CONTINUITY OF MANAGEMENT. The name or names of at least one and not more than four persons active in the business of the Agent must be inserted herein, as provided in A, B or C below, otherwise this agreement shall not be valid. A. The large agencies, International Creative Management, Xxxxxxx Xxxxxx Agency, and other agencies approved by DGA in this classification, may name two persons and Director may name two persons for a total of four. Only one of the two named by the Agency may be an administrative or executive employee of the Agency, and the death, discharge, or unavailability of any three will give the Director the right to terminate. B. Agencies employing more than three agents but not in the classification provided for in subparagraph A of this paragraph 2 may list two persons, one designated by the Director, one by Agency. The death, discharge or unavailability of both persons will give the Director the right to terminate. C. Agencies employing three agents or less Agent shall choose one person and Director may, if he wishes, appoint one person to be named. If the person designated by the Agency leaves or is unavailable, the Director may terminate. Each name inserted by a Director pursuant to the above provisions shall be selected after reasonable advice from and consultation with the Agent to determine the availability and suitability of the person named by the Director. It shall not be deemed a violation of these Regulations if there is a bona fide dispute as to the availability or suitability of the Agent or Agents selected by the Director. Further, absent such dispute, in the event a Director fails to insert a name or names as herein above provided after having the opportunity to do so, the Agent may fill in the name or names for the Director. In all cases, if the person or persons nominated by Director leaves the Agency, the Director may nominate a replacement and if a person or persons nominated by the Agency leaves the Agency, the Agency may nominate a replacement. The Director shall be notified by Agent where (1) a person named leaves the Agency or is unavailable other than for illness, (2) a named person is transferred to another office or agency, or (3) a named person is given a 6 months leave of absence. Upon the happening of an event giving Director a right of termination as provided in A., B., or C. above, Agent shall notify promptly the Director in writing of his right to terminate. In said notice Agent may name a person or persons in substitution of a person or persons previously nominated by Agent who shall be deemed named in this paragraph if the Director does not elect to terminate hereunder. Upon receipt of such notice from the Agent, the Director may elect to terminate the employment of the Agent hereunder by notice in writing to that effect to be given no later than fifteen (15) days after receipt by Director of such notice from Agent. Failure of the Director to exercise the right to terminate within the time provided shall be deemed a waiver of such right and the agency contract shall continue in full force and effect with the persons named in the notice from the Agent deemed substituted in the place of the persons who have become inactive.
Appears in 2 contracts
Samples: Agreement Between Association of Talent Agents and Directors Guild of America, Inc., Agreement Between Association of Talent Agents and Directors Guild of America, Inc.
CONTINUITY OF MANAGEMENT. The name or names Rider “D” will provide for the maximum number of at least one and not more than four persons active agents who may be shown in the business continuity of the Agent must be inserted herein, management clause as provided in A, B or C below, otherwise this agreement shall not be valid.follows:
A. The large agenciesAgencies, International Creative Management, Xxxxxxx Xxxxxx Agency, and other agencies approved by DGA in this classification, may name two persons and Director may name two persons for a total of four. Only one of the two named by the Agency may be an administrative or executive employee of the Agencyagency, and the death, discharge, or unavailability of any three will give the Director the right to terminate.
B. Agencies employing more than three agents but not in the classification provided for in subparagraph A of this paragraph 2 9 may list two persons, one designated by the Director, one by the Agency. The death, discharge or unavailability of both persons will give the Director the right to terminate.
C. Agencies employing three agents or less less: Agent shall choose one person and Director may, if he wishes, appoint one person to be named. If the person designated by the Agency leaves or is unavailable, the Director may terminate. Each name inserted selected by a Director pursuant to the above provisions shall be selected after reasonable advice from and consultation with the Agent to determine the availability and suitability of the person named by the Director. It shall not be deemed a violation of these Regulations this Agreement if there is a bona fide dispute as to the availability or suitability of the Agent agent or Agents agents selected by the Director. Further, absent such disputedisputes, in the event a Director fails to insert a name or names as herein above xxxxxxxxxxx provided after having the opportunity to do so, the Agent may fill in the name or names for the Director. In all cases, if the person or persons nominated by Director leaves leave the Agency, the Director may nominate a replacement and if a the person or persons nominated by the Agency leaves leave the Agency, the Agency may nominate a replacement. The Director shall be notified by Agent where (1) a person named leaves the Agency or is unavailable for other than for illness, (2) a named person is transferred to another office or agency, or (3) a named person is given a 6 months leave of absence. Upon the happening of an event giving Director a right of termination as provided in A., B., or C. above, Agent shall notify promptly the Director in writing of his right to terminate. In said notice Agent may name a person or persons in substitution of a person or persons previously nominated by Agent who shall be deemed named in this paragraph if the Director does not elect to terminate hereunder. Upon receipt of such notice from the Agent, the Director may elect to terminate the employment of the Agent hereunder by notice in writing to that effect to be given no later than fifteen (15) days after receipt by Director of such notice from Agent. Failure of the Director to exercise the right to terminate within the time provided shall be deemed a waiver of such right and the agency contract shall continue in full force and effect with the persons named in the notice from the Agent deemed substituted in the place of the persons who have become inactive.
Appears in 1 contract
Samples: Agreement Between Association of Talent Agents and Directors Guild of America, Inc.
CONTINUITY OF MANAGEMENT. The name or names Rider “D” will provide for the maximum number of at least one and not more than four persons active agents who may be shown in the business continuity of the Agent must be inserted herein, management clause as provided in A, B or C below, otherwise this agreement shall not be valid.follows:
A. The large agenciesAgencies, International Creative Management, Xxxxxxx Xxxxxx Agency, and other agencies approved by DGA in this classification, may name two persons and Director may name two persons for a total of four. Only one of the two named by the Agency may be an administrative or executive employee of the Agencyagency, and the death, discharge, or unavailability of any three will give the Director the right to terminate.
B. Agencies employing more than three agents but not in the classification provided for in subparagraph A of this paragraph 2 9 may list two persons, one designated by the Director, one by the Agency. The death, discharge or unavailability of both persons will give the Director the right to terminate.
C. Agencies employing three agents or less less: Agent shall choose one person and Director may, if he wishes, appoint one person to be named. If the person designated by the Agency leaves or is unavailable, the Director may terminate. Each name inserted selected by a Director pursuant to the above provisions shall be selected after reasonable advice from and consultation with the Agent to determine the availability and suitability of the person named by the Director. It shall not be deemed a violation of these Regulations this Agreement if there is a bona fide dispute as to the availability or suitability of the Agent agent or Agents agents selected by the Director. Further, absent such disputedisputes, in the event a Director fails to insert a name or names as herein above hereinabove provided after having the opportunity to do so, the Agent may fill in the name or names for the Director. In all cases, if the person or persons nominated by Director leaves leave the Agency, the Director may nominate a replacement and if a the person or persons nominated by the Agency leaves leave the Agency, the Agency may nominate a replacement. The Director shall be notified by Agent where (1) a person named leaves the Agency or is unavailable for other than for illness, (2) a named person is transferred to another office or agency, or (3) a named person is given a 6 months leave of absence. Upon the happening of an event giving Director a right of termination as provided in A., B., or C. above, Agent shall notify promptly the Director in writing of his right to terminate. In said notice Agent may name a person or persons in substitution of a person or persons previously nominated by Agent who shall be deemed named in this paragraph if the Director does not elect to terminate hereunder. Upon receipt of such notice from the Agent, the Director may elect to terminate the employment of the Agent hereunder by notice in writing to that effect to be given no later than fifteen (15) days after receipt by Director of such notice from Agent. Failure of the Director to exercise the right to terminate within the time provided shall be deemed a waiver of such right and the agency contract shall continue in full force and effect with the persons named in the notice from the Agent deemed substituted in the place of the persons who have become inactive.
Appears in 1 contract
Samples: Agreement Between Association of Talent Agents and Directors Guild of America, Inc.