Channel User’s Contract & Statement of Compliance (Form #2)

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Channel User’s Contract & Statement of Compliance (Form #2)
1. The applicant (“Channel User”) executes this agreement and Statement of Compliance as consideration for Queens Public Communications Corporation (“QPTV”) allowing me to use Public Access Channels 34, 35, 56, and 57 on Time Warner Cable, 82, 83, 84, and 85 on RCN and 33, 34, 35, 36, 37, 38 on Verizon FiOS.
2. The Channel User represents to QPTV that he/she has all the rights and clearances, licenses, permits and required insurance necessary to transmit over QPTV’s channels, including but not limited to the following: talent releases, all approvals from broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers representatives and persons appearing in or referred to in the program material transmitted over the QPTV cable channels in Queens County.
3. Channel User indemnifies and holds harmless QPTV, its Directors, Officers, Staff, Agents and Employees against any and all claims, judgements, damages, costs and other liabilities, including reasonable attorneys fees arising out of the cablecasting on the Channels of QPTV including, but not limited to; (a) any claims in the nature of libel, slander; (b) any claims that the Channel User’s material violates or infringes upon the rights, trade of any person, corporation, person or other entity; (c) unauthorized use of copyright material; (d) the use of any acts done or words spoken by the Channel user, his or her agents, employees, licensees or contractors in connection with the production, rehearsal or cablecasting of the program, any actual or alleged breach by the Channel User of this agreement and any misrepresentation made by the Channel User.
4. The Channel User, as soon as he/she learns of a claim or legal action by its acts against QPTV or any of the cable operators in the Borough of Queens arising out of its indemnity set forth in paragraph 3 above, agrees to immediately notify QPTV of this claim or action and will defend all actions to which its indemnity applies and conduct its defense through his/her attorney at his/her own expense. QPTV shall have the right to participate in this defense at the Channel Users expense and to use its own attorney, and in this event, the Channel User agrees that it will direct his/her attorney to cooperate with QPTV.