Common use of Opera and Ballet Company Subcontractors Clause in Contracts

Opera and Ballet Company Subcontractors. When an opera or ballet company subcontracts services from a symphony orchestra Employer, that Employer may permit the opera or ballet company to use the rights set forth in Articles VIII.A., VIII.B., VIII.C.1.a, VIII.C.2 and VIII.C.2.a (as limited within that provision) for direct promotion of specific events that use the live performance of Musicians employed by the Employer provided that the following conditions are met: (a) The Employer has a written agreement with the opera or ballet company that restricts its rights to use the recorded product consistent with the terms of this Article VIII; and (b) In the event the opera or ballet company makes use of the recorded product not consistent with the terms of this Article VIII, the Employer, as indicated in Article VI.C., in the absence of having cured the unauthorized use within 30 days, will enter into and fulfill all conditions required by the appropriate Federation Agreement, including but not limited to the payment to all Musicians of prevailing wages and benefits; and (c) The opera or ballet company shall identify the Employer institution in the news or promotional use.

Opera and Ballet Company Subcontractors. When an opera or ballet company subcontracts services from a symphony orchestra EmployerEngager, that Employer Engager may permit the opera or ballet company to use the rights set forth in Articles VIII.A., VIII.B., VIII.C.1.a, VIII.C.2 and VIII.C.2.a (as limited within that provision) for direct promotion of specific events that use the live performance of Musicians employed engaged by the Employer Engager provided that the following conditions are met: (a) The Employer Engager has a written agreement with the opera or ballet company company, approved by the Federation, that restricts its rights to use the recorded product consistent with the terms of this Article VIII; and (b) In the event the opera or ballet company makes use of the recorded product not consistent with the terms of this Article VIII, the EmployerEngager, as indicated in Article VI.C., in the absence of having cured the unauthorized use within 30 days, will enter into and fulfill all conditions required by the appropriate Federation Agreement, including but not limited to the payment to all Musicians of prevailing wages and benefits; and (c) The opera or ballet company shall identify the Employer Engager institution in the news or promotional use.