Common use of Offset of Overscale Compensation Clause in Contracts

Offset of Overscale Compensation. (a) Overscale cannot be used to credit or offset, in any manner, any payments required to be made to the Director. The only exception to this credit or offset prohibition is the right of the Employer to negotiate with the Director to credit or offset residuals against monies in excess of two hundred percent (200%) of scale. Residuals cannot otherwise be prepaid. Any prepayment must be specifically set forth in the deal memorandum in the specific dollar amounts to be credited or offset. The foregoing restrictions shall not apply to contracts of employment entered into on or before July 1, 1981 as to which the provisions of the 1978 Agreement shall apply. The restrictions in the paragraph above shall not apply to news, sports and public affairs programs as to which compensation in excess of the applicable basic minimum compensation may be offset against other monies which may become due to the Director; provided that the Company and the Director have agreed in advance to such offset (and have set forth such agreement in the deal memorandum provided for in Article 14 hereof). The provisions of Article 29, Section C., Paragraph 3. apply to Directors of programs covered under Article 29 of this Agreement in lieu of the provisions of this Paragraph 4. (b) The Company may credit or offset excerpt fees and/or the director's share of compilation program fees against monies in excess of two hundred percent (200%) of scale for directors of "all other" programs produced for broadcast five (5) times per week and directors of strip variety programs (other than those regularly broadcast in the 11:30 p.m. - 12:30 a.m. time period EST/EDT or PST/PDT (one hour earlier in the Central and Mountain Time Zones). The Company shall specify the amount set aside for that purpose in the director's deal memorandum.

Offset of Overscale Compensation. (a) Overscale cannot be used to credit or offset, in any manner, any payments required to be made to the Director. The only exception to this credit or offset prohibition is the right of the Employer to negotiate with the Director to credit or offset residuals against monies in excess of two hundred percent (200%) of scale. Residuals cannot otherwise be prepaid. Any prepayment must be specifically set forth in the deal memorandum in the specific dollar amounts to be credited or offset. The foregoing restrictions shall not apply to contracts of employment entered into on or before July 1, 1981 as to which the provisions of the 1978 Agreement shall apply. The restrictions in the paragraph above shall not apply to news, sports and public affairs programs as to which compensation in excess of the applicable basic minimum compensation may be offset against other monies which may become due to the Director; provided that the Company and the Director have agreed in advance to such offset (and have set forth such agreement in the deal memorandum provided for in Article 14 hereof). -71- Article 9, Section A. The provisions of Article 29, Section C., Paragraph 3. apply to Directors of programs covered under Article 29 of this Agreement in lieu of the provisions of this Paragraph 4. (b) The Company may credit or offset excerpt fees and/or the director's ' s share of compilation program fees against monies in excess of two hundred percent (200%) of scale for directors of "all other" programs produced for broadcast five (5) times per week and directors of strip variety programs (other than those regularly broadcast in the 11:30 p.m. - 12:30 a.m. time period EST/EDT or PST/PDT (one hour earlier in the Central and Mountain Time Zones). The Company shall specify the amount set aside for that purpose in the director's deal memorandum.

Offset of Overscale Compensation. (a) Overscale cannot be used to credit or offset, in any manner, any payments required to be made to the Director. The only exception to this credit or offset prohibition is the right of the Employer to negotiate with the Director to credit or offset residuals against monies in excess of two hundred percent (200%) of scale. Residuals cannot otherwise be prepaid. Any prepayment must be specifically set forth in the deal memorandum in the specific dollar amounts to be credited or offset. The foregoing restrictions shall not apply to contracts of employment entered into on or before July 1, 1981 as to which the provisions of the 1978 Agreement shall apply. The restrictions in the paragraph above shall not apply to news, sports and public affairs programs as to which compensation in excess of the applicable basic minimum compensation may be offset against other monies which may become due to the Director; provided that the Company and the Director have agreed in advance to such offset (and have set forth such -69- Article 9, Section A. agreement in the deal memorandum provided for in Article 14 hereof). The provisions of Article 29, Section C., Paragraph 3. apply to Directors of programs covered under Article 29 of this Agreement in lieu of the provisions of this Paragraph 4. (b) The Company may credit or offset excerpt fees and/or the director's share of compilation program fees against monies in excess of two hundred percent (200%) of scale for directors of "all other" programs produced for broadcast five (5) times per week and directors of strip variety programs (other than those regularly broadcast in the 11:30 p.m. - 12:30 a.m. time period EST/EDT or PST/PDT (one hour earlier in the Central and Mountain Time Zones). The Company shall specify the amount set aside for that purpose in the director's deal memorandum.