Common use of Performances Lost Clause in Contracts

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.

Appears in 2 contracts

Sources: Agreement and Rules Governing Employment in Resident Theatres, Agreement and Rules Governing Employment in Resident Theatres