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.
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.