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Topic: Joint operating agreement


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In the News (Sat 5 Dec 09)

  
  Joint operating agreement - Wikipedia, the free encyclopedia
A joint operating agreement (JOA) in the sense of this article is an arrangement whereby two daily newspapers published in the same city or geographic area find it convenient to operate certain business aspects together.
In the United States such agreements are permitted under the Newspaper Preservation Act of 1970 and are thus not considered to be violative of antitrust laws.
The legalization of these agreements stemmed from the fact that the alternative is usually for at least one of the newspapers, generally the one published in the evening, to cease operations altogether.
en.wikipedia.org /wiki/JOA   (762 words)

  
 Joint Operating Agreement - Wikipedia, the free encyclopedia
A Joint Operating Agreement is a federally sanctioned agreement in which two newspapers combine business operations while maintaining separate -- and competitive -- news operations.
An example of such an agreement is the one between The Seattle Times Company and the New York-based Hearst Corporation, owners of The Seattle Times and Seattle Post-Intelligencer (Seattle P-I), respectively.
Twelve other newspaper JOAs exist, in Albuquerque, New Mexico; Birmingham, Alabama; Honolulu, Hawaii; Detroit, Michigan; Charleston, West Virginia; Cincinnati, Ohio; Denver, Colorado; Fort Wayne, Indiana; Las Vegas, Nevada; Salt Lake City, Utah; Tucson, Arizona; York, Pennsylvania; Miami, Florida; Pittsburgh, Pennsylvania; San Francisco, California; and Shreveport, Louisiana.
en.wikipedia.org /wiki/Joint_Operating_Agreement   (142 words)

  
 Joint Operating Agreement, Detroit - CJR, May/June 93
What brought about the stunning reversal was the court-approved Joint Operating Agreement (JOA) between the two newspapers, the largest ever under the 1970 Newspaper Preservation Act.
The News's circulation losses have been so steep since the JOA went into effect in 1989 that some observers believe the paper's days are numbered.
Before the JOA, the News was an allday paper and the Free Press was published in the morning.
archives.cjr.org /year/93/3/joa.asp   (948 words)

  
 Joint Operating Agreement   (Site not responding. Last check: 2007-11-03)
A joint operating agreement was prepared outlining respective responsibilities of the Board and the Associations.
The current joint operating agreement (as revised in 1979) is made up of a Master Agreement that is common to all community associations, plus Appendices which designate terms and conditions specifically related to individual community centres.
This Agreement may be terminated by either party giving three (3) months notice in writing addressed to the Chairman of the Board or the President of the Association, as the case may be.
www.westpointgrey.org /board/Governance/joint_operating_agreement.htm   (1613 words)

  
 77999 -- Amoco Production Co. V. Wilson, Inc. -- Larson -- Kansas Supreme Court
The operator in a joint operating agreement for the development of acreage for oil and gas purposes owes to the non-operators a duty of fair dealing.
A provision in a typed exhibit to a joint operating agreement for development of oil and gas acreage is deemed to control the acreage and interests to be governed by the agreement where there is a conflict with the printed portion of the agreement.
This court's decision construes the agreement of the parties generally as the Wilson and UMC interests request and requires that Wilson and UMC be an integral part of the agreement as to all of Section 35.
www.kscourts.org /kscases/supct/1999/19990312/77999.htm   (6057 words)

  
 Newspaper JOA will not be renewed after 2007
Joint operating agreements can be created when one or more of a community's newspapers are in imminent danger of financial failure.
Newspapers in a JOA are able to significantly reduce overhead expenses by combining all of their business and production operations while simultaneously maintaining separate and competitive newsrooms and editorial operations.
The Cincinnati joint operating agreement was created after Scripps declared that the Post newspapers were in danger of financial failure unless the business partnership was formed.
www.enquirer.com /midday/01/01172004_News002_mdayjoa_Late.html   (943 words)

  
 Tax Analysts: Technical Assistance:
Joint operating arrangements have become increasingly popular in recent years as a form of health care integration.
The Service is sending hospital joint operating agreement applicants a checklist of structural and financial factors for consideration in determining whether the applicants qualify for exempt status.
If nearly all the powers ceded to the governing body of a joint operating agreement are subject to veto and reserved powers so that authority over a sufficient number of managerial and financial decisions is retained by the participating entities, then the requirements for exemption on the integral part basis would not be satisfied.
www.taxanalysts.com /www/tadiscus.nsf/Archives/CA6F25A658F02E01852563780051971C?OpenDocument   (1677 words)

  
 The 20th Round Standard Form Joint Operating Agreement - OGEL - Oil, Gas & Energy Law Intelligence @ ...
Joint operations are all about community of interest and it is obvious that a change in the identity of the parties can affect expression of the common interest.
In the event of litigation on the conduct of the operator, clauses 5 and 6 may prove to be the most significant legal changes.
It does not change the typical liability of the operator, leaving the operator liable for damage to joint operations arising out of wilful misconduct (which is not defined), or the operator's failure to obtain required insurance.
www.gasandoil.com /ogel/samples/freearticles/roundup_10.htm   (1402 words)

  
 MediaNews Group New Release May 11, 2000   (Site not responding. Last check: 2007-11-03)
A joint operating agreement is an arrangement whereby two newspapers in a single market share business functions and facilities while maintaining independent and competitive editorial operations.
Newspapers are allowed to enter into joint operating agreements with the approval of the U.S. Attorney General provided one of the newspapers in a market is determined to be in probable danger of financial failure.
The joint operating agreement will preserve competitive daily newspaper reporting and preserve a reliable platform for advertisers to communicate with their customers in an increasingly fragmented media marketplace.
www.medianewsgroup.com /companynews/2000/05112000.asp   (3485 words)

  
 Detroit Newspaper Strike
History has shown that joint operations initiated in the name of editorial diversity often result in the demise of one paper and a monopoly for the other, an outcome each JOA is specifically meant to avoid.
Joint operating agreements in St. Louis, Columbus, Miami, Nashville, Tulsa and other large cities have given way to single-paper monopolies in the last dozen years.
When then-Attorney General Edwin Meese approved the JOA bid against the recommendations of an administrative law judge and his own Antitrust Division, the case went all the way to a Supreme Court stalemate before being allowed to stand in 1989 for a record term of 100 years.
www.monitor.net /monitor/12-3-95/detroitstrike.html   (1139 words)

  
 Seattle newspapers to seek arbitration - Boston.com
The Times has been trying to dissolve the joint-operating agreement with the Post-Intelligencer since April 2003, and has sought to invoke a clause in the contract that allows either paper to end the agreement if it suffers three consecutive years of losses.
Under the 1983 agreement, The Times handles circulation, printing and advertising for both newspapers in exchange for 60 percent of their joint profits.
Hearst spokesman Paul Luthringer countered that the committee is not party to the joint-operating agreement, and should not be involved in arbitration.
www.boston.com /business/articles/2006/03/31/seattle_times_hearst_agree_to_arbitration   (607 words)

  
 Welcome to Scripps.com: Announcements:   (Site not responding. Last check: 2007-11-03)
CINCINNATI — The newspaper joint operating agreement, or JOA, that has enabled publication of The Cincinnati Post and The Kentucky Post since the late 1970s won’t be renewed when it expires on Dec. 31, 2007.
The Cincinnati joint operating agreement was signed on Sept. 23, 1977, after Scripps declared that the Post newspapers were in danger of financial failure.
A key provision of the joint operating agreement, however, requires notification at least three years in advance if either of the parties decides not to renew the agreement past its expiration date.
cfapps.scripps.com /announce/announce.asp?sub=showdoc&IDAnnounce=662   (1869 words)

  
 deseretnews.com | Joint operating agreements keep rival newspapers alive
The stated goal of such agreements, and the reason Congress allowed them despite the monopolies they can create, is to ensure the public has at least two differing voices from which to choose.
Under the terms of that agreement, the JOA ended, the entire staff of the Examiner joined the Chronicle, and the new Examiner — minus staff and a printing press — became a morning paper, with its first press run happening about two weeks ago.
The only JOA to have been created in the past decade is between the Denver Post and Rocky Mountain News, which was agreed to this past summer and is awaiting approval from the Justice Department.
deseretnews.com /dn/view/0,1249,230013803,00.html   (628 words)

  
 Columbine Family Health Center - Advisory Opinion
Your letter states that the joint operating agreement was necessary for Columbine to maintain its operations as a provider of medical services to residents of Gilpin County and adjoining Clear Creek County, because it was otherwise financially impossible for Columbine to continue to provide comprehensive medical services.
The joint operating agreement governs such issues as the allocation of costs among the parties,(4) the occasional sharing of employees, sharing of medical records, fund raising, insurance, space allocation, and dispute resolution.
The parties do not appear to be operating a single facility on a shared basis.(6) However, the proposed agreement does not appear to restrict competition significantly, and any incidental restriction of competition between Columbine and Provenant flowing from the proposed "patient sorting" provision is reasonably ancillary to the joint undertaking.
www.ftc.gov /bc/adops/columb.htm   (1486 words)

  
 Honolulu Star-Bulletin Local News
They say the agreement to terminate is merely an amendment to the 1993 joint operating agreement, which was to expire in 2012.
Under the termination agreement, Liberty was to receive a $26.5 million termination payment, or slightly less than it would have received as guaranteed payments under the joint operating agreement.
The purpose of the termination agreement was not to preserve editorial diversity through a joint operating agreement and not to publish two or more papers, the Justice Department argued.
starbulletin.com /1999/11/04/news/story5.html   (799 words)

  
 Joint Operating Agreements
In Seattle, the future of the JOA is mired in litigation.
In 2005, the JOA in Birmingham, Ala., ended with the demise of the Birmingham Post-Herald.
Detroit's JOA, one of the largest, changed substantially in 2005 when Gannett, which had owned the Detroit News, acquired the Detroit Free Press from Knight Ridder.
www.freep.com /legacy/jobspage/links/joa.htm   (410 words)

  
 Sample Contracts - Settlement Agreement and Mutual Release - Aera Energy LLC and Ivanhoe Energy (USA) Inc. - ...
This Agreement is intended to be and is final and binding, regardless of any claims of misrepresentation, concealment of fact, or mistake of law or fact.
This Agreement is to be interpreted in accordance with the plain meaning of its terms and not strictly for or against any party.
Neither this Agreement nor any of its terms shall be offered or received as evidence in any proceeding in any forum as an admission of any liability or wrongdoing 6 of 7 on the part of any person released by this Agreement except a proceeding related to this Agreement.
contracts.onecle.com /ivanhoe/aera.settle.2003.11.05.shtml   (1355 words)

  
 Midwest ISO and PJM Execute and File Joint Operating Agreement With the FERC
Finalizing the JOA was put on hold during an internal assessment period after the August 14 power outage.
The agreement is the foundation by which the Midwest ISO and PJM will create seamless operations to serve wholesale electricity customers in 22 states, the District of Columbia and parts of Canada.
The agreement is expected to improve coordination of interregional congestion management, operational data exchange, real-time communications, emergency protocols, system planning and market monitoring.
www.prnewswire.com /cgi-bin/stories.pl?ACCT=104&STORY=/www/story/12-31-2003/0002082153&EDATE=   (534 words)

  
 TIPPERARY CORP - TPY Unscheduled Material Events (8-K) EXHIBIT 10.101
This Agreement is made under the laws of Texas, United States of America, and with the exception of duties or obligations performable in Queensland, the courts of Texas have exclusive jurisdiction in relation to its subject-matter.
This Settlement Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns, provided that reference to Tipperary Party in Paragraph 7 is a reference to the Tipperary Parties personally and not to any assignee.
The interests of Tri-Star pursuant to this Agreement may be assigned or novated by Tri-Star on notice to the TQI provided, in the case of any novation, that the new party executes an agreement on the same terms as this Exhibit "C" and delivers same to the TQI.
sec.edgar-online.com /2004/11/04/0001104659-04-033646/section5.asp   (7899 words)

  
 The Honolulu Advertiser | Local News   (Site not responding. Last check: 2007-11-03)
The new termination agreement, submitted to the federal court in Honolulu yesterday, provides for a similar payout, but only if the Star-Bulletin is sold in a court-approved sale to a buyer who can publish the newspaper independently from Gannett.
The termination would end the joint operating agreement which allows the Advertiser and Star-Bulletin to share advertising, circulation and printing operations on condition that the two newsrooms remain separate.
The amount Gannett would be paying, he said, reflects its contractual obligations under the joint operating agreement that called for guaranteed payments to Liberty Newspapers of $1.4 million to $2.5 million a year from 1993 to 2012.
the.honoluluadvertiser.com /2000/May/24/localnews15.html   (790 words)

  
 News Release 5 January 2001   (Site not responding. Last check: 2007-11-03)
The joint operating agreement calls for the two companies to maintain separate and competitive editorial operations at The Post and the News.
The joint operating agreement between The Post and the News was proposed under provisions of the Newspaper Preservation Act of 1970, which allows two newspapers in a single market to combine certain business and production functions while maintaining competitive editorial operations.
The 50-year agreement calls for the two newspapers to continue publishing in the morning in their respective formats, the News as a tabloid, and The Post as a broad sheet.
www.medianewsgroup.com /companynews/2001/01052001.asp   (629 words)

  
 99-6344 -- Brown v. Samson Resources Co. -- 08/31/2000
More specifically, the question presented is whether the preferential right to purchase provision of the relevant joint operating agreement allows a preferential right-holder to exercise its right as to a singular oil well sold as part of a "package deal" that includes other wells subject to its rights.
The agreement described the property to be sold as "[a]ll right, title and interest of Seller in and to the oil, gas and/or mineral leases and other properties described on Exhibit "A"...." Exhibit A consists of ninety-three pages listing all the properties included in the sale.
The fact the Coda agreement accounted for each well independently was a recognition that some of the properties were subject to a preferential right to purchase, while others were not.
www.kscourts.org /ca10/cases/2000/08/99-6344.htm   (2595 words)

  
 HistoryLink Essay:Joint Operating Agreement between The Seattle Times and the Seattle Post-Intelligencer ...   (Site not responding. Last check: 2007-11-03)
Joint Operating Agreement between The Seattle Times and the Seattle Post-Intelligencer goes into effect on May 23, 1983.
Under the agreement, The Times would manage printing, advertising, circulation, and most other commercial operations for both papers, while the two would remain editorially independent.
The Joint Operating Agreement was approved despite litigation filed by opponents who felt the combined operation would consitute a virtual monopoly.
www.historylink.org /essays/printer_friendly/index.cfm?file_id=2154   (248 words)

  
 Opinion: Bayfront should release document
The joint operating agreement became an issue after the revelation earlier this year that Bayfront had restricted its abortion policies in accordance with the directives of its Catholic-owned partners in the hospital alliance.
Hospital attorneys say the joint operating agreement is not a public document.
However, the joint operating agreement goes to the heart of Bayfront's contract -- moral as well as legal -- with the people of St. Petersburg.
www.sptimes.com /News/112499/news_pf/Opinion/Bayfront_should_relea.shtml   (340 words)

  
 The Honolulu Advertiser | Local News   (Site not responding. Last check: 2007-11-03)
The judge said that under their joint operating agreement the newspapers enjoyed an exemption from antitrust laws, but in dissolving that agreement, Star-Bulletin owner Liberty made no effort to sell the afternoon newspaper.
Under the agreement, both dailies are exempt from antitrust laws and allowed to share printing, production and advertising operations, but editorial staffs must remain separate and competitive.
The agreement to end the joint operating partnership and the closure of the Star-Bulletin also have come under the scrutiny of U.S. Justice Department officials who have demanded records from officials at The Honolulu Advertiser and the Hawaii Newspaper Agency, which handles the joint operations of the papers.
the.honoluluadvertiser.com /1999/Oct/14/localnews1.html   (1409 words)

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