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Contract – Breach Counterclaim – Notice & Cure Provision – Radio Stations 

 The contract between the parties – two separate radio stations – required defendant to maintain its FM license and to rebroadcast some of plaintiff’s programming; plaintiff was required to share its advertising revenue. After defendant breached the contract by losing its FM license (and consequently went off the air), plaintiff allegedly failed to pay defendant the minimum revenue-sharing amount set out in the contract. However, defendant filed its breach-of-contract counterclaim without complying with the contract’s requirement of notice and an opportunity to cure default. 

We affirm the trial court’s dismissal of defendant’s counterclaim. 

Northstar Broadcasting Corp. v. Arohi Media, LLC (Lawyers Weekly No. 012-298-22, 6 pp.) (Chris Dillon, J.) Appealed from Durham County Superior Court (Josephine Kerr Davis, J.) Nichole Hatcher for plaintiff; Joseph Nanney for defendant. 2022-NCCOA-469 

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