According to the New York Times, the New York Daily News and many other news services, NBC is arguing that its contract with Conan O'Brien only guaranteed that he would be installed as the host of "The Tonight Show" but did not promise when the show would air. Unlike deals for other shows, purportedly Mr. O'Brien's contract contains no specific language about the time period the show would occupy. The argument is that the absence of a “time-slot" term allows NBC to relocate The Tonight Show from the 11:35 slot to after midnight to make room for Jay Leno without breaching its contract with Conan.

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