Performances Lost Clause Samples

The "Performances Lost" clause defines how the parties will address situations where scheduled performances cannot take place as planned. Typically, this clause outlines the procedures for notifying the other party, any obligations to reschedule or refund, and the allocation of costs or liabilities resulting from the lost performance. Its core function is to provide a clear framework for handling cancellations or missed performances, thereby minimizing disputes and ensuring both parties understand their rights and responsibilities in such events.
Performances Lost. (A) If the company cannot perform because of fire, accident, strike, 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: (1) If the company is away from the Point of Organization, the Actor shall receive one- eighth of minimum salary plus one-seventh of minimum out-of-town expenses for the first day lost and one-seventh of minimum out-of-town expenses for each day on which performances are not given thereafter. (a) The company may add a replacement performance in the same week as the canceled performance without any additional compensation provided the Actors receive no less than 24 hours’ notice. If a performance is so scheduled, the Actors’ salary and Per Diem will not be reduced for the canceled performance; (b) The company may add a replacement performance in a subsequent week of the same engagement with no less than 72 hours’ notice. If a performance is so scheduled, each Actor will be due an additional one-eighth of Actor’s contractual salary for that replacement performance and Actor’s salary and Per Diem may be reduced for the canceled performance. (c) If a replacement performance is scheduled after the scheduled final performance of the tour, the Producer will reimburse the Actor for any additional travel expenses caused by such scheduling. (B) Should any of the foregoing conditions continue for a period of 10 days or more, either party may terminate the contract (except on a Term Contract, only the Actor may terminate) and the Producer will pay for all services to date and transportation back to the Point of Organization or the Place of Engagement. (See Rule 72 TRANSPORTATION AND BAGGAGE) (C) If the production closes after 10 days, the six-week reopening provision shall not apply provided that all members of the cast at the time the production closed are offered re- employment in the production at not less than the terms prevailing on the date of closing. (D) Lost performance due to illness or death of star. (See Rule 39(C), LAY-OFF.) (E) To the extent there is a weather or other state of emergency declared by the civil authorities, a production may revise its performance schedule to reschedule up to two missed performances on any day in the same week or in the subsequent two weeks without incurring any penalty or premium, so long as no more than sixteen ...
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Performances Lost. If the cast as a whole cannot perform because of fire, accident, riot, Act of God (or official planning action for an Act of God, e.g., NYC shuts down public transportation in planning for Hurricane ▇▇▇▇▇), National Day of Mourning, or the public enemy, which could not be reasonably anticipated or prevented, the Actor shall receive the applicable minimum salary for the first three performances lost. Should any of the foregoing conditions continue for a period of ten days or more, either party may terminate the contract, and the Theatre shall pay for all services to date. For any cancelled performance where the Actor’s salary is not reduced as provided herein, the Theatre may substitute a performance for the cancelled performance by giving written notice to Equity and the Actor. The Theatre may revise its performance schedule to reschedule up to two missed performances on performance days in the same week or in subsequent weeks of the run, without incurring any penalty or premium. In no circumstances may three performances fall on one day nor may any week contain more than nine performances. The Theatre may not schedule six performances over three consecutive days or use this provision in weeks containing six performances scheduled over three consecutive days (see Rule 51(E)(7)(d)). The Actor’s unavailability for a substitute performance shall not constitute “just cause” for termination.
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Performances Lost. If the cast as a whole cannot perform because of fire, accident, riot, Act of God (or official planning action for an Act of God, e.g., NYC shuts down public transportation in planning for Hurricane ▇▇▇▇▇), National Day of Mourning, or the public enemy, which could not be reasonably anticipated or prevented, the Actor shall receive the applicable minimum salary for the first three performances lost. Should any of the foregoing conditions continue for a period of ten days or more, either party may terminate the contract, and the Theatre shall pay for all services to date. For any cancelled performance where the Actor’s salary is not reduced as provided herein, the Theatre may substitute a performance for the cancelled performance by giving written notice to Equity and the Actor. Any such substitute performance that is a ninth or tenth performance shall be paid for at the rate set forth in Rule 51(B)(5). The Actor’s unavailability for a substitute performance shall not constitute “just cause” for termination.
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Related to Performances Lost

  • Performance Delay Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.

  • Performance by Contractor Where Pur- chaser’s employees, agents, contractors, Subcontractors, or their employees or agents perform Purchaser’s Opera- tions in connection with fire responsibilities, Purchaser’s obligations shall be the same as if performance was by Purchaser.

  • Annual Performance Review The Employee’s performance of his duties under this Agreement shall be reviewed by the Board of Directors or a committee of the Board of Directors at least annually and finalized within thirty (30) days of the receipt of the annual audited financial statements. The Board of Directors or a committee of the Board of Directors shall additionally review the base salary, bonus and benefits provided to the Employee under this Agreement and may, in their discretion, adjust the same, as outlined in Addendum B of this Agreement, provided, however, that Employee’s annual base salary shall not be less than the base salary set forth in Section 4(A) hereof.

  • Performance by Lender If the Pledgor shall fail to perform, observe or comply with any of the conditions, covenants, terms, stipulations or agreements contained in this Agreement or any of the other Financing Documents, the Lender without notice to or demand upon the Pledgor and without waiving or releasing any of the Obligations or any Default or Event of Default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of the Pledgor, and may enter upon the premises of the Pledgor for that purpose and take all such action thereon as the Lender may consider necessary or appropriate for such purpose and the Pledgor hereby irrevocably appoints the Lender as its attorney-in-fact to do so, with power of substitution, in the name of the Lender or in the name of the Pledgor or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Pledgor and without notice to the Pledgor. All sums so paid or advanced by the Lender together with interest thereon from the date of payment, advance or incurring until paid in full at the Post-Default Rate and all costs and expenses, shall be deemed part of the Enforcement Costs, shall be paid by the Pledgor to the Lender on demand, and shall constitute and become a part of the Obligations.

  • Performance Pay In accordance with Section 8 of the General Appropriations Act for Fiscal Year 2020-2021, contingent upon the availability of funds and at the Agency Head’s discretion, each agency is authorized to grant merit pay increases based on the employee’s exemplary performance, as evidenced by a performance evaluation conducted pursuant to Rule 60L-35, Florida Administrative Code.