APPLICATION OF LIMITATION. The limitation under Section 3.18 of the Plan: (Choose (a) or (b)) [X] (a) Does not apply to the Employer's Plan because the Employer does not maintain and never has maintained a defined benefit plan covering any Participant in this Plan.
APPLICATION OF LIMITATION. The limitation under Section 3.18 of the Plan: (Choose (a) or (b))
APPLICATION OF LIMITATION. [X] § 12 shall apply as written in the General Agreement.
APPLICATION OF LIMITATION. This § 11 will apply unless otherwise specified by the Parties in the Election Sheet.
APPLICATION OF LIMITATION. This § 12 (Limitation of Liability) will apply unless otherwise specified by the Parties in the Election Sheet.
APPLICATION OF LIMITATION. [ ] § 11 shall be amended or replaced in its entirety as follows:
APPLICATION OF LIMITATION. The limitation of four (4) hours of consecutive rehearsal contained in Clause 15:09 shall not apply to dress rehearsals, as defined in (A) above, whether or not an audience is present. However, should the Artists be required after 11:30 p.m., the Artist shall invoice the Engager for the additional services at Rate 1 as specified in Clause 11:09(C). Additionally, for any invasion of the overnight rest period, the Artist shall invoice the Engager for the additional services at Rate 2 as specified in Clause 11:09(C). Where there are two (2) dress rehearsals, and some double casting, each double-cast Artist shall be entitled to at least one (1) dress rehearsal. In any case, the Engager will ensure that a double-cast Artist participates in no less than one (1) on-stage rehearsal.
APPLICATION OF LIMITATION. This Section 6 shall apply only if the Employee, on an after-tax basis, would receive more value under this Agreement after the application of this Section 6 than before the application of this Section 6. For this purpose, "after-tax basis" shall mean a calculation taking into account all federal and state income and excise taxes imposed on the Employee, including (without limitation) the excise tax described in section 4999 of the Internal Revenue Code of 1986, as amended (the "Code"). If this Section 6 is applicable, it shall supersede any conflicting provision of this Agreement. The rules set forth in this Section 6 supersede all other agreements between the Employee and the Company with respect to whether the Company shall make a payment or property transfer to, or for the benefit of, the Employee that would subject the Employee to the excise tax described in section 4999 of the Code, and Section 6 of this Agreement shall be deemed to be an amendment of such agreements.
APPLICATION OF LIMITATION. The limitation under Section 3.18 of the Plan: (Choose (a) or (b)) [X] (a) Does not apply to the Employer's Plan because the Employer does not maintain and never has maintained a defined benefit plan covering any Participant in this Plan. [n/a] (b) Applies to the Employer's Plan. To the extent necessary to satisfy the limitation under Section 3.18, the Employer will reduce: (Choose (1) or (2)) [n/a] (1) The Participant's projected annual benefit under the defined benefit plan under which the Participant participates. [n/a] (2) Its contribution or allocation on behalf of the Participant to the defined contribution plan under which the Participant participates and then, if necessary, the Participant's projected annual benefit under the defined benefit plan under which the Participant participates. [Note: If the Employer selects (a), the remaining options in this Section 3.18 do not apply to the Employer's Plan.] COORDINATION WITH TOP HEAVY MINIMUM ALLOCATION. The Advisory Committee will apply the top heavy minimum allocation provisions of Section 3.04(B) of the Plan with the following modifications: (Choose (c) or at least one of (d) or (e)) [n/a] (c) No modifications. [n/a] (d) For Non-Key Employees participating only in this Plan, the top heavy minimum allocation is the minimum allocation described in Section 3.04(B) determined by substituting % (not less than 4%) for "3%," except: (Choose (1) or (2)) [n/a] (1) No exceptions. [n/a] (2) Plan Years in which the top heavy ratio exceeds 90%.
APPLICATION OF LIMITATION. This Section 9 shall apply only if the Employee, on an after-tax basis, would receive more value under this Agreement after the application of this Section 9 than before the application of this Section 9. For this purpose, "after-tax basis" shall mean a calculation taking into account all federal and state income and excise taxes imposed on the Employee, including (without limitation) the excise tax described in section 4999 of the Internal Revenue Code of 1986, as amended (the "Code"). If this Section 9 is applicable, it shall supersede any conflicting provision of this Agreement.
