Common use of Post '60 Theatrical Motion Pictures Clause in Contracts

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, shall be governed by Article 15 of the Local #40 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 21, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 2018, for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 2 contracts

Samples: Agreement of August, Agreement of August

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Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Basic Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20042003. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 2006 and July 31, 20102009, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20072006. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 2009 and July 2131, 2012, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 20102009. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced commences in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 XIX of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-twenty- five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, Agreement,6 the principal photography of which commenced on or after August 1July 31, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable on and after August 1, 2018, 2018 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 1 contract

Samples: Production Agreement

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a this Agreement or any prior Local #40 755 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the this Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 755 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which is delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 755 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 755 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 755 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 755 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 755 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 755 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2018 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 755 Agreement governs.

Appears in 1 contract

Samples: Agreement of August

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Basic Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20042003. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 2006 and July 31, 20102009, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20072006. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 2009 and July 2131, 2012, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 20102009. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2015. Theatrical motion pictures, the principal photography of which commences commenced in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 XIX of the Basic Agreement of 2018. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2021 and July 31, 2024, shall be governed by Article XIX of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, Agreement,6 the principal photography of which commenced on or after August 1July 31, 20182021, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable on and after August 1, 2018, 2021 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 1 contract

Samples: Production Agreement

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 399 (Studio Transportation Drivers) Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Local 399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local 399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local 399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2015. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of the Local 399 Agreement of 2018. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2021 and July 31, 20212024, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182021, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2021 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 1 contract

Samples: Agreement of August

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a the Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the 399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local #399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced commence in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 21, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182007, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable to the Motion Picture Industry Health Plan – Retired Employees Fund (hereinafter “Retired Employees Fund”) on and after August 1, 2018, 2007 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 1 contract

Samples: Agreement of August

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 21, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 20152003. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2006 and July 31, 20212009, shall be governed by Article 15 XIX of the Basic Agreement of 2006. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2009 and July 31, 2012, shall be governed by Article XIX of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, ,* the principal photography of which commenced on or after August 1July 31, 20182009, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable to the Motion Picture Industry Health Plan – Retired Employees Fund (hereinafter "Retired Employees Fund") on and after August 1, 20182009, for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Basic Agreement governs.

Appears in 1 contract

Samples: Payroll Companies' Agreement

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 399 (Studio Transportation Drivers) Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Local #399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local #399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2015 and July 31, 20212018, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182015, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2015 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 1 contract

Samples: Agreement of August

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, shall be governed by Article 15 of the Local #40 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 21, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced commences in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182015, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 20182015, for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 1 contract

Samples: Agreement of August

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a the Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the 399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local #399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced commence in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (aa ) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182012, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable to the Motion Picture Industry Health Plan – Retired Employees Fund (hereinafter “Retired Employees Fund”) on and after August 1, 2018, 2012 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 1 contract

Samples: Agreement of August

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Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Basic Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20042003. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 2006 and July 31, 20102009, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20072006. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 2009 and July 2131, 2012, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 20102009. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Basic Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced commences in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 XIX of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-twenty- five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, Agreement,6 the principal photography of which commenced on or after August 1July 31, 20182015, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable on and after August 1, 2018, 2015 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 1 contract

Samples: Production Agreement

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 724 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local #724 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 724 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, shall be governed by Article 15 of the Local #40 724 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 724 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 724 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 724 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 724 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 724 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 724 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 724 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 724 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2018 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 724 Agreement governs.

Appears in 1 contract

Samples: Agreement of August

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 724 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local 724 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 724 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, shall be governed by Article 15 of the Local #40 724 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 724 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 724 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 724 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 724 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 724 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 724 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 724 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 724 Agreement of 2015. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of the Local 724 Agreement of 2018. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2021 and July 31, 20212024, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182021, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2021 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 724 Agreement governs.

Appears in 1 contract

Samples: Agreement of August

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Basic Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31August 1, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 19911990, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 1990 and July 31, 19941993, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19911990. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 1993 and July 31, 19971996, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19941993. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 1996 and July 31, 20012000, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 19971996. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 2000 and July 31, 20042003, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20012000. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 2003 and July 31, 20072006, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20042003. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 2006 and July 31, 20102009, shall be governed by Article 15 XIX of the Local #40 Basic Agreement of 20072006. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 2009 and July 2131, 2012, shall be governed by Article 15 XIX of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2010this Agreement. Theatrical motion pictures, the principal photography of which commenced commences in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 XIX of this Agreement. Agreement Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 XIX relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, Agreement,2 the principal photography of which commenced on or after August 1July 31, 20182012, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 XIX shall apply to all monies payable to the Motion Picture Industry Health Plan – Retired Employees Fund 2 Employees employed under the Local #600 Amendment Agreement or the Local #871 Amendment Agreement shall not be considered “employees employed by Producer under this Agreement” for purposes of subparagraph (a) of this Article XIX. Employees employed under the Local #700 Amendment Agreement shall not be considered “employees employed by Producer under this Agreement” for any purpose under this Article XIX. (hereinafter "Retired Employees Fund") on and after August 1, 20182012, for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Basic Agreement governs.

Appears in 1 contract

Samples: Agreement

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a this Agreement or any prior Local #40 755 Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the this Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX of the IATSE Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 1967, both dates inclusive, Section 10 of the IATSE Basic Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX of the IATSE Basic Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January 31, 1976, shall be governed by Article XIX of the IATSE Basic Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July 31, 1979, shall be governed by Article XIX of the IATSE Basic Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX of the IATSE Basic Agreement of 1979 and the Amendment thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX of the IATSE Basic Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX of the IATSE Basic Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 755 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which is delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 755 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 755 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 755 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 755 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 755 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 755 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 755 Agreement of 2015. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of the Local 755 Agreement of 2018. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 2021 and July 31, 20212024, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, shall insofar as it is concerned, concerned be deemed to have complied with its obligations to the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a1/3) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 20182021, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (bb)(1) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2021 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 755 Agreement governs.

Appears in 1 contract

Samples: Agreement

Post '60 Theatrical Motion Pictures. (a) Theatrical motion pictures produced by Producer with employees employed by Producer under a Local #40 399 (Studio Transportation Drivers) Agreement, the principal photography of which commenced on or after February 1, 1960, shall be governed by the following: Theatrical motion pictures produced by Producer with employees employed by Producer under the Local #399 Agreement of 1961 between these parties, the principal photography of which commenced in the period between February 1, 1960 and January 31, 1967, both dates inclusive, which motion pictures are released to free television, shall be governed by Article XIX 15 of the IATSE such Basic Agreement of 1961; provided, however, that as to such motion pictures, the principal photography of which commenced in the period between February 1, 1965 and January 31, 19671969, both dates inclusive, Section 10 15 of the IATSE Basic Local #399 Agreement of 1965 shall apply. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1967 and January 31, 1969, shall be governed by Article XIX of the IATSE Basic Agreement of 1967. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1969 and January 31, 1973, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1969. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1973 and January July 31, 1976, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1973. Theatrical motion pictures, the principal photography of which commenced in the period between February 1, 1976 and July January 31, 1979, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1976. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1979 and July 31, 1982, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1979 and the Amendment Amendments thereto. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1982 and July 31, 1985, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1982. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1985 and July 31, 1988, shall be governed by Article XIX 15 of the IATSE Basic Local #399 Agreement of 1985. Theatrical motion pictures, the principal photography of which commenced in the period between October 31, 1988 and July 31, 1991, or the answer print for which was delivered on or after November 1, 1990 but prior to August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1988, as amended. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1991 and July 31, 1994, or the answer print for which was delivered on or after August 1, 1991, shall be governed by Article 15 of the Local #40 399 Agreement of 1991. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1994 and July 31, 1997, shall be governed by Article 15 of the Local #40 399 Agreement of 1994. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 1997 and July 31, 2001, shall be governed by Article 15 of the Local #40 399 Agreement of 1997. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2001 and July 31, 2004, shall be governed by Article 15 of the Local #40 399 Agreement of 2001. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2004 and July 31, 2007, shall be governed by Article 15 of the Local #40 399 Agreement of 2004. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2007 and July 31, 2010, shall be governed by Article 15 of the Local #40 399 Agreement of 2007. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2010 and July 2131, 2012, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2010. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2012 and July 31, 2015, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2012. Theatrical motion pictures, the principal photography of which commenced in the period between August 1, 2015 and July 31, 2018, shall be governed by Article 15 of the Producer-International Brotherhood of Electrical Workers, Local #40 399 Agreement of 2015. Theatrical motion pictures, the principal photography of which commences in the period between August 1, 2018 and July 31, 2021, shall be governed by Article 15 of this Agreement. Notwithstanding the wording of the second paragraph of paragraph (a) of Article XIX 15 of the 1973 IATSE Basic Agreement, it was the intention and understanding of the parties that the allocation of the percentage payments as provided for in paragraph (b) of said Article XIX 15 of the 1973 IATSE Basic Agreement was to apply to accountable receipts received by Producer between February 1, 1973 and February 1, 1976 derived from the distribution on free television of all applicable theatrical motion pictures, the principal photography of which commenced after January 31, 1960, regardless of which IATSE Basic Agreement applies. Because of such wording, however, a Producer may have allocated certain "percentage payments" in the proportion of seventy-five percent (75%) to the Motion Picture Industry Pension Plan and twenty-five percent (25%) to the Motion Picture Health and Welfare Fund, instead of fifty percent (50%) to the Pension Plan and fifty percent (50%) to the Motion Picture Industry Retiree Health and Welfare Fund. If the Producer did so allocate "percentage payments," such Producer shall, insofar as it is concerned, be deemed to have complied with its obligations to under the applicable provisions of the 1973 IATSE Basic Agreement, but the Pension Plan shall refund to the Retiree Health and Welfare Fund one-third (a) of the seventy-five percent (75%) so allocated to the Pension Plan, and the Welfare Fund shall refund to the Retiree Health and Welfare Fund the whole of the twenty-five percent (25%) so allocated to the Welfare Fund. The following provisions of this Article 15 relate and apply only to theatrical motion pictures produced by Producer with employees employed by Producer under this Agreement, the principal photography of which commenced on or after August 1, 2018, which motion pictures for the first time are, either during the term hereof or at any time thereafter, released to free television. (Such motion pictures are referred to in this Article as the "motion picture" or "motion pictures.") In addition, the allocation of percentage payments provided for in subparagraph (b) of this Article 15 shall apply to all monies payable on and after August 1, 2018, 2018 for the distribution on free television of all motion pictures referred to in this subparagraph (a), regardless of which Local #40 Agreement governs.

Appears in 1 contract

Samples: Agreement of August

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