Lost Performances Clause Samples

Lost Performances. (1) If the company cannot perform because of fire, accident, strikes, riot, Act of God, or the public enemy, which could not be reasonably anticipated or prevented, then the Actor shall not be entitled to any salary for the time during which Actor's services shall not for such reason or reasons be rendered, except that the Actor shall receive the applicable minimum salary for the first performance lost. Should any of the foregoing conditions continue for a period of 10 days or more, either party may terminate the contract and the Producer will pay for all services to date. (2) In the event that a government (Federal, State or Municipal) proclamation is issued requesting or directing the closing of businesses for purposes of a national day of mourning and/or any reason, the Producer shall have the option to cancel the performances or rehearsals for that day in compliance with such governmental directive and the Actor shall not be entitled to any salary for such performances canceled. (3) Any dispute between the Producer and Equity as to whether this Section (D) applies to any given situation may be submitted to grievance and arbitration pursuant to Rule 3, ARBITRATION AND GRIEVANCE, and such determination shall be final.
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Lost Performances. (1) If the Production is suspended or abandoned because of an Act of God (including but not limited to fire, flood, wind, epidemics, pandemics or other natural disasters whether of a similar nature or otherwise); the public enemy, acts of terror, acts of government officials, strike, or riot, all of which could not reasonably be prevented, each actor and stage manager shall be paid all payments due as of the date of such suspension or abandonment, and other than such payments already paid or due, the Producer shall be relieved of any and all other monetary, economic or other obligations under the Agreement, except that the Producer shall pay the actor or stage manager as follows: In the case of suspension, the greater of either (a) the stub week payment (meaning paying for the remainder of the week) or (b) the applicable minimum salary for the first three performances lost. In the case of abandonment, the payment called for by Rule 71(G). (2) Following two weeks of closure, the Producer and actor or stage manager may jointly elect to continue the individual contract so long as Producer resumes paying the actor or stage manager; if the parties do not agree to continue the individual contract, the individual contract shall be considered terminated. (3) Any dispute between the Producer and Equity as to whether this Section (D) applies to any given situation may be submitted to grievance and arbitration pursuant to Rule 3, ARBITRATION AND GRIEVANCE, and such determination shall be final.
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Related to Lost Performances

  • Work Performance ▇▇▇▇▇▇ agrees that all Services performed hereunder shall be performed on a best effort basis by employees, students, faculty, graduate assistants and staff having an appropriate experience and skill level and in compliance with the statement of work.

  • Lawful Performance Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the vendor, at vendor’s sole expense.

  • Past Performance The Government will evaluate the contractor's performance on the NETCENTS-2 Orders provided in Exhibit B, CDRL B001. The PCO will determine the quality of the work performed based on an integrated assessment of data obtained in the Contractor Performance Assessment Reporting Systems (CPARS) and information obtained from Defense Contract Management Agency (DCMA) channels, interviews with customers, program managers and/or contracting officers for NETCENTS-2 task orders. Based on the contractor performance records above, the PCO will determine if there is an expectation that the contractor will successfully perform the required efforts under the unrestricted NetOps and Infrastructure Solutions contract.

  • CONTRACTOR’S PERFORMANCE 2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director’s opinion, Contractor is not interacting in a positive and polite manner with citizens, he or she shall direct Contractor to take all remedial steps to conform to these standards

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon State’s request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the State’s negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractor’s warranty obligations set forth herein.