Common use of Unfair Declaration Clause in Contracts

Unfair Declaration. (a) The District Council may declare a Producer unfair upon written notice where a Producer: i. does not abide by or declares an intent not to abide by the grievance or arbitration procedure; ii. refuses or does not comply with a decision rendered by an Arbitrator under Article 10.00 herein, or by a court; iii. refuses or does not pay the Remittances or Gross Remuneration payable to the District Council or Guild Members when the obligation to pay falls due; or iv. engages Guild Members without reference to this Agreement. (b) Written notice shall be given to the Producer and the CMPA seven (7) Days in advance of the issuance of an unfair declaration, and the notice will include a copy of the proposed unfair declaration. (c) Guild Members shall be required not to work or provide services to a Producer declared unfair by the District Council, and shall be entitled to withdraw or withhold services from the Producer in relation to any Production. (d) If the Producer or the CMPA receives notice of an unfair declaration, then the Producer or the CMPA can only refer a dispute regarding the unfair declaration within 5 Days of receipt of the notice to an arbitrator appointed pursuant to the arbitration procedure provisions of Article 10.00, who must determine the matter in accordance with this Standard Agreement and any applicable Contract for Services within twenty (20) Days of the reference to arbitration. Without limiting the scope of the arbitrator’s decision-making authority pursuant to this Standard Agreement, the arbitrator shall have the jurisdiction in respect of any unfair declaration Grievance to determine any of the following: i. Whether any individual(s) named in the unfair declaration is a Producer for the purposes of the Standard Agreement; ii. Whether a legitimate dispute relating to a failure to pay exists such that the unfair declaration ought to be deferred unless or until such time that the dispute is resolved; and iii. The appropriate remedy, which may include without limitation a direction with respect to amendment of the unfair declaration before it is issued. If a grievance is filed, then the unfair declaration will not be issued unless the arbitrator so awards. (e) The unfair Producer declaration shall be revoked by the District Council once all matters referenced above have been resolved as between the parties. (f) The parties agree that a District Council shall not issue an unfair declaration in circumstances where there is a legitimate dispute with respect to the interpretation or application of the Agreement, a grievance has been filed, and the Producer is abiding by the grievance and arbitration provision.

Unfair Declaration. ‌ (a) The District Council may declare a Producer unfair upon written notice where a Producer: i. does not abide by or declares an intent not to abide by the grievance or arbitration procedure; ii. refuses or does not comply with a decision rendered by an Arbitrator under Article 10.00 herein, or by a court; iii. refuses or does not pay the Remittances or Gross Remuneration payable to the District Council or Guild Members when the obligation to pay falls due; or iv. engages Guild Members without reference to this Agreement. (b) Written notice shall be given to the Producer and the CMPA seven (7) Days in advance of the issuance of an unfair declaration, and the notice will include a copy of the proposed unfair declaration. (c) Guild Members shall be required not to work or provide services to a Producer declared unfair by the District Council, and shall be entitled to withdraw or withhold services from the Producer in relation to any Production. (d) If the Producer or the CMPA receives notice of an unfair declaration, then the Producer or the CMPA can only refer a dispute regarding the unfair declaration within 5 Days of receipt of the notice to an arbitrator appointed pursuant to the arbitration procedure provisions of Article 10.00, who must determine the matter in accordance with this Standard Agreement and any applicable Contract for Services within twenty (20) Days of the reference to arbitration. Without limiting the scope of the arbitrator’s decision-making authority pursuant to this Standard Agreement, the arbitrator shall have the jurisdiction in respect of any unfair declaration Grievance to determine any of the following: i. Whether any individual(s) named in the unfair declaration is a Producer for the purposes of the Standard Agreement; ii. Whether a legitimate dispute relating to a failure to pay exists such that the unfair declaration ought to be deferred unless or until such time that the dispute is resolved; and iii. The appropriate remedy, which may include without limitation a direction with respect to amendment of the unfair declaration before it is issued. If a grievance is filed, then the unfair declaration will not be issued unless the arbitrator so awards. (e) The unfair Producer declaration shall be revoked by the District Council once all matters referenced above have been resolved as between the parties. (f) The parties agree that a District Council shall not issue an unfair declaration in circumstances where there is a legitimate dispute with respect to the interpretation or application of the Agreement, a grievance has been filed, and the Producer is abiding by the grievance and arbitration provision.