Common use of WITHDRAWAL FROM CONTRACT Clause in Contracts

WITHDRAWAL FROM CONTRACT. ‌ Where it has been established that the Engager has failed to comply with the requirements of the Clauses 12:01 and 12:02, then the Artist may withdraw from the Artist's Opera Agreement Engagement Contract without liability and shall be entitled to the Artist's contractual compensation. The Opera Agreement Engagement Contract of any Artist who is convicted of contravening the Criminal Code and/or the Controlled Drugs and Substances Act may be terminated immediately without further payment, at the discretion of the Engager, Equity consenting. 13:00 COMPENSATION ‌ 13:01 Salaries Paid in Legal Tender‌ In Canada, all payments required to be made by the Engager to the Artist shall be in the legal tender of Canada. 13:02 Payment‌ (A) Fees‌ Payment of fees to the Artist may be made by Direct Deposit, Wire Transfer, cash, certified cheque or company cheque. If fee payment is made by cheque, such cheques must be made available to the Artist on the day before the final banking day of the week at the place where the Artist is rehearsing or performing, prior to the Artist's last call of the day. Payment by direct deposit must be deposited into the Artist's bank account by the start of banking each Friday. If Friday is a bank holiday, the deposit must be made by the start of banking on the Thursday. In the event that the Artist is not called on the day before the final banking day of the week, the Engager shall endeavour to make such cheques available to the Artist on the preceding day. Additionally, the Engager shall provide to the Artist their final payment(s) no later than the last day of their Opera Agreement Engagement Contract. (B) While on Tour‌ While on tour cheques shall be made available with sufficient time to enable the Artist to cash such cheques prior to the final banking day of the week. The per diem referred to in Clause 13:10 shall be paid to the Artist on the pay day of the week prior to the week for which it is applicable. In the case of international touring, unless the Artist is being paid by direct deposit, payment for the Artist's contractual fees for the duration of the tour shall be presented to the Artist prior to departure with sufficient time to enable the Artist to cash the cheque prior to leaving the Engager's point of origin. (C) Per Performance Fees‌ (i) Artists contracted on a per performance fee basis must receive full and final payment no later than the half-hour call for the Artist's final performance; (ii) Artists contracted on a per performance fee basis may negotiate a payment schedule to provide for a partial payment of the contractual fee during the rehearsal period. Any negotiated payment schedule must be included as a rider to the Artist's Opera Agreement Engagement Contract. (iii) Whenever reference is made in the Agreement to a weekly fee or a proportion of a weekly fee the provisions of Clause 18:01(C) shall apply for the purposes of calculation with respect to those Artists engaged on a per performance basis. However, the per performance fee will apply in all cases requiring calculation with respect to the number of performances given.

WITHDRAWAL FROM CONTRACT. ‌ Where it has been established that the Engager has failed to comply with the requirements of the Clauses 12:01 and 12:02, then the Artist may withdraw from the Artist's Opera Agreement Engagement Contract without liability and shall be entitled to the Artist's contractual compensation. The Opera Agreement Engagement Contract of any Artist who is convicted of contravening the Criminal Code and/or the Controlled Drugs and Substances Act may be terminated immediately without further payment, at the discretion of the Engager, Equity consenting. 13:00 COMPENSATION ‌ 13:01 Salaries Paid in Legal Tender‌ In Canada, all payments required to be made by the Engager to the Artist shall be in the legal tender of Canada. 13:02 Payment‌ (A) Fees‌ Payment of fees to the Artist may be made in cash or by Direct Deposit, Wire Transfer, cash, certified cheque or by company chequecheque or at the request of the Artist, may be made by direct deposit or in the case of a non-resident Artist by wire transfer, to the Artist's account. If fee payment is made by cheque, such cheques must be made available to the Artist on the day before the final banking day of the week at the place where the Artist is rehearsing or performing, prior to the Artist's last call of the day. Payment by direct deposit must be deposited into the Artist's bank account by the start of banking each Friday. If Friday is a bank holiday, the deposit must be made by the start of banking on the Thursday. In the event that the Artist is not called on the day before the final banking day of the week, the Engager shall endeavour to make such cheques available to the Artist on the preceding day. Additionally, the Engager shall provide to the Artist their final payment(s) no later than the last day of their Opera Agreement Engagement Contract. (B) While on Tour‌ While on tour cheques shall be made available with sufficient time to enable the Artist to cash such cheques prior to the final banking day of the week. The per diem referred to in Clause 13:10 shall be paid to the Artist on the pay day of the week prior to the week for which it is applicable. In the case of international touring, unless the Artist is being paid by direct deposit, payment for the Artist's contractual fees for the duration of the tour shall be presented to the Artist prior to departure with sufficient time to enable the Artist to cash the cheque prior to leaving the Engager's point of origin. (C) Per Performance Fees‌ (i) Artists contracted on a per performance fee basis must receive full and final payment no later than the half-hour call for the Artist's final performance; (ii) Artists contracted on a per performance fee basis may negotiate a payment schedule to provide for a partial payment of the contractual fee during the rehearsal period. Any negotiated payment schedule must be included as a rider to the Artist's Opera Agreement Engagement Contract. (iii) Whenever reference is made in the Agreement to a weekly fee or a proportion of a weekly fee the provisions of Clause 18:01(C) shall apply for the purposes of calculation with respect to those Artists engaged on a per performance basis. However, the per performance fee will apply in all cases requiring calculation with respect to the number of performances given.

WITHDRAWAL FROM CONTRACT. ‌ Where it has been established that the Engager has failed to comply with the requirements of the Clauses 12:01 and 12:02, then the Artist may withdraw from the Artist's ’s Opera Agreement Engagement Contract without liability and shall be entitled to the Artist's ’s contractual compensation. The Opera Agreement Engagement Contract of any Artist who is convicted of contravening the Criminal Code and/or the Controlled Drugs and Substances Narcotics Control Act may be terminated immediately without further payment, at the discretion of the Engager, Equity consenting. 13:00 COMPENSATION ‌ 13:01 Salaries Paid in Legal Tender‌ In Canada, all payments required to be made by the Engager to the Artist shall be in the legal tender of Canada. 13:02 Payment‌ (A) Fees‌ Payment of fees to the Artist may be made in cash or by Direct Deposit, Wire Transfer, cash, certified cheque or by company chequecheque or at the request of the Artist, may be made by direct deposit or in the case of a non-resident Artist by wire transfer, to the Artist’s account, except as provided for in the attached individual company's schedule. If fee payment is made by cheque, such cheques must be made available to the Artist on the day before the final banking day of the week at the place where the Artist is rehearsing or performing, prior to the Artist's last call of the day. Payment by direct deposit must be deposited into the Artist's ’s bank account by the start of banking each Friday. If Friday is a bank holiday, the deposit must be made by the start of banking on the Thursday. In the event that the Artist is not called on the day before the final banking day of the week, the Engager shall endeavour to make such cheques available to the Artist on the preceding day. Additionally, the Engager shall provide to the Artist their his/her final payment(s) no later than the last day of their his/her Opera Agreement Engagement Contract. (B) While on Tour‌ While on tour cheques shall be made available with sufficient time to enable the Artist to cash such cheques prior to the final banking day of the week. The per diem referred to in Clause 13:10 shall be paid to the Artist on the pay day of the week prior to the week for which it is applicable. In the case of international touring, unless the Artist is being paid by direct deposit, payment for the Artist's ’s contractual fees for the duration of the tour shall be presented to the Artist prior to departure with sufficient time to enable the Artist to cash the cheque prior to leaving the Engager's ’s point of origin. (C) Per Performance Fees‌ (i) Artists contracted on a per performance fee basis must receive full and final payment no later than the half-hour call for the Artist's final performance; (ii) Artists contracted on a per performance fee basis may negotiate a payment schedule to provide for a partial payment of the contractual fee during the rehearsal period. Any negotiated payment schedule must be included as a rider to the Artist's Opera Agreement Engagement Contract. (iii) Whenever reference is made in the Agreement to a weekly fee or a proportion of a weekly fee the provisions of Clause 18:01(C) shall apply for the purposes of calculation with respect to those Artists engaged on a per performance basis. However, the per performance fee will apply in all cases requiring calculation with respect to the number of performances given.