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 9 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 seven (7) Days in advance of an unfair declaration, or one (1) Day in advance where the production is in its last week of principal photography. (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) Where a Producer is declared unfair and Guild Members do not work or provide services to the Producer (regardless of whether or not the District Council has so instructed its Members or authorized such action), then the Producer shall not be entitled to file a grievance under article 9 herein, and no damages shall be payable nor any other relief granted to the Producer as against the Guild Members, the DGC or the District Council, and its members, officers, employees or agents. (e) The unfair Producer declaration shall be revoked by the District Council once all matters referenced above have been resolved as between the parties.

Unfair Declaration. ‌Subject to core Agreement letter of understanding No. 5 (a) The District Council may declare a Producer unfair upon written notice where a Producer: (i) Does does not abide by or declares an intent not to abide by the grievance or arbitration procedure; (ii) Refuses refuses or does not comply with a decision rendered by an Arbitrator under article 9 10.00 herein, or by a court; (iii) Refuses 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 engages Guild Members without reference to this Agreement. (b) Written notice shall be given to the Producer and the CMPA seven (7) Days days in advance of an unfair declaration, or one (1) Day day in advance where the production Production is in its last week of principal photography. (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 productionProduction. (d) Where a Producer is declared unfair and Guild Members do not work or provide services to the Producer (regardless of whether or not the District Council has so instructed its Members or authorized such action), then the Producer shall not be entitled to file a grievance under article 9 10.00 herein, and no damages shall be payable nor any other relief granted to the Producer as against the Guild Members, the DGC or the District Council, and its membersMembers, officers, employees or agents. (e) The unfair Producer declaration shall be revoked by the District Council once all matters referenced above have been resolved as between the parties.