Common use of Daily and Weekly Schedule Employees Clause in Contracts

Daily and Weekly Schedule Employees. (1) Vacations are earned in one personal income tax earnings year and are paid for in the succeeding calendar year. (2) Vacations shall not be cumulative between calendar years and shall be taken at times approved by the Producer. However, if an employee requests and receives a postponement of his scheduled vacation and, during such postponement, his rate of pay is increased, his vacation pay shall be computed at the rate which was in effect when the vacation was scheduled to be taken. If the Producer postpones any scheduled vacation, the vacation pay shall be computed at the rate in effect when the vacation is actually taken. If production requirements prevent the taking of vacations in the "succeeding" year, no new assignment shall be given the employee in the year following such "succeeding" year until the employee has taken his vacation earned in the "preceding" year. In this event, such delayed vacation shall not be considered "cumulative" with the normal vacation of that calendar year. (3) Days that would otherwise be considered the sixth or seventh day in the employee's workweek and holidays occurring during vacation periods are not counted as days granted. (4) When any portion of the vacation period is less than a full payroll week by mutual agreement between the Producer and the employee, the Producer may grant leave of absence without pay for the remaining fractional portion of the payroll week. (5) Eligible employees who are no longer employed at the beginning of the calendar year in which their vacation pay for the preceding year is payable may obtain such vacation pay at any time subsequent to March 15 by notifying the Producer of their desire to obtain such vacation pay. Such notice shall set forth a date on or subsequent to the date of notice for the commencement of the period to which such vacation pay shall apply. The designation of such commencement date shall be at the sole discretion of such employees and the Producer agrees to pay such employees the vacation pay due on or prior to such commencement date, but in no event shall the Producer be obligated to make such payment prior to March 15. (6) In the event of a layoff, an employee eligible for vacation shall not be required to take vacation at time of layoff. (7) Each eligible employee shall, if he so desires, submit to his Department Head, prior to June 1st, three (3) vacation dates in the order of his preference. In the event that none of the three preferential dates is granted, the Department Head may establish date of vacation if conditions permit. However, he shall give any such employee not less than one week's notice as to date of vacation unless, upon the request of the employee, it is otherwise mutually agreed. Employees who do not submit preferential dates shall receive vacations on dates subject to the discretion of the Department Head. (8) Producer shall pay an eligible employee his vacation pay check not later than noon of the pay day preceding the commencement day of his vacation, provided the employee has made a request to Producer for such vacation check at least one week prior to such pay day preceding the commencement of such vacation. (9) If a successor company buys out Producer and continues the operation of Producer's studio, and if the buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate vacation pay experience credit accrued with the selling company. If such employee is not so continued in employment by the buying company, then Producer only is responsible for any vacation pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall be entitled to his accrued vacation pay from Producer.

Daily and Weekly Schedule Employees. (1) Vacations are earned in one personal income tax earnings year and are paid for in the succeeding calendar year. (2) Vacations shall not be cumulative between calendar years and shall be taken at times approved by the Producer. However, if an employee requests and receives a postponement of his scheduled vacation and, during such postponement, his rate of pay is increased, his vacation pay shall be computed at the rate which was in effect when the vacation was scheduled to be taken. If the Producer postpones any scheduled vacation, the vacation pay shall be computed at the rate in effect when the vacation is actually taken. If production requirements prevent the taking of vacations in the "succeeding" year, no new assignment shall be given the employee in the year following such "succeeding" year until the employee has taken his vacation earned in the "preceding" year. In this event, such delayed vacation shall not be considered "cumulative" with the normal vacation of that calendar year. (3) Days that would otherwise be considered the sixth Sixth or seventh day days in the employee's ’s workweek (for daily employees), days outside the regular workweek of weekly employees and holidays occurring during vacation periods are not counted as days granted. (4) When any portion of the vacation period is less than a full payroll week by mutual agreement between the Producer and the employee, the Producer may grant leave of absence without pay for the remaining fractional portion of the payroll week. (5) Eligible employees who are no longer employed at the beginning of the calendar year in which their vacation pay for the preceding year is payable may obtain such vacation pay at any time subsequent to March 15 by notifying the Producer of their desire to obtain such vacation pay. Such notice shall set forth a date on or subsequent to the date of notice for the commencement of the period to which such vacation pay shall apply. The designation of such commencement date shall be at the sole discretion of such employees employees, and the Producer agrees to pay such employees the vacation pay due on or prior to such commencement date, but in no event shall the Producer be obligated to make such payment prior to March 15. (6) In the event of a layoff, an employee eligible for vacation shall not be required to take vacation at time of layoff. (7) Each eligible employee shall, if he so desires, submit to his Department Headdepartment head, prior to June 1st, three (3) vacation dates in the order of his preference. In the event that none of the three (3) preferential dates is granted, the Department Head department head may establish date of vacation if conditions permit. However, he shall give any such employee not less than one (1) week's ’s notice as to date of vacation unless, upon the request of the employee, it is otherwise mutually agreed. Employees who do not submit preferential dates shall receive vacations on dates subject to the discretion of the Department Headdepartment head. (8) Producer shall pay an eligible employee his vacation pay check not later than noon of the pay day preceding the commencement day of his vacation, provided the employee has made a request to Producer for such vacation check at least one week prior to such pay day preceding the commencement of such vacation. (9) If a successor company buys out Producer and continues the operation of Producer's ’s studio, and if the buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate vacation pay experience credit accrued with the selling company. If such employee is not so continued in employment by the buying company, then only Producer only is responsible for any vacation pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall be entitled to his accrued vacation pay from Producer.

Daily and Weekly Schedule Employees. (1) Vacations are earned in one personal income tax earnings year and are paid for in the succeeding calendar year. (2) Vacations shall not be cumulative between calendar years and shall be taken at times approved by the Producer. However, if an employee requests and receives a postponement of his scheduled vacation and, during such postponement, his rate of pay is increased, his vacation pay shall be computed at the rate which was in effect when the vacation was scheduled to be taken. If the Producer postpones any scheduled vacation, the vacation pay shall be computed at the rate in effect when the vacation is actually taken. If production requirements prevent the taking of vacations in the "succeeding" year, no new assignment shall be given the employee in the year following such "succeeding" year until the employee has taken his vacation earned in the "preceding" year. In this event, such delayed vacation shall not be considered "cumulative" with the normal vacation of that calendar year. (3) Days that would otherwise be considered constitute the sixth or seventh day worked in the employee's workweek and holidays occurring during vacation periods are not counted as days granted. (4) When any portion of the vacation period is less than a full payroll week week, by mutual agreement between the Producer and the employee, the Producer may grant leave of absence without pay for the remaining fractional portion of the payroll week. (5) Eligible employees who are no longer employed at the beginning of the calendar year in which their vacation pay for the preceding year is payable may obtain such vacation pay at any time subsequent to March 15 by notifying the Producer of their desire to obtain such vacation pay. Such notice shall set forth a date on or subsequent to the date of notice for the commencement of the period to which such vacation pay shall apply. The designation of such commencement date shall be at the sole discretion of such employees employees, and the Producer agrees to pay such employees the vacation pay due on or prior to such commencement date, but in no event shall the Producer be obligated to make such payment prior to March 15. (6) In the event of a layoff, an employee eligible for vacation shall not be required to take vacation at time of layoff. (7) Each eligible employee shall, if he so desires, submit to his Department Headdepartment head, prior to June 1st, three (3) vacation dates in the order of his preference. In the event that none of the three (3) preferential dates is granted, the Department Head department head may establish date of vacation if conditions permit. However, he shall give any such employee not less than one (1) week's notice as to date of vacation unless, upon the request of the employee, it is otherwise mutually agreed. Employees who do not submit preferential dates shall receive vacations on dates subject to the discretion of the Department Headdepartment head. (8) Producer shall pay an eligible employee his vacation pay check not later than noon of the pay day preceding the commencement day of his vacation, provided the employee has made a request to Producer for such vacation check at least one week prior to such pay day preceding the commencement of such vacation. (9) If a successor company buys out Producer and continues the operation of Producer's studio, and if the buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate vacation pay experience credit accrued with the selling company. If such employee is not so continued in employment by the buying company, then only Producer only is responsible for any vacation pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall be entitled to his accrued vacation pay from Producer.

Daily and Weekly Schedule Employees. (1) Vacations are earned in one personal income tax earnings year and are paid for in the succeeding calendar year. (2) Vacations shall not be cumulative between calendar years and shall be taken at times approved by the Producer. However, if an employee requests and receives a postponement of his scheduled vacation and, during such postponement, his rate of pay is increased, his vacation pay shall be computed at the rate which was in effect when the vacation was scheduled to be taken. If the Producer postpones any scheduled vacation, the vacation pay shall be computed at the rate in effect when the vacation is actually taken. If production requirements prevent the taking of vacations in the "succeeding" year, no new assignment shall be given the employee in the year following such "succeeding" year until the employee has taken his vacation earned in the "preceding" year. In this event, such delayed vacation shall not be considered "cumulative" with the normal vacation of that calendar year. (3) Days that would otherwise be considered constitute the sixth or seventh day in the an employee's workweek and holidays occurring during vacation periods are not counted as days granted. (4) When any portion of the vacation period is less than a full payroll week week, by mutual agreement between the Producer and the employee, the Producer may grant leave of absence without pay for the remaining fractional portion of the payroll week. (5) Eligible employees who are no longer employed at the beginning of the calendar year in which their vacation pay for the preceding year is payable may obtain such vacation pay at any time subsequent to March 15 by notifying the Producer of their desire to obtain such vacation pay. Such notice shall set forth a date on or subsequent to the date of notice for the commencement of the period to which such vacation pay shall apply. The designation of such commencement date shall be at the sole discretion of such employees and the Producer agrees to pay such employees the vacation pay due on or prior to such commencement date, but in no event shall the Producer be obligated to make such payment prior to March 15. (6) In the event of a layoff, an employee eligible for vacation shall not be required to take vacation at time of layoff. (7) Each eligible employee shall, if he so desires, submit to his Department Head, prior to as soon as possible after June 1st, three (3) vacation dates in the order of his preference. In the event that none of the three preferential dates is granted, the Department Head may establish date of vacation if conditions permit. However, he shall give any such employee not less than one week's notice as to date of vacation unless, upon the request of the employee, it is otherwise mutually agreed. Employees who do not submit preferential dates shall receive vacations on dates subject to the discretion of the Department Head. (8) Producer shall pay an eligible employee his vacation pay check not later than noon of the pay day preceding the commencement day of his vacation, provided the employee has made a request to Producer for such vacation check at least one (1) week prior to such pay day preceding the commencement of such vacation. (9) If a successor company buys out Producer and continues the operation of Producer's studio, and if the buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate vacation pay experience credit accrued with the selling company. If such employee is not so continued in employment by the buying company, then Producer only is responsible for any vacation pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall be entitled to his accrued vacation pay from Producer. (10) Presentation of Claim for Vacation and/or Holiday Pay

Daily and Weekly Schedule Employees. (1) Vacations are earned in one personal income tax earnings year and are paid for in the succeeding calendar year. (2) Vacations shall not be cumulative between calendar years and shall be taken at times approved by the Producer. However* For purposes of calendar year 1988, if an employee requests and receives a postponement of his scheduled vacation and, during such postponement, his rate of pay is increased, his vacation pay the “more than one hundred fifty (150) ‘straight time’ days” requirement shall be computed at reduced to “more than eighty-eight (88) ‘straight time’ days” to take account of the rate which was in effect when the vacation was scheduled to be taken. If the Producer postpones any scheduled vacation, the vacation pay shall be computed at the rate in effect when the vacation is actually taken. If production requirements prevent the taking of vacations in the "succeeding" year, no new assignment shall be given the employee in the year following such "succeeding" year until the employee has taken his vacation earned in the "preceding" year. In this event, such delayed vacation shall not be considered "cumulative" with the normal vacation of that calendar yearWGA strike. (3) Days that would otherwise be considered constitute the sixth or seventh day worked in the employee's ’s workweek and holidays occurring during vacation periods are not counted as days granted. (4) When any portion of the vacation period is less than a full payroll week week, by mutual agreement between the Producer and the employee, the Producer may grant leave of absence without pay for the remaining fractional portion of the payroll week. (5) Eligible employees who are no longer employed at the beginning of the calendar year in which their vacation pay for the preceding year is payable may obtain such vacation pay at any time subsequent to March 15 by notifying the Producer of their desire to obtain such vacation pay. Such notice shall set forth a date on or subsequent to the date of notice for the commencement of the period to which such vacation pay shall apply. The designation of such commencement date shall be at the sole discretion of such employees employees, and the Producer agrees to pay such employees the vacation pay due on or prior to such commencement date, but in no event shall the Producer be obligated to make such payment prior to March 15. (6) In the event of a layoff, an employee eligible for vacation shall not be required to take vacation at time of layoff. (7) Each eligible employee shall, if he so desires, submit to his Department Headdepartment head, prior to as soon as possible after June 1st, three (3) vacation dates in the order of his preference. In the event that none of the three preferential dates is granted, the Department Head department head may establish date of vacation if conditions permit. However, he shall give any such employee not less than one week's ’s notice as to date of vacation vacation, unless, upon the request of the employee, it is otherwise mutually agreed. Employees who do not submit preferential dates shall receive vacations on dates subject to the discretion of the Department Headdepartment head. (8) Producer shall pay an eligible employee his vacation pay check not later than noon of the pay day payday preceding the commencement day of his vacation, provided the employee has made a request to Producer for such vacation check at least one (1) week prior to such pay day payday preceding the commencement of such vacation. (9) If a successor company buys out Producer another producing company and continues the operation of Producer's selling company’s studio, and then if the buying company continues the employment at the studio of an employee of Producerthe selling company, such employee shall retain with the buying company his appropriate vacation pay experience credit accrued with the selling company. If such employee is not so continued in employment by the buying company, then Producer the selling company only is responsible for any vacation pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall be entitled to his accrued vacation pay from Producerthe selling company.

Daily and Weekly Schedule Employees. (1) Vacations are earned in one personal income tax earnings year and are paid for in the succeeding calendar year. (2) Vacations shall not be cumulative between calendar years and shall be taken at times approved by the Producer. However** For purposes of calendar year 1988, if an employee requests and receives a postponement of his scheduled vacation and, during such postponement, his rate of pay is increased, his vacation pay the "more than one hundred fifty (150) 'straight time' days" requirement shall be computed at reduced to "more than eighty-eight (88) 'straight time' days" to take account of the rate which was in effect when the vacation was scheduled to be taken. If the Producer postpones any scheduled vacation, the vacation pay shall be computed at the rate in effect when the vacation is actually taken. If production requirements prevent the taking of vacations in the "succeeding" year, no new assignment shall be given the employee in the year following such "succeeding" year until the employee has taken his vacation earned in the "preceding" year. In this event, such delayed vacation shall not be considered "cumulative" with the normal vacation of that calendar yearWGA strike. (3) Days that would otherwise be considered constitute the sixth or seventh day worked in the employee's workweek and holidays occurring during vacation periods are not counted as days granted. (4) When any portion of the vacation period is less than a full payroll week week, by mutual agreement between the Producer and the employee, the Producer may grant leave of absence without pay for the remaining fractional portion of the payroll week. (5) Eligible employees who are no longer employed at the beginning of the calendar year in which their vacation pay for the preceding year is payable may obtain such vacation pay at any time subsequent to March 15 by notifying the Producer of their desire to obtain such vacation pay. Such notice shall set forth a date on or subsequent to the date of notice for the commencement of the period to which such vacation pay shall apply. The designation of such commencement date shall be at the sole discretion of such employees employees, and the Producer agrees to pay such employees the vacation pay due on or prior to such commencement date, but in no event shall the Producer be obligated to make such payment prior to March 15. (6) In the event of a layoff, an employee eligible for vacation shall not be required to take vacation at time of layoff. (7) Each eligible employee shall, if he so desires, submit to his Department Headdepartment head, prior to June 1st, three (3) vacation dates in the order of his preference. In the event that none of the three (3) preferential dates is granted, the Department Head department head may establish date of vacation if conditions permit. However, he shall give any such employee not less than one week's notice as to date of vacation unless, upon the request of the employee, it is otherwise mutually agreed. Employees who do not submit preferential dates shall receive vacations on dates subject to the discretion of the Department Headdepartment head. (8) Producer shall pay an eligible employee his vacation pay check not later than noon of the pay day preceding the commencement day of his vacation, provided the employee has made a request to Producer for such vacation check at least one week prior to such pay day preceding the commencement of such vacation. (9) If a successor company buys out Producer and continues the operation of Producer's studio, and if the buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate vacation pay experience credit accrued with the selling company. If such employee is not so continued in employment by the buying company, then only Producer only is responsible for any vacation pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall be entitled to his accrued vacation pay from Producer.

Daily and Weekly Schedule Employees. (1) Vacations are earned in one personal income tax earnings year and are paid for in the succeeding calendar year. (2) Vacations shall not be cumulative between calendar years and shall be taken at times approved by the Producer. However, if an employee requests and receives a postponement of his scheduled vacation and, during such postponement, his rate of pay is increased, his vacation pay shall be computed at the rate which was in effect when the vacation was scheduled to be taken. If the Producer postpones any scheduled vacation, the vacation pay shall be computed at the rate in effect when the vacation is actually taken. If production requirements prevent the taking of vacations in the "succeeding" year, no new assignment shall be given the employee in the year following such "succeeding" year until the employee has taken his vacation earned in the "preceding" year. In this event, such delayed vacation shall not be considered "cumulative" with the normal vacation of that calendar year. (3) Days that would otherwise be considered constitute the sixth or seventh day in the employee's ’s workweek and holidays occurring during vacation periods are not counted as days granted. (4) When any portion of the vacation period is less than a full payroll week week, by mutual agreement between the Producer and the employee, the Producer may grant leave of absence without pay for the remaining fractional portion of the payroll week. (5) Eligible employees who are no longer employed at the beginning of the calendar year in which their vacation pay for the preceding year is payable may obtain such vacation pay at any time subsequent to March 15 by notifying the Producer of their desire to obtain such vacation pay. Such notice shall set forth a date on or subsequent to the date of notice for the commencement of the period to which such vacation pay shall apply. The designation of such commencement date shall be at the sole discretion of such employees employees, and the Producer agrees to pay such employees the vacation pay due on or prior to such commencement date, but in no event shall the Producer be obligated to make such payment prior to March 15. (6) In the event of a layoff, an employee eligible for vacation shall not be required to take vacation at time of layoff. (7) Each eligible employee shall, if he so desires, submit to his Department Headdepartment head, prior to June 1st, three (3) vacation dates in the order of his preference. In the event that none of the three (3) preferential dates is granted, the Department Head department head may establish date of vacation if conditions permit. However, he shall give any such employee not less than one week's ’s notice as to date of vacation unless, upon the request of the employee, it is otherwise mutually agreed. Employees who do not submit preferential dates shall receive vacations on dates subject to the discretion of the Department Headdepartment head. (8) Producer shall pay an eligible employee his vacation pay check not later than noon of the pay day preceding the commencement day of his vacation, provided the employee has made a request to Producer for such vacation check at least one week prior to such pay day preceding the commencement of such vacation. (9) If a successor company buys out Producer and continues the operation of Producer's ’s studio, and if the buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate vacation pay experience credit accrued with the selling company. If such employee is not so continued in employment by the buying company, then only Producer only is responsible for any vacation pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall be entitled to his accrued vacation pay from Producer.

Daily and Weekly Schedule Employees. (1) Vacations are earned in one personal income tax earnings year and are paid for in the succeeding calendar year. (2) Vacations shall not be cumulative between calendar years and shall be taken at times approved by the Producer. However, if an employee requests and receives a postponement of his scheduled vacation and, during such postponement, his rate of pay is increased, his vacation pay shall be computed at the rate which was in effect when the vacation was scheduled to be taken. If the Producer postpones any scheduled vacation, the vacation pay shall be computed at the rate in effect when the vacation is actually taken. If production requirements prevent the taking of vacations in the "succeeding" year, no new assignment shall be given the employee in the year following such "succeeding" year until the employee has taken his vacation earned in the "preceding" year. In this event, such delayed vacation shall not be considered "cumulative" with the normal vacation of that calendar year. (3) Days that would otherwise be considered constitute the sixth or seventh day worked in the an employee's ’s workweek and holidays occurring during vacation periods are not counted as days granted. (4) When any portion of the vacation period is less than a full payroll week week, by mutual agreement between the Producer and the employee, the Producer may grant leave of absence without pay for the remaining fractional portion of the payroll week. (5) Eligible employees who are no longer employed at the beginning of the calendar year in which their vacation pay for the preceding year is payable may obtain such vacation pay at any time subsequent to March 15 by notifying the Producer of their desire to obtain such vacation pay. Such notice shall set forth a date on or subsequent to the date of notice for the commencement of the period to which such vacation pay shall apply. The designation of such commencement date shall be at the sole discretion of such employees employees, and the Producer agrees to pay such employees the vacation pay due on or prior to such commencement date, but in no event shall the Producer be obligated to make such payment prior to March 15. (6) In the event of a layoff, an employee eligible for vacation shall not be required to take vacation at time of layoff. (7) Each eligible employee shall, if he so desires, submit to his Department Headdepartment head, prior to June 1st, three (3) vacation dates in the order of his preference. In the event that none of the three (3) preferential dates is granted, the Department Head department head may establish date of vacation if conditions permit. However, he shall give any such employee not less than one week's ’s notice as to date of vacation unless, upon the request of the employee, it is otherwise mutually agreed. Employees who do not submit preferential dates shall receive vacations on dates subject to the discretion of the Department Headdepartment head. (8) Producer shall pay an eligible employee his vacation pay check not later than noon of the pay day preceding the commencement day of his vacation, provided the employee has made a request to Producer for such vacation check at least one (1) week prior to such pay day preceding the commencement of such vacation. (9) If a successor company buys out Producer and continues the operation of Producer's ’s studio, and if the buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate vacation pay experience credit accrued with the selling company. If such employee is not so continued in employment by the buying company, then only Producer only is responsible for any vacation pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall be entitled to his accrued vacation pay from Producer.

Daily and Weekly Schedule Employees. (1) Vacations are earned in one personal income tax earnings year and are paid for in the succeeding calendar year. (2) Vacations shall not be cumulative between calendar years and shall be taken at times approved by the Producer. However, if an employee requests and receives a postponement of his scheduled vacation and, during such postponement, his rate of pay is increased, his vacation pay shall be computed at the rate which was in effect when the vacation was scheduled to be taken. If the Producer postpones any scheduled vacation, the vacation pay shall be computed at the rate in effect when the vacation is actually taken. If production requirements prevent the taking of vacations in the "succeeding" year, no new assignment shall be given the employee in the year following such "succeeding" year until the employee has taken his vacation earned in the "preceding" year. In this event, such delayed vacation shall not be considered "cumulative" with the normal vacation of that calendar year. (3) Days that would otherwise be considered constitute the sixth or seventh day worked in the an employee's workweek and holidays occurring during vacation periods are not counted as days granted. (4) When any portion of the vacation period is less than a full payroll week week, by mutual agreement between the Producer and the employee, the Producer may grant leave of absence without pay for the remaining fractional portion of the payroll week. (5) Eligible employees who are no longer employed at the beginning of the calendar year in which their vacation pay for the preceding year is payable may obtain such vacation pay at any time subsequent to March 15 by notifying the Producer of their desire to obtain such vacation pay. Such notice shall set forth a date on or subsequent to the date of notice for the commencement of the period to which such vacation pay shall apply. The designation of such commencement date shall be at the sole discretion of such employees employees, and the Producer agrees to pay such employees the vacation pay due on or prior to such commencement date, but in no event shall the Producer be obligated to make such payment prior to March 15. (6) In the event of a layoff, an employee eligible for vacation shall not be required to take vacation at time of layoff. (7) Each eligible employee shall, if he so desires, submit to his Department Headdepartment head, prior to June 1st, three (3) vacation dates in the order of his preference. In the event that none of the three (3) preferential dates is granted, the Department Head department head may establish date of vacation if conditions permit. However, he shall give any such employee not less than one week's notice as to date of vacation unless, upon the request of the employee, it is otherwise mutually agreed. Employees who do not submit preferential dates shall receive vacations on dates subject to the discretion of the Department Headdepartment head. (8) Producer shall pay an eligible employee his vacation pay check not later than noon of the pay day preceding the commencement day of his vacation, provided the employee has made a request to Producer for such vacation check at least one week prior to such pay day preceding the commencement of such vacation. (9) If a successor company buys out Producer and continues the operation of Producer's studio, and if the buying company continues the employment at the studio of an employee of Producer, such employee shall retain with the buying company his appropriate vacation pay experience credit accrued with the selling company. If such employee is not so continued in employment by the buying company, then only Producer only is responsible for any vacation pay due the employee at the time of his termination. If such employee is offered employment by the buying company, but elects not to continue his employment with the buying company, he shall be entitled to his accrued vacation pay from Producer.