The network has its origins in United Independent Broadcasters Inc., a collection of 16 radio stations that was bought by William S. Paley in 1928 and renamed the Columbia Broadcasting System. Under Paley's guidance, CBS would first become one of the largest radio networks in the United States and then one of the big three American broadcast television networks. In 1974, CBS dropped its full name and became known simply as CBS, Inc. The Westinghouse Electric Corporation acquired the network in 1995 and eventually adopted the name of the company it had bought to become CBS Corporation. In 2000, CBS came under the control of Viacom, which coincidentally had begun as a spin-off of CBS in 1971. In late 2005, Viacom split itself and reestablished CBS Corporation with the CBS television network at its core. CBS Corporation and the new Viacom are controlled by Sumner Redstone through National Amusements, the parent of the two companies.
Unable to sell enough air time to advertisers, on September 25, 1927, Columbia sold the network for $500,000 to William S. Paley, son of a Philadelphia cigar manufacturer. With Columbia Phonographic's removal, Paley streamlined the corporate name to "Columbia Broadcasting System". Paley believed in the power of radio advertising; his family's company had seen their "La Palina" cigar become a best-seller after young William convinced his elders to advertise it on Philadelphia station WCAU.
In November 1927, Columbia paid $410,000 to A.H. Grebe's Atlantic Broadcasting Company for a small Brooklyn station, WABC, which would become the network's flagship station. WABC was quickly upgraded, and the signal relocated to a stronger frequency, 860 kHz. (In 1946, WABC was re-named WCBS; the station moved to a new frequency, 880 kHz, in the FCC's 1941 reassignment of stations.) It was where much of CBS's programming originated; other owned-and-operated stations were KNX Los Angeles, KCBS San Francisco (originally KQW), WBBM Chicago, WJSV Washington, DC (later WTOP, which moved to the FM dial in 2005; the AM facility today is WWWT, also a CBS Radio affiliate), KMOX St. Louis, and WCCO Minneapolis. These remain the core affiliates of the CBS Radio Network today, with WCBS still the flagship, and all except WTOP and WWWT (both Bonneville Broadcasting properties) owned by CBS Radio.
Later in 1928, another investor, Paramount Pictures (who ironically would eventually be co-owned with CBS, see below), bought Columbia stock, and for a time it was thought the network would be renamed "Paramount Radio". Any chance of further Paramount involvement ended with the 1929 stock market crash; the near-bankrupt studio sold its shares back to CBS in 1932.
As the third national network, CBS soon had more affiliates than either of NBC's two, in part because of a more generous rate of payment to affiliates. NBC's owner and founder of RCA, David Sarnoff, believed in technology, so NBC's affiliates had the latest RCA equipment, and were often the best-established stations, or were on "clear channel" frequencies. Paley believed in the power of programming, and CBS quickly established itself as the home of many popular musical and comedy stars, among them Bing Crosby, Al Jolson, George Burns & Gracie Allen, and Kate Smith. In 1938, NBC and CBS each opened studios in Hollywood to attract movieland's top talent to their networks – NBC at Radio City on Sunset and Vine, CBS two blocks away at Columbia Square.
In the hard times of the early 1930s, CBS radio broadened its offerings; having refused an AP franchise for news, Paley launched an independent news division, shaped in its first years by Paley's vice-president, former New York Times man Ed Klauber, and news director Paul White. Another early hire, in 1935, was Edward R. Murrow, brought in as "Director of Talks." It was Murrow's reports, particularly during the dark days of the London Blitz, which contributed to CBS News' image for on-the-spot coverage. As European news chief and later head of the news division, Murrow assembled a team of reporters and editors that propelled CBS News to the forefront of the industry.
On October 30, 1938, CBS gained a taste of infamy when Orson Welles and the Mercury Theatre broadcast an adaptation of H. G. Wells' The War of the Worlds. Its unique format, a contemporary version of the story in the form of faux news broadcasts, had many CBS listeners panicked into believing invaders from Mars were actually devastating Grovers Mill, New Jersey, despite three disclaimers during the broadcast that it was a work of fiction. CBS would later revive the format for television in the 1990s for Without Warning, which told the story of asteroids crashing to Earth, but the television format allowed for disclaimers to air at every commercial break, avoiding a replay of what happened in 1938.
Before the onset of World War II, CBS recruited Edmund A. Chester from his position as Bureau Chief for Latin America at Associated Press to serve as Director of Latin American Relations and Director of Short Wave Broadcasts for the CBS radio network (1940). In this capacity, Mr. Chester coordinated the development of the Network of the Americas (La Cadena de las Americas) with the Department of State, the Office for Inter-American Affairs (as chaired by Nelson Rockefeller) and Voice of America. This network provided vital news and cultural programming throughout South America and Central America during the crucial World War II era and fostered benevolent diplomatic relations between the United States of America and the less developed nations of the continent. It featured such popular radio broadcasts as Viva America which showcased leading musical talent from both North and South America accompanied by the CBS Pan American Orchestra under the musical direction of Alfredo Antonini. The post war era also marked the beginning of CBS's dominance in the field of radio as well
As long as radio was the dominant advertising medium, CBS dominated broadcasting. All through the 1950s and 1960s, CBS programs were often the highest-rated. A much-publicized "talent raid" on NBC in the mid-1940s brought Jack Benny, Edgar Bergen and Amos 'n' Andy into the CBS fold. Paley also was an innovator in creating original programming; since broadcasting's earliest days, time had been sold to advertising agencies in half- or full-hour blocks. The ad agencies, not the networks, would then create the program to fill the time, thus it was " 'The Johnson's Wax Program', with Fibber McGee & Molly", or " 'The Pepsodent Show', with Bob Hope." At Paley's urging, beginning in the mid-1940s, CBS began creating its own programs; among the long-running shows that came from this project were You Are There (born as CBS Was There), My Favorite Husband (starring Lucille Ball; the show proved a kind of blueprint for her big CBS television hit I Love Lucy), Our Miss Brooks (whose star, Eve Arden, was encouraged personally by Paley to try out for the title role), Gunsmoke and The Adventures of Ozzie & Harriet. In time this idea was carried further, selling ad time by the minute, so ad agencies no longer had complete control over what went out over "Paley's air".
CBS moved at a deliberate pace into television; as late as 1950 it owned only one station; radio continued to be the backbone of the company. Gradually, as the television network took shape, big radio stars began to drift to television. The radio soap opera The Guiding Light moved to television in 1952 and still airs today; Burns & Allen made the move in 1950; Lucille Ball a year later; Our Miss Brooks in 1952 (though it continued simultaneously on radio for its full television life). The high-rated Jack Benny radio show ended in 1955, and Edgar Bergen's Sunday-night show went off the air in 1957. When CBS announced in 1956 that its radio operations had lost money, while the television network had made money, it was clear where the future lie. When the soap opera Ma Perkins went off the air November 25, 1960 only eight, relatively minor series remained. Prime-time radio ended on September 30, 1962, when the legendary Suspense aired for the final time.
After the retirement of talk-show pioneer Arthur Godfrey in 1972, CBS radio programming consisted of hourly news broadcast and an extensive schedule of news features, known in the 1970s as Dimension, and commentaries, including the well received Spectrum series of commentaries which evolved into the Point/Counterpoint feature on the television network's 60 Minutes and First Line Report, a well-regarded news and analysis feature delivered by CBS correspondents and offered to the CBS radio stations. The network also continued to offer traditional radio programming through its nightly "CBS Mystery Theater", the lone holdout of old-style programming. The CBS Radio Network continues to this day, but offers primarily its well-regarded newscasts, including its centerpiece World News Roundup in the morning and evening and news-related features like "The Osgood File" and "Harry Smith Reporting" as well as other talk properties like "Opie and Anthony"
During the World War II years, commercial television broadcasting was reduced dramatically. Toward the end of the war, commercial television began to ramp up again, with an increased level of programming evident in the 1945–1947 period on the three New York television stations which operated in those years (the local stations of NBC, CBS and DuMont) But as RCA and DuMont raced to establish networks and offer upgraded programming, CBS lagged, advocating an industry-wide shift and re-start to UHF for their incompatible (with black and white) color system. Only in 1950, when NBC was dominant in television and black and white transmission was widespread, did CBS begin to buy or build their own stations (outside of New York) in Los Angeles, Chicago and other major cities. Up to that point, CBS programming was seen on such stations as KTTV Channel 11 in Los Angeles, which CBS--as a bit of insurance and to guarantee program clearance in Los Angeles--quickly purchased a 50% interest in. CBS then sold their interest in KTTV and purchased outright Los Angeles pioneer station KTSL (Channel 2) in 1950, renaming it KNXT (after CBS' existing Los Angeles radio property, KNX), later to become KCBS. The "talent raid" on NBC of the mid-forties had brought over established radio stars; they now became stars of CBS television as well. One reluctant CBS star refused to bring her radio show, "My Favorite Husband", to television unless the network would re-cast the show with her real-life husband in the lead. Paley and network president Frank Stanton had so little faith in the future of Lucille Ball's series, re-dubbed I Love Lucy, that they granted her wish and allowed the husband, Desi Arnaz, to take financial control of the production. This was the making of the Ball-Arnaz Desilu empire, and became the template for series production to this day.
In the late 1940s, CBS offered imaginative and historic live television coverage of the proceedings United Nations General Assembly(1949). This journalist tour-de-force was under the direction of Edmund A. Chester, who was appointed to the post of Director for News, Special Events and Sports at CBS Television in 1948. The broadcast clearly underscored CBS's long term commitment to excellence in broadcast journalism in the post World War II era.
As television came to the forefront of American entertainment and information, CBS dominated television as it once had radio. In 1953, the CBS television network would make its first profit , and would maintain dominance on television between the years 1955 and 1976 as well By the late 1950s, the network often controlled seven or eight of the slots on the "top ten" ratings list. This would continue for many years, with CBS bumped from first place only by the rise of ABC in the mid-1970s. Perhaps because of its status as the top-rated network, during the late 1960s and early 1970s CBS felt freer to gamble with controversial properties like the Smothers Brothers Comedy Hour and All in the Family and its many spinoffs during this period.
One of CBS's most critically acclaimed and popular shows at that time was M*A*S*H, a dramedy based on the hit Robert Altman film. It ran from 1972-1983, and was set, like the film, during the Korean War in a Mobile Army Surgical Hospital. The final episode aired on February 28, 1983 and was 2½ hours long. It was viewed by nearly 106 million Americans (77% of viewership that night) which established it as the most watched episode in United States television history, a record which still stands.
William Paley was a buyer of art, and a backer of New York's Museum of Modern Art. CBS offices were filled with original works. Paley shared this interest with Frank Stanton (1908-2006), CBS President (1946–1971), who carried this belief over into the design elements surrounding the network. When CBS bought Los Angeles station KNX in 1936 for a west-coast production headquarters, Frank Stanton demanded that architect William Lescaze be hired to create Columbia Square, a distinctive, modern broadcasting center on Sunset Boulevard. Similarly, when CBS commissioned Eero Saarinen to design a new corporate center in New York in the 1960s, Stanton supervised every aspect of the project, even dictating what could be displayed in employee offices and on desktops. This belief in art, graphics and branding carried over to such things as the CBS Television's logo, the unblinking eye logo (designed by William Golden and introduced in 1951). An example of CBS's graphic-design particularity: on all official CBS letterhead, a tiny dot (at most a point in diameter) was pre-printed to indicate to a secretary where the typewriter carriage should be positioned for the salutation of a letter. Golden's successor as Creative Director Lou Dorfsman worked with Dr. Stanton to develop the CBS Inc. corporate look that survives to this day.
By the early 1960s, CBS-TV was void of transmitting anything in color—save for a few specials and only if the sponsor would pay for it. Red Skelton was the first CBS host to telecast his weekly programs in color, using a converted movie studio, in the early 1960s; he tried unsuccessfully to persuade the network to use his facility for other programs, then was forced to sell it. Color was being pushed hard by rival NBC. Even ABC-TV had several color programs in 1962. One famous CBS-TV special made during this era was the tour of the White House with First Lady Jackie Kennedy. It was, however, shown in black-and-white. This would all change by the mid-1960s, when market pressure forced CBS-TV to add color programs to the regular schedule for the 1965–66 season. By 1970, all of CBS's TV programs were being shown in color, as they were on NBC and American Broadcasting Company (ABC).
In other diversification attempts, CBS would buy (and later sell) sports teams (especially the New York Yankees baseball club), book and magazine publishers (Fawcett Publications including Woman's Day, and Holt, Rinehart and Winston), map-makers, toy manufacturers (Gabriel Toys, Child Guidance, Wonder Products), and other properties.
As William Paley aged, he tried to find the one person who could follow in his footsteps. Over the years any number of accomplished, successful businessmen were recruited, loudly praised to the press, only later to be summarily dismissed. By the mid-1980s, the investor Laurence Tisch had begun to acquire substantial holdings in CBS. Eventually he gained Paley's confidence, and then his blessing, taking control of CBS in 1986. But Tisch had no dreams of quality or of "Tiffany" networks; he expected a return on his investment.
When CBS faltered, under-performing units were given the axe. Among the first properties to go, and among the most prestigious, was the CBS Records group, which had been part of the company since 1938. Tisch also shut down in 1986 the CBS Technology Center in Stamford, CT, which had started in New York City in the 1930s as CBS Laboratories and evolved to be the company's technology R&D unit.
Sony purchased from EMI its rights to the Columbia Records name outside the US, Canada and Japan. Sony BMG now uses Columbia Records as a label name in all countries except Japan.
Between 1965 and 1985 the quality of Fender guitars and amplifiers declined significantly. Encouraged by outraged Fender fans, CBS Musical Instruments division executives executed a leveraged buyout in 1985 and created FMIC, the Fender Musical Instrument Corporation. At the same time, CBS divested itself of Rodgers, along with Steinway and Gemeinhardt, all of which were purchased by Steinway Musical Properties. The other musical instruments properties were also liquidated.
Yet ten years later, in 1982, CBS was talked into another try at Hollywood, in a joint venture with Columbia Pictures and HBO called Tri-Star Pictures. Their first release, in 1984, was The Natural. Their second movie was a flop remake of the 1960 Metro-Goldwyn-Mayer picture Where the Boys Are. CBS dropped out of the venture in 1984.
In 2007, CBS Corp. announced its desire to get back into the feature film business slowly launching CBS Films and hiring key executives in the Spring of 2008 to startup the new venture. The name CBS Films was actually used once before in 1953 when the name was briefly used for CBS' distributor of off-network and first-run syndicated programming to local TV stations in the United States and abroad.
In that same year of 1997, Westinghouse changed its name to CBS Corporation, and corporate headquarters were moved from Pittsburgh to New York. And to underline the change in emphasis, all non-entertainment assets were put up for sale. Another 90 radio stations were added to Infinity's portfolio in 1998 with the acquisition of American Radio Systems Corporation for $2.6 billion.
In 1999, CBS paid $2.5 billion to acquire King World Productions, a television syndication company whose programs include The Oprah Winfrey Show and Wheel of Fortune. By the end of 1999, all pre-CBS elements of Westinghouse's industrial past (beyond retaining rights to the name for brand licensing purposes) were gone.conglomerate Viacom (1971-2005), a company created years earlier to syndicate old CBS series, announced it was taking over CBS in a deal valued at $37 billion. Following completion of this effort in 2000, Viacom was ranked as the second-largest entertainment company in the world.
The second company, keeping the Viacom name, kept Paramount Pictures (ironically a former share holder in CBS, see above, also owned a stake in the DuMont Television Network, whose Pittsburgh O&O is now CBS-owned KDKA-TV), assorted MTV Networks, BET, and, until May 2007, Famous Music, which was sold to Sony/ATV Music Publishing.
As a result of the aforementioned Viacom/CBS corporate split, as well as other acquisitions over recent years, CBS (under the moniker CBS Studios) owns a massive television library spanning over six decades; these include not only CBS in-house productions and network programs, but also programs aired originally on competing networks. Shows in this library include I Love Lucy, The Twilight Zone, The Honeymooners, Hawaii Five-O, Gunsmoke, The Fugitive, Little House on the Prairie, Star Trek, The Brady Bunch, Cheers, The Young Indiana Jones Chronicles, Evening Shade, and CSI: Crime Scene Investigation, among others.
Both CBS Corporation and the new Viacom are still owned by Sumner Redstone's company, National Amusements. As such, Paramount Home Entertainment continues to handle DVD distribution for the CBS library.
CBS unveiled its Eye Device logo on October 17, 1951. Before that, from the 1940s through 1951, CBS Television used an oval spotlight on the block letters C-B-S. The Eye device was conceived by William Golden based on a Pennsylvania Dutch hex sign as well as a Shaker drawing. (While commonly attributed to Golden, there is speculation that at least some design work on the symbol may have been done by another CBS staff designer, Georg Olden, one of the first African-Americans to achieve some notoriety in the postwar graphic design field.) The Eye device made its broadcasting debut on October 20, 1951. The following season, as Golden prepared a new ident, CBS President Frank Stanton insisted on keeping the Eye device and using it as much as possible.
An example of CBS Television Network's imaging (and the distinction between the television and radio networks) may be seen in a video of the Jack Benny Program (undated) which aired on the television network. The video appears to be converted from kinescope, and "unscoped" or unedited. One sees the program as very nearly one would have seen it on live television. Don Wilson is the program announcer, but also voices a promo for "Private Secretary", which alternated weekly with Jack Benny on the television network schedule. Benny continued to appear on CBS radio and television at that time, and Wilson makes a promo announcement at the end of the broadcast for Benny's radio program on the CBS Radio Network. The program closes with the "CBS Television Network" ID slide (the "CBS eye" over a field of clouds with the words "CBS Television Network" superimposed over the eye). There is, however, no voiceover accompanying the ID slide. It is unclear whether it was simply absent from the recording or never originally broadcast.
The CBS eye is now an American icon. While the symbol's settings have changed, the Eye device itself has not been redesigned in its entire history. In the network’s new graphic identity created by Trollback + Company in 2006, the eye is being placed in a “trademark” position on show titles, days of the week and descriptive words, an approach highly respecting the value of the eye. The eye logo has frequently been copied or borrowed by television networks around the world, notable examples being the Austrian Broadcasting System (ORF) which used to use a red version of the eye logo, Associated TeleVision in the United Kingdom and Frecuencia Latina in Peru. The logo is alternately known as the Eyemark, which was also the name of CBS's domestic and international syndication divisions in the mid to late 1990s before the King World acquisition and Viacom merger.
For the 1988–1989 season, CBS unveiled its new image campaign, officially known as "Television You Can Feel" but more commonly identified as "You Can Feel It On CBS". The goal was to convey a more sensual, new-age image through distinguished, advanced-looking computer graphics and soothing music, backgrounding images and clips of emotionally-powerful scenes and characters. However, it was this season in which CBS began its ratings free fall, the deepest in the network's history. CBS ended the decade with "Get Ready for CBS". The 1989–90 version was a very ambitious campaign that attempted to elevate CBS out of last place (among the major networks); the motif was network stars interacting with each other in a remote studio set, getting ready for photo and TV shoots, as well as for the new season on CBS. The high-energy promo song and the campaign's practices saw many variations across the country as every CBS affiliate participated in it, as per a network mandate. Also, for the first time in history, CBS became the first broadcast network to team with a national retailer to encourage viewership, with the CBS/Kmart Get Ready Giveaway.
In addition, sports programming routinely appears on the weekends, although with a somewhat unpredictable schedule (mostly between noon and 7:00 p.m. ET).
Returning comedies are in red; new comedies are in pink; returning dramas are in green; new dramas are in blue; returning reality shows are in yellow; new reality shows are in gold; returning game shows are in orange; news programming is in brown.
|7:00 p.m.||7:30 p.m.||8:00 p.m.||8:30 p.m.||9:00 p.m.||9:30 p.m.||10:00 p.m.||10:30 p.m.|
|Sunday||60 Minutes||The Amazing Race||Cold Case||The Unit|
|Monday||Local Programming||The Big Bang Theory||How I Met Your Mother||Two and a Half Men||Worst Week||CSI: Miami|
|Tuesday||NCIS||The Mentalist||Without a Trace|
|Wednesday||The New Adventures of Old Christine||Gary Unmarried||Criminal Minds||CSI: NY|
|Thursday||Survivor||CSI: Crime Scene Investigation||Eleventh Hour|
|Friday||Ghost Whisperer||The Ex-List||NUMB3RS|
|Saturday||48 Hours Mystery||EliteXC Saturday Night Fights|
Notable daytime soaps that once aired on CBS include Love of Life (1951–1980), Search for Tomorrow (1951–1982), which later moved to NBC, The Secret Storm (1954–1974), The Edge of Night (1956–1975), which later moved to ABC, and Capitol (1982–1987).
CBS' daytime schedule is also the home of the popular long-running game show The Price Is Right. The Price is Right, which began production in 1972, is notable as the longest (and last) continuously running daytime game show on network television.
Notable daytime game shows that once aired on CBS include Pyramid (1973–1974, 1982–1988), Match Game (1973–1979), Tattletales (1974–1978 and 1982–1984), Card Sharks (1986–1989), and Family Feud (1988–1993). CBS games that also aired in prime time include Beat the Clock (1950–1958 and 1979–1980), To Tell the Truth (1956–1968) and Password (1961–67, and a 2008 prime time revival). Two long-running primetime-only games were the panel shows What's My Line? (1950–1967) and I've Got a Secret (1952–1968, 1976).
By 2000, CBS began contracting out to other companies to provide programming and material for their Saturday morning schedule, The first of these special blocks was The CBS Kids Show, which featured programming from Canada's Nelvana studio. It aired on CBS Saturday mornings during 2000 and 2001, with shows like Anatole, Mythic Warriors, Rescue Heroes, and Flying Rhino Junior High. Its tagline was, "The CBS Kids Show: Get in the Act."
In 2000, CBS's deal with Nelvana ended; the CBS Kids Show block was replaced with another block of programming from a network which, at the time, was in the same family as CBS — Nick Jr. on CBS.
In 2001, CBS began a deal with Nickelodeon (owned by CBS's former parent company Viacom, which at one time was a subsidiary of CBS) to air its original programming under the banner Nick on CBS. In 2004, CBS changed the lineup by going for the somewhat undercourted preschool market by switching its lineup from programming from Nickelodeon back to Nick Jr. In 2006, after the Viacom-CBS split (as described above), CBS decided to discontinue the Nick Jr. lineup in favor of a lineup of programs produced by DiC, as part of a three-year deal which includes distribution of selected Formula One auto races on tape delay.
In 2006 the Nick on CBS blocked was replaced with KOL Secret Slumber Party on CBS. In the inaugural line-up, two of the programs were new shows, one aired in syndication in 2005 and three were pre-2006 shows. In mid-2007, KOL withdrew sponsorship from CBS's Saturday Morning Block and the name was changed to KEWLopolis on CBS. Complimenting CBS's 2007 line-up was Care Bears, Strawberry Shortcake, and Sushi Pack.
In Australia, Network Ten has an output deal with CBS Paramount giving them rights to carry the programs Jericho, Dr. Phil, Late Show with David Letterman, NCIS and NUMB3RS as well access to stories from 60 Minutes (the rights of which have been sold to the Nine Network which broadcasts their own 60 Minutes).
In Canada, CBS, like all major American TV networks, is carried in the basic program package of all cable and satellite providers. The broadcast is shown exactly the same in Canada as in the United States. However, CBS's programming on Canadian cable and satellite systems are subject to the practice of "simsubbing", in which a signal of a Canadian station is placed over CBS's signal, if the programming at that time is the same. As well, many Canadians live close enough to a major American city to pick up the over the air broadcast signal of an American CBS affiliate with an antenna.
In 2004, the FCC imposed a record $550,000 fine on CBS for its broadcast of a Super Bowl half-time show (produced by then sister-unit MTV) in which singer Janet Jackson's breast was briefly exposed. It was the largest fine ever for a violation of federal decency laws. Following the incident CBS apologized to its viewers and denied foreknowledge of the event, which was broadcast live on TV. In 2008 a Philadelphia federal court annulled the fine imposed on CBS, labelling it "arbitrary and capricious".
CBS suffered another embarrassment in September of that year, when the network aired a controversial episode of 60 Minutes, which questioned U.S. President George W. Bush's service in the National Guard. Following allegations of forgery, CBS News admitted that documents used in the story had not been properly authenticated. The following January, CBS fired four people connected to the preparation of the news-segment. Former network news anchor Dan Rather has filed a $70 million lawsuit against CBS, contending the story, and his termination were mishandled.
In 2006, CBS announced it would air only three of its NFL games per week in high definition. The move created some outrage among fans, with some accusing the network of being "cheap. See main article: NFL on CBS HDTV coverage
In 2007, retired Army Major Gen. John Batiste, consultant to CBS News, appeared in a political ad for VoteVets.org critical of President Bush and the war in Iraq. Two days later, CBS stated that appearing in the ad violated Batiste's contract with them and the agreement was terminated.