not just Black American kids and that is my problem with the Cos I grew up on I Spy with Robert Culp and the Cos so it is not a Black Issue it is a issue of YOUTH TODAY simple as that it is all young folks that want to be part of what is Relevant to the time they are in today, I remember the platform shoes, Bell Bottoms, Afros, and of course the almighty NATURAL, we even listen to the same music as all Americans did @ the time The Carpenters, The Bee Gees, that was our time then, and it is there time now, pants (OH YEH!) around the crack and hats on backwards it will pass just like everything else, and somewhere along the way a leader will step forward with determination and swift true purpose like we had during our time and git this job done for there survival depends on it.(Excuse the GIT expression I am a Black American Country Boy) Bills comments are out of time and to late unless he is going to sponsor a new leader or create one with a all cultural ethnic awareness profile because everything BLACK does not mean it is of BLACK AMERICAN ORIGIN and he needs to check his own ethnic knowledge before condemning all BLACK AMERICAN children of the time. I say to the COS try to find a way to mutual respect for all people and you will be received better and you will rest better. Thanks to all who have gathered to read my opinion. Sincerely, Mr. Rogers All Rights reserved
We here @ Rogers wish the Haitan Nation a swift recovery and a ongoing blessing. I am speaking from a personal perspective because the haitan community is a tight family and I know the Haitan community is devastated @ this time. I wish swift speed and continued support to a hard working people. 1 Termite.com / Termites The Destroyers
Grown Man Fish Fry 2011 / Featuring the Black Fu-Manchu Grown Man Fish Fry 2011 Silent Prayer Led By Mr. Blount / Andy Don't Like 2 Go Outside.
STANDARD ADVERTISING TERMS AND CONDITIONS The organization contracting for the purchase of advertising covered by this contract (hereinafter called “AGENCY” or “ADVERTISER” as the case may be) and the station accepting this contract (hereinafter called “STATION”) hereby agree that this contract shall be governed by the following conditions: 1. PAYMENT AND BILLING (a) STATION will bill AGENCY or ADVERTISER monthly, using the Final Sunday Fiscal Month, unless otherwise provided on the face of the contract. (b) Payment by AGENCY or ADVERTISER is due upon receipt of invoice. AGENCY or ADVERTISER waives any billing dispute if AGENCY or ADVERTISER does not notify STATION of such dispute in writing within thirty (30) days from date of the invoice containing such amount in dispute. In the event AGENCY or ADVERTISER timely notifies STATION of such dispute, AGENCY or ADVERTISER and STATION shall work diligently with each toward a resolution, but any amount not in dispute shall be promptly paid as described herein. Payments by established and recognized advertising agencies shall be subject to a 15% agency discount on cash payments only, except for non-commissionable amounts or as otherwise stated herein or in a governing master contract. (c) Invoices shall contain dates of advertising purchased on request, length of commercial announcement and cost. (d) Upon request STATION shall provide proof of performance specifying exact times when commercials were aired taken from the official log maintained by STATION as required by FCC regulations. (e) If this agreement is entered into by an AGENCY, then AGENCY agrees that ADVERTISER and AGENCY are jointly and severally purchasing the advertising hereunder and acknowledges that any credit that has been extended by STATION has been extended on the basis of the credit and promise to pay of both AGENCY and ADVERTISER. AGENCY represents and warrants that it is authorized to bind the ADVERTISER and agrees that AGENCY and ADVERTISER shall be jointly and severally liable for the payments to be made under this agreement. Sequential liability is not accepted under any circumstance unless in writingby STATION management. 2. TERMINATION (a) Commercial announcements or programs of less than 5 minutes duration may be cancelled by STATION, AGENCY or ADVERTISER upon fourteen (14) days prior written notice, but no such cancellation shall be effective until fourteen (14) days after initial start of broadcasting hereunder otherwise stated on face of confirmation. (b) Programs of 5 minutes or longer duration may be cancelled by STATION, AGENCY or ADVERTISER upon twenty-eight (28) days prior notice, but no such cancellation shall be effective until twenty-eight (28) days after initial start of broadcasting hereunder unless otherwise stated on face of confirmation. (c) If AGENCY or ADVERTISER cancels contract, earned rates will apply. If STATION cancels contract, AGENCY or ADVERTISER shall have the benefit of the same discounts which it would have earned had it been allowed to complete the contract. 3. EXTENSIONS AND RENEWALS Any extensions or renewals of this contract shall be subject to prior approval by STATION and shall be at the rates in effect at the time of said extension or renewal as set forth on STATION’s then published rate card. 4. EFFECT OF BREACH (a) STATION reserves the right to terminate this contract upon default by AGENCY or ADVERTISER in the payment of bills or other material breach of the terms hereof at any time upon one day’s notice. Upon such termination all charges for advertising completed hereunder and not paid shall become immediately due and payable. If STATION terminates by reason of AGENCY’s or ADVERTISER’s material breach, AGENCY’s or ADVERTISER’s liability shall be to pay not only for advertising completed hereunder prior to termination by STATION but for advertising to be completed thereafter under the contract, less only the STATION’s actual cost savings realized on account of termination (such as fees to live talent that are cancellable at the time of termination of the contract). (b) In the event of material breach by STATION in performing this contract, AGENCY or ADVERTISER reserves the right to terminate this contract at any time upon one (1) day’s prior notice. In no event shall STATION be liable or responsible for any incidental, special, consequential or punitive damages (including without limitation, lost profits, promotional costs or costs of other media) relating to the performance or breach of this Agreement whether arising in contract, tort or otherwise. STATION’s total liability to AGENCY and/or ADVERTISER for any breach of or failure to perform this Agreement shall be limited to a refund of any amounts paid to STATION under this Agreement regardless of whether such liability arises in contract, tort or otherwise. (c) In case suit or action is instituted by STATION for the collection of any money owing hereunder or for enforcement of any of STATION’s rights hereunder, AGENCY or ADVERTISER agrees to pay all costs and disbursements of said suit or action together with reasonable attorney’s fees. 5. FAILURE TO BROADCAST If for any reason there is an interruption or omission of any advertising contracted to be broadcast hereunder, STATION may suggest a substitute time period for the broadcast of the interrupted or omitted advertising. If no such substitute time period is acceptable to AGENCY or ADVERTISER, STATION shall allow AGENCY or ADVERTISER (1) with respect to a program, a pro rata reduction in the time and/or program charges hereunder in the amount of money assigned to the time and/or program charges at time of purchase, and (2) with respect to a commercial announcement, a reduction in the time charges equal to the amount of money assigned to the commercial announcement at time of purchase. AGENCY or ADVERTISER shall have the benefit of the same discounts which would have been earned if there had been no interruption or omission in the advertising. The foregoing shall be STATION’s sole liability for any failure to broadcast a commercial announcement hereunder. IN NO EVENT SHALL STATION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. 6. SUBSTITUTION OF PROGRAMS OF PUBLIC SIGNIFICANCE (a) STATION shall have the right to cancel any purchased advertising or portion thereof covered by this contract in order to broadcast any program which, in its absolute discretion, it deems to be of public significance. In any such case, STATION will notify AGENCY or ADVERTISER in advance if reasonably possible, but where such notice cannot reasonably be given STATION will notify AGENCY or ADVERTISER within one (1) business day after such scheduled broadcast has been cancelled. (b) If AGENCY or ADVERTISER and STATION cannot agree upon a satisfactory substitute day and time, the broadcast time so preempted shall be deemed cancelled without affecting the rates, discounts, or rights provided under this contract, except that AGENCY or ADVERTISER shall not have to pay the cancelled STATION charges. 7. RATE CLASS CODES AND OTHER TERMS (a) The Rate Class Codes are as follows: F = Fixed, will run within designated day and day part; M = Moveable within the overall time parameters indicated without promise as to the specific placement or distribution therein; P = Preemptible, scheduled to run within the overall time parameters indicated subject to preemption for other business at the discretion of the STATION. (b) Any additional written terms and conditions contained in STATION’s proposal or quotation, which are not inconsistent herewith, are hereby incorporated by reference. 8. PROGRAM AND COMMERCIAL MATERIAL (a) Unless otherwise noted on the face of this contract, all program material and all commercial announcements shall be furnished by STATION, excluding advertising announcement material, which shall be furnished by AGENCY or ADVERTISER. All expenses connected with the delivery of commercial announcements to STATION, and with return therefrom, if return is directed, shall be paid by AGENCY or ADVERTISER. In the event STATION furnishes or produces the commercial announcement, STATION shall own all rights to such announcement and the copy contained therein, including without limitation all copyrights, the creative concept contained therein, and the actual recording. (b) STATION will attempt to advise AGENCY or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished program or commercial material and scheduling instructions do not arrive 72 hours in advance of advertising date. If material and instructions do not arrive at the STATION within twenty-four (24) hours after STATION has notified the AGENCY or ADVERTISER, STATION may bill AGENCY or ADVERTISER (as the case may be) for the time reserved. STATION will exert all reasonable effort to broadcast material received from AGENCY or ADVERTISER despite late receipt. (c) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY or ADVERTISER cannot provide commercial and/or program material prior to scheduled broadcast hereunder, AGENCY or ADVERTISER shall not be liable to STATION. In such event, STATION shall suggest a substitute day and time period for broadcast of said advertising and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY or ADVERTISER for the time and/or program charges hereunder in the amount of money assigned to the time period and/or program at time of purchase. AGENCY or ADVERTISER shall have the benefit of the same discounts which would have been earned if the advertising announcement and/or program had been broadcast. (d) Advertising material provided by AGENCY and ADVERTISER is subject to approval and STATION may exercise a continuing right to reject such material, including a right to reject for unsatisfactory technical quality or content. In the event program material is unsatisfactory, STATION shall have the right to substitute its own program at no penalty to AGENCY or ADVERTISER. In the event the commercial material is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or email and unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours prior to broadcast time this contract may be terminated by either party without penalty to the other. (e) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to advertising on the STATION. 9. ADVERTISING LIABILITIES STATION agrees to hold and save AGENCY and ADVERTISER harmless against all liability resulting from the broadcast of (1) program material except program material furnished by AGENCY or ADVERTISER and (2) musical compositions licensed for broadcasting by a music licensing organization of which STATION is a licensee. AGENCY and ADVERTISER agree to hold and save STATION harmless against all liability resulting from the advertising material or program material furnished by AGENCY or ADVERTISER except musical compositions licensed as stated above. 10. NON-DISCRIMINATION POLICY STATION does not discriminate in the sale of advertising time, and will accept no advertising which is placed with intent to discriminate on the basis of race, gender or ethnicity. ADVERTISER hereby certifies that it is not buying broadcasting air time under this advertising sales contract for a discriminatory purpose, including but not limited to decisions not to place advertising on particular stations on the basis of race, gender, national origin, or ancestry. 11. GENERAL (a) STATION shall exercise normal precautions in handling of property and mail but assumes no liability for loss of or damage to program or advertising material and other property furnished by AGENCY or ADVERTISER in connection with broadcasts hereunder. STATION will not accept or process mail, correspondence or telephone calls in connection with broadcasts except after prior approval. (b) This contract, including the rights under it, may not be assigned or transferred without first obtaining the consent of STATION in writing, nor may STATION be required to broadcast hereunder for the benefit of any advertiser other than the one named on the face contract. Failure of STATION or of AGENCY or ADVERTISER to enforce any of the provisions herein shall not be construed as a general relinquishment or waiver as to that or any other provision. (c) STATION’s obligations hereunder are subject to the terms and conditions of licenses held by it and to applicable federal, state and local laws and regulations. (d) This contract contains the entire agreement between the parties relating to the subject matter herein contained, and no change or modification of any of its terms and provisions shall be effective against any party unless the same is in writing signed by said party. (e) This agreement may be executed in counterparts, each of which shall be deemed an original, and which together shall constitute one and the same instrument. (f) Any sales, use, gross receipts or similar taxes imposed as a result of this order shall be the responsibility of AGENCY and ADVERTISER. STATION may collect such tax in addition to the price of advertising hereunder. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
