Common use of Performances Lost Clause in Contracts

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 performances are given in any two-week period.

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 Artist shall not be entitled to any salary for the time during which ActorArtist's services shall not for such reason or reasons be rendered, except: (1) If except the company is away from the Point of Organization, the Actor Artist shall receive one- eighth two weeks of minimum salary plus or one-seventh of half (1/2) the remaining minimum out-of-town expenses salary owed on their contract, whichever is larger, plus housing and per diem for the first day lost and one-seventh of minimum out-of-town expenses housing and per diem for each day on which performances are not given thereafter. (a1) The company may add a replacement performance in the same week as the canceled performance without any additional compensation provided the Actors Artists receive no less than 24 hours’ notice. If a performance is so scheduled, the ActorsArtists’ salary and Per Diem will not be reduced for the canceled performance;. (b2) The company may add a replacement performance in within the same or a subsequent four-(or six-, when applicable) week of the same engagement performance period 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 the Producer elected not to pay the Artists for the canceled missed performance, the Producer shall pay the Artists for the replacement performance. (c3) If a replacement performance is scheduled after the scheduled final performance of the tour, the Producer will reimburse the Actor Artist 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 Contractand, only if terminated by the Actor may terminate) and Artist, the Producer will pay for all services to date and transportation back to the Point Place of Organization Residence or the Place of Engagement, at Artist’s option. If canceled by the Producer, the Producer shall pay two weeks of minimum salary or one-half (1/2) the remaining minimum salary owed on their contract, whichever is larger and transportation back to the Place of Residence or the Place of Engagement, at Artist’s option. (See Rule 72 Section 53, 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 performances are given in any two-week period.

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- one-eighth of minimum salary plus one-seventh of minimum out-of-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 Rule 51, PERFORMANCES LOST Rule 52, PHOTOGRAPHS, PUBLICITY AND PROMOTION 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-six week reopening provision shall not apply provided that all members of the cast at the time the production closed are offered re- 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(C38(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 week without incurring any penalty or premium, so long as no more than sixteen performances are given in any two-two week period.