Common use of Periodic Clause in Contracts

Periodic. (1) During employment, “Zone A" employees who work five (5) or more days in a week shall be tested for COVID-19 at least three (3) times per week. At least one test per week shall be a lab-based PCR diagnostic test, the results of which must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). The remaining tests required in that week may be rapid tests. The parties agree that it may be necessary to conduct additional testing of performers or background actors and crew involved in production of scenes that require close or intimate contact or extreme exertion. “Zone A” consists of (A) all performers and background actors working on set; and (B) all employees who are present in a workspace with a performer or background actor while the performer or background actor is not wearing PPE. “Zone A” employees who work fewer than five (5) days in a week need not be tested more frequently than once within the seventy- two (72) hours prior to each day of employment. At least one test per week shall be a lab-based PCR diagnostic test, the results of which must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Any other tests required in that week may be rapid tests. A Producer need not commence periodic testing for a “Zone A” employee if: (A) the employee starts and concludes employment within seventy-two (72) hours following the time the employee took a pre-employment test which yielded a negative result; or (B) the performer is employed for a voiceover, ADR or looping session outside a personal or home studio, is alone in a space (e.g., a recording booth) while recording and is not required to come within six (6) feet of any other individual at the location where work is to be performed for longer than fifteen (15) minutes. (2) During employment, “Zone B" employees shall be tested for COVID-19 at least once per week if using a lab-based PCR diagnostic test. The results of the test must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Alternatively, a "Zone B" employee shall be tested at least twice per week using a rapid test; the results of the tests must be returned within forty-eight (48) hours. “Zone B” consists of those employees who work on a “hot” set, but who are not present in a workspace with a performer or background actor while the performer or background actor is not wearing PPE, all Zone B employees while they work during prep, and employees who work in any other area where the production has a footprint that is not an area where “Zone C” or “Zone D” employees work. (3) During employment, “Zone C” employees shall be tested for COVID-19 at least once every two (2) weeks using a lab-based PCR diagnostic test. The Producer will give good faith consideration to staggering testing of “Zone C” employees, so that one-half of the “Zone C’ employees on a production is tested in one week, and the other half is tested in the following week. The results of the test must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). The parties agree that "pool testing" may be used for "Zone C" employees, which must comply with the then-current FDA authorization for pool testing. "Pool testing" refers to combining samples from several people and conducting one laboratory test on the combined pool of samples to detect the presence of SARS-CoV-2, the virus that causes COVID-19. “Zone C” consists of those employees who: (A) are able to wear PPE at all times while working; (B) only work with other employees who are also able to wear PPE at all times while working; (C) are not required to be within (6) feet of other individuals for longer than fifteen (15) minutes while working (provided that if the local governmental authority has issued guidelines with a more stringent time/distance standard for determining when individuals come into “close contact” with other individuals for purposes of COVID-19 contact tracing, the standard in such guidelines shall apply instead); and (D) do not come into contact with “Zone A” or “Zone B” employees in the course of their work, unless both the Zone “A” or “Zone B” employee and the “Zone C” employee are wearing PPE at all times and do not come within six (6) feet of each other for longer than fifteen (15) minutes; provided, however, “Zone C” employees may not enter “Zone A” or “Zone B” when “Zone A” or “Zone B” employees are present unless they have tested negative in accordance with the procedures set forth below. Producer shall provide the Union(s) representing “Zone C” employees with a list of “Zone C” employees on the production prior to the start of their employment. If any Union has any objections to the characterization of an employee as a “Zone C” employee, it may contact the Producer to discuss whether such employee should instead be considered a “Zone B” employee. A “Zone C” employee may not go to a “hot” set or other area where “Zone A” or “Zone B” employees are present at work unless he/she has tested negative within forty-eight (48) hours prior to entry using a lab-based PCR diagnostic test (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Alternatively, the “Zone C” employee may undergo two rapid tests within forty-eight (48) hours prior to entry; both tests must be negative. (4) “Zone D” employees do not require periodic testing after a pre- employment test. “Zone D” consists of employees who meet the requirements for a “Zone C” employee listed in Item 2.a.ii.(3)(A)- (D) above and are employed in one of the following classifications:3 (A) Local #600 (Publicists) – All classifications, except for Unit Publicists. (B) Local #695 – All projection personnel, all post-production personnel and any employee employed on animated motion pictures. 3 A Producer which owns a studio facility shall contact the applicable Union(s) to discuss testing for Union-represented back lot employees hired to work in a classification other than those listed above, based on the circumstances of their employment. Union- represented back lot employees who returned to work at a Producer-owned studio facility prior to the effective date of this Agreement without periodic testing may continue to work without periodic testing until an agreement is reached between the Producer and the Union(s), even if they are not employed in one of the listed classifications. (C) Local #700 (Post-Production) – All classifications when employed at a facility and/or in the archive department, or when employed on animated motion pictures. (D) Local #700 Screen Story Analysts – All classifications. (E) Local #700 Lab Technicians – Still lab and film vault personnel. (F) Local #700 Warner Bros. Advanced Media Services (Film Archives) – All classifications. (G) Local #705 – The following classifications when employed at a costume department house or studio wardrobe department and/or in the archive department: Costume Department Foreperson Costume Department Supervisor Costumer Keyperson Costumer Entry Level Checkers Stock Clerk Table Person Figure Maker Head Xxxx Beader Cleaner Finisher Workroom Apprentice (H) Local #800 (Set Designers and Model Makers) – All classifications, unless required to work with the shooting crew. (I) Local #800 (Illustrators and Matte Artists) – All classifications. (J) Local #800 (Scenic, Title and Graphic Artists) – All classifications. (K) Local #839 – all classifications. (L) Local #871 – Script Coordinators and Writers' Room Assistants. A “Zone D” employee may not go to a “hot” set or other area where “Zone A” or “Zone B” employees are present at work unless he/she has tested negative within forty-eight (48) hours prior to entry using a lab-based PCR diagnostic test (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Alternatively, the “Zone D” employee may undergo two rapid tests within forty-eight (48) hours prior to entry; both tests must be negative. (5) If an employee tests positive for COVID-19, the Producer shall follow CDC guidelines in effect at the time or the guidelines of the local governmental authority in effect at the time, whichever is stricter, with respect to treatment of other employee(s) (e.g., testing, quarantine or self-isolation) who have been exposed to the employee who tested positive. The employee(s) who was (were) exposed to the employee who tested positive shall also comply with those guidelines. (6) Consistent with current CDC guidelines, Producer may establish a policy that: (A) Individuals previously diagnosed with symptomatic COVID-19 who remain asymptomatic after recovery need not be tested within 3 months after the date of symptom onset for the initial COVID-19 infection. (B) Individuals who develop new symptoms consistent with COVID-19 during the 3 months after the date of initial symptom onset will be tested unless an alternative etiology can be identified by a healthcare provider. (C) For individuals who never developed symptoms, the date of first positive RT-PCR test for SARS-CoV-2 RNA should be used in place of the date of symptom onset. (7) Failure to obtain a test result within the requisite period shall not prevent any employee from continuing to work, so long as one of the following conditions is met: (A) The employee has taken a rapid test and received a negative result within the past twenty-four (24) hours; or (B) The employee is being periodically tested more frequently than the minimum periodic testing requirements of this Agreement, and all other tests taken and received within the past seven (7) calendar days have yielded negative results.

Periodic. (1) During employment, “Zone A" employees who work five (5) or more days in a week shall be tested for COVID-19 at least three (3) times per week. At least one test per week shall be a lab-based PCR diagnostic test, the results of which must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). The remaining tests required in that week may be rapid tests. The parties agree that it may be necessary to conduct additional testing of performers or background actors and crew involved in production of scenes that require close or intimate contact or extreme exertion. “Zone A” consists of (A) all performers and background actors working on set; and (B) all employees who are present in a workspace with a performer or background actor while the performer or background actor is not wearing PPE. “Zone A” employees who work fewer than five (5) days in a week need not be tested more frequently than once within the seventy- two (72) hours prior to each day of employment. At least one test per week shall be a lab-based PCR diagnostic test, the results of which must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Any other tests required in that week may be rapid tests. A Producer need not commence periodic testing for a “Zone A” employee if: (A) the employee starts and concludes employment within seventy-two (72) hours following the time the employee took a pre-employment test which yielded a negative result; or (B) the performer is employed for a voiceover, ADR or looping session outside a personal or home studio, is alone in a space (e.g., a recording booth) while recording and is not required to come within six (6) feet of any other individual at the location where work is to be performed for longer than fifteen (15) minutes. (2) During employment, “Zone B" employees shall be tested for COVID-19 at least once per week if using a lab-based PCR diagnostic test. The results of the test must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Alternatively, a "Zone B" employee shall be tested at least twice per week using a rapid test; the results of the tests must be returned within forty-eight (48) hours. “Zone B” consists of those employees who work on a “hot” set, but who are not present in a workspace with a performer or background actor while the performer or background actor is not wearing PPE, all Zone B employees while they work during prep, and employees who work in any other area where the production has a footprint that is not an area where “Zone C” or “Zone D” employees work. (3) During employment, “Zone C” employees shall be tested for COVID-19 at least once every two (2) weeks using a lab-based PCR diagnostic test. The Producer will give good faith consideration to staggering testing of “Zone C” employees, so that one-half of the “Zone C’ employees on a production is tested in one week, and the other half is tested in the following week. The results of the test must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). The parties agree that "pool testing" may be used for "Zone C" employees, which must comply with the then-current FDA authorization for pool testing. "Pool testing" refers to combining samples from several people and conducting one laboratory test on the combined pool of samples to detect the presence of SARS-CoV-2, the virus that causes COVID-19. “Zone C” consists of those employees who: (A) are able to wear PPE at all times while working; (B) only work with other employees who are also able to wear PPE at all times while working; (C) are not required to be within (6) feet of other individuals for longer than fifteen (15) minutes while working (provided that if the local governmental authority has issued guidelines with a more stringent time/distance standard for determining when individuals come into “close contact” with other individuals for purposes of COVID-19 contact tracing, the standard in such guidelines shall apply instead); and (D) do not come into contact with “Zone A” or “Zone B” employees in the course of their work, unless both the Zone “A” or “Zone B” employee and the “Zone C” employee are wearing PPE at all times and do not come within six (6) feet of each other for longer than fifteen (15) minutes; provided, however, “Zone C” employees may not enter “Zone A” or “Zone B” when “Zone A” or “Zone B” employees are present unless they have tested negative in accordance with the procedures set forth below. Producer shall provide the Union(s) representing “Zone C” employees with a list of “Zone C” employees on the production prior to the start of their employment. If any Union has any objections to the characterization of an employee as a “Zone C” employee, it may contact the Producer to discuss whether such employee should instead be considered a “Zone B” employee. A “Zone C” employee may not go to a “hot” set or other area where “Zone A” or “Zone B” employees are present at work unless he/she has tested negative within forty-eight (48) hours prior to entry using a lab-based PCR diagnostic test (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Alternatively, the “Zone C” employee may undergo two rapid tests within forty-eight (48) hours prior to entry; both tests must be negative. (4) “Zone D” employees do not require periodic testing after a pre- employment test. “Zone D” consists of employees who meet the requirements for a “Zone C” employee listed in Item 2.a.ii.(3)(A)- (D) above and are employed in one of the following classifications:3 (A) Local #600 (Publicists) – All classifications, except for Unit Publicists. (B) Local #695 – All projection personnel, all post-production personnel and any employee employed on animated motion pictures. 3 A Producer which owns a studio facility shall contact the applicable Union(s) to discuss testing for Union-represented back lot employees hired to work in a classification other than those listed above, based on the circumstances of their employment. Union- represented back lot employees who returned to work at a Producer-owned studio facility prior to the effective date of this Agreement without periodic testing may continue to work without periodic testing until an agreement is reached between the Producer and the Union(s), even if they are not employed in one of the listed classifications. (B) Local #695 – All projection personnel, all post-production personnel and any employee employed on animated motion pictures. (C) Local #700 (Post-Production) – All classifications when employed at a facility and/or in the archive department, or when employed on animated motion pictures. (D) Local #700 Screen Story Analysts – All classifications. (E) Local #700 Lab Technicians – Still lab and film vault personnel. (F) Local #700 Warner Bros. Advanced Media Services (Film Archives) – All classifications. (G) Local #705 – The following classifications when employed at a costume department house or studio wardrobe department and/or in the archive department: Costume Department Foreperson Costume Department Supervisor Costumer Keyperson Costumer Entry Level Checkers Stock Clerk Table Person Figure Maker Head Xxxx Beader Cleaner Finisher Workroom Apprentice (H) Local #800 (Set Designers and Model Makers) – All classifications, unless required to work with the shooting crew. (I) Local #800 (Illustrators and Matte Artists) – All classifications. (J) Local #800 (Scenic, Title and Graphic Artists) – All classifications. (K) Local #839 – all classifications. (L) Local #871 – Script Coordinators and Writers' Room Assistants. A “Zone D” employee may not go to a “hot” set or other area where “Zone A” or “Zone B” employees are present at work unless he/she has tested negative within forty-eight (48) hours prior to entry using a lab-based PCR diagnostic test (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Alternatively, the “Zone D” employee may undergo two rapid tests within forty-eight (48) hours prior to entry; both tests must be negative. (5) If an employee tests positive for COVID-19, the Producer shall follow CDC guidelines in effect at the time or the guidelines of the local governmental authority in effect at the time, whichever is stricter, with respect to treatment of other employee(s) (e.g., testing, quarantine or self-isolation) who have been exposed to the employee who tested positive. The employee(s) who was (were) exposed to the employee who tested positive shall also comply with those guidelines. (6) Consistent with current CDC guidelines, Producer may establish a policy that: (A) Individuals previously diagnosed with symptomatic COVID-19 who remain asymptomatic after recovery need not be tested within 3 months after the date of symptom onset for the initial COVID-19 infection. (B) Individuals who develop new symptoms consistent with COVID-19 during the 3 months after the date of initial symptom onset will be tested unless an alternative etiology can be identified by a healthcare provider. (C) For individuals who never developed symptoms, the date of first positive RT-PCR test for SARS-CoV-2 RNA should be used in place of the date of symptom onset. (7) Failure to obtain a test result within the requisite period shall not prevent any employee from continuing to work, so long as one of the following conditions is met: (A) The employee has taken a rapid test and received a negative result within the past twenty-four (24) hours; or (B) The employee is being periodically tested more frequently than the minimum periodic testing requirements of this Agreement, and all other tests taken and received within the past seven (7) calendar days have yielded negative results.

Periodic. Deadline (1) During employment, “Zone A" employees who work five (5) or more days in a week shall be tested for COVID-19 at least three (3) times per week. At least one test per week shall be a lab-based PCR diagnostic test, the results of which must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). The remaining tests required in that week may be rapid tests. The parties agree that it may be necessary to conduct additional testing of performers or background actors and crew involved in production of scenes that require close or intimate contact or extreme exertion. “Zone A” consists of (A) all performers and background actors working on set; and (B) all employees who are present in a workspace with a performer or background actor while the performer or background actor is not wearing PPE. “Zone A” employees who work fewer than five (5) days in a week need not be tested more frequently than once within the seventy- two (72) hours prior to each day of employment. At least one test per week shall be a lab-based PCR diagnostic test, the results of which must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Any other tests required in that week may be rapid tests. A Producer need not commence periodic testing for a “Zone A” employee if: (A) the employee starts and concludes employment within seventy-two (72) hours following the time the employee took a pre-employment test which yielded a negative result; or (B) the performer is employed for a voiceover, ADR or looping session outside a personal or home studio, is alone in a space (e.g., a recording booth) while recording and is not required to come within six (6) feet of any other individual at the location where work is to be performed for longer than fifteen (15) minutes. (2) During employment, “Zone B" employees shall be tested for COVID-19 at least once per week if using a lab-based PCR diagnostic test. The results of the test must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Alternatively, a "Zone B" employee shall be tested at least twice per week using a rapid test; the results of the tests must be returned within forty-eight (48) hours. Deadline “Zone B” consists of those employees who work on a “hot” set, but who are not present in a workspace with a performer or background actor while the performer or background actor is not wearing PPE, all Zone B employees while they work during prep, and employees who work in any other area where the production has a footprint that is not an area where “Zone C” or “Zone D” employees work. (3) During employment, “Zone C” employees shall be tested for COVID-19 at least once every two (2) weeks using a lab-based PCR diagnostic test. The Producer will give good faith consideration to staggering testing of “Zone C” employees, so that one-half of the “Zone C’ employees on a production is tested in one week, and the other half is tested in the following week. The results of the test must be returned within forty-eight (48) hours (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). The parties agree that "pool testing" may be used for "Zone C" employees, which must comply with the then-current FDA authorization for pool testing. "Pool testing" refers to combining samples from several people and conducting one laboratory test on the combined pool of samples to detect the presence of SARS-CoV-2, the virus that causes COVID-19. “Zone C” consists of those employees who: (A) are able to wear PPE at all times while working; (B) only work with other employees who are also able to wear PPE at all times while working; (C) are not required to be within (6) feet of other individuals for longer than fifteen (15) minutes while working (provided that if the local governmental authority has issued guidelines with a more stringent time/distance standard for determining when individuals come into “close contact” with other individuals for purposes of COVID-19 contact tracing, the standard in such guidelines shall apply instead); and (D) do not come into contact with “Zone A” or “Zone B” employees in the course of their work, unless both the Zone “A” or “Zone B” employee and the “Zone C” employee are wearing PPE at all times and do not come within six (6) feet of each other for longer than fifteen (15) minutes; provided, however, “Zone C” employees may not enter “Zone A” or “Zone B” when “Zone A” or “Zone B” employees are present unless they have tested negative in accordance with the procedures set forth below. Deadline Producer shall provide the Union(s) representing “Zone C” employees with a list of “Zone C” employees on the production prior to the start of their employment. If any Union has any objections to the characterization of an employee as a “Zone C” employee, it may contact the Producer to discuss whether such employee should instead be considered a “Zone B” employee. A “Zone C” employee may not go to a “hot” set or other area where “Zone A” or “Zone B” employees are present at work unless he/she has tested negative within forty-eight (48) hours prior to entry using a lab-based PCR diagnostic test (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Alternatively, the “Zone C” employee may undergo two rapid tests within forty-eight (48) hours prior to entry; both tests must be negative. (4) “Zone D” employees do not require periodic testing after a pre- employment test. “Zone D” consists of employees who meet the requirements for a “Zone C” employee listed in Item 2.a.ii.(3)(A)- (D) above and are employed in one of the following classifications:3 (A) Local #600 (Publicists) – All classifications, except for Unit Publicists. (B) Local #695 – All projection personnel, all post-production personnel and any employee employed on animated motion pictures. 3 A Producer which owns a studio facility shall contact the applicable Union(s) to discuss testing for Union-represented back lot employees hired to work in a classification other than those listed above, based on the circumstances of their employment. Union- represented back lot employees who returned to work at a Producer-owned studio facility prior to the effective date of this Agreement without periodic testing may continue to work without periodic testing until an agreement is reached between the Producer and the Union(s), even if they are not employed in one of the listed classifications. (B) Local #695 – All projection personnel, all post-production personnel and any employee employed on animated motion pictures. (C) Local #700 (Post-Production) – All classifications when employed at a facility and/or in the archive department, or when employed on animated motion pictures. (D) Local #700 Screen Story Analysts – All classifications. (E) Local #700 Lab Technicians – Still lab and film vault personnel.. Deadline (F) Local #700 Warner Bros. Advanced Media Services (Film Archives) – All classifications. (G) Local #705 – The following classifications when employed at a costume department house or studio wardrobe department and/or in the archive department: Costume Department Foreperson Costume Department Supervisor Costumer Keyperson Costumer Entry Level Checkers Stock Clerk Table Person Figure Maker Head Xxxx Beader Cleaner Finisher Workroom Apprentice (H) Local #800 (Set Designers and Model Makers) – All classifications, unless required to work with the shooting crew. (I) Local #800 (Illustrators and Matte Artists) – All classifications. (J) Local #800 (Scenic, Title and Graphic Artists) – All classifications. (K) Local #839 – all classifications. (L) Local #871 – Script Coordinators and Writers' Room Assistants. A “Zone D” employee may not go to a “hot” set or other area where “Zone A” or “Zone B” employees are present at work unless he/she has tested negative within forty-eight (48) hours prior to entry using a lab-based PCR diagnostic test (or until December 31, 2020, within the seventy-two (72) hour period described in subparagraph i.(1) above). Alternatively, the “Zone D” employee may undergo two rapid tests within forty-eight (48) hours prior to entry; both tests must be negative.. Deadline (5) If an employee tests positive for COVID-19, the Producer shall follow CDC guidelines in effect at the time or the guidelines of the local governmental authority in effect at the time, whichever is stricter, with respect to treatment of other employee(s) (e.g., testing, quarantine or self-isolation) who have been exposed to the employee who tested positive. The employee(s) who was (were) exposed to the employee who tested positive shall also comply with those guidelines. (6) Consistent with current CDC guidelines, Producer may establish a policy that: (A) Individuals previously diagnosed with symptomatic COVID-19 who remain asymptomatic after recovery need not be tested within 3 months after the date of symptom onset for the initial COVID-19 infection. (B) Individuals who develop new symptoms consistent with COVID-19 during the 3 months after the date of initial symptom onset will be tested unless an alternative etiology can be identified by a healthcare provider. (C) For individuals who never developed symptoms, the date of first positive RT-PCR test for SARS-CoV-2 RNA should be used in place of the date of symptom onset. (7) Failure to obtain a test result within the requisite period shall not prevent any employee from continuing to work, so long as one of the following conditions is met: (A) The employee has taken a rapid test and received a negative result within the past twenty-four (24) hours; or (B) The employee is being periodically tested more frequently than the minimum periodic testing requirements of this Agreement, and all other tests taken and received within the past seven (7) calendar days have yielded negative results.