Suspension and Termination of Directors. 101 Except as expressly provided in this Article, the provisions of this BA with reference to the obligation of the Employer to furnish employment for the respective "guarantee" periods specified, or to provide for payment of salary in aggregate amounts herein specified, shall, of course, be subject to any and all rights of suspension and/or termination which the Employer may have by contract or otherwise in the event of any incapacity or default of the Director or, in the case of any interference, suspension or postponement of production by reason of strikes, acts of God, governmental action, regulations or decrees, casualties, or any other causes provided for in the so-called "force majeure" clause of such Director's contract of employment or the force majeure provisions of this BA. No suspension or termination of Director's services shall be permitted or effected by Employer under such force majeure clause or provisions unless the entire cast and the Director of Photography of the picture are likewise suspended or terminated, as the case may be. Subject to such rights of suspension and/or termination, the obligation of the Employer upon entering into a contract for the employment of a Freelance Director to furnish employment during any of the foregoing "guarantee" periods of employment shall be wholly satisfied by the payment of the agreed salary for the applicable minimum period. With respect to only theatrical motion pictures, or television films sixty-one (61) minutes or more in length, the illness or incapacity for one (1) week or less of a member of the cast or any other person in connection with the picture shall not be considered "force majeure." With respect to television motion pictures: If the Director is employed on a film under sixty-one (61) minutes in length, and he is suspended by reason of illness or incapacity of a member of the cast or any other person connected with the picture, then the Director may forthwith terminate the employment, but if such termination occurs, the Employer may thereafter employ the same or another Director to fulfill the remaining portion of the guaranteed period of employment. The Employer further agrees that if, despite such suspension, the star of the picture or the Director of Photography is paid in whole or in part with respect
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Samples: Basic Agreement, Basic Agreement
Suspension and Termination of Directors. 101 (a) Except as expressly provided in this Article, the provisions of this BA Agreement with reference to the obligation of the Employer to furnish employment for the respective "guarantee" periods included days specified, or to provide for payment of salary in aggregate amounts herein specified, shall, of course, be subject to any and all rights of suspension and/or termination which the Employer may have by contract or otherwise in the event of any incapacity or default of the Director or, in the case of any interference, suspension or postponement of production by reason of strikes, acts of God, governmental action, regulations or decrees, casualties, casualties or any other causes provided for in the so-called "force majeure" clause of such Director's contract of employment or the force majeure provisions of this BAAgreement. No suspension or termination of Director's ' s services shall be permitted or effected by Employer under such force majeure clause or provisions unless the entire cast and the Director of Photography of the picture are is likewise suspended or terminated, as the case may be. Subject to such rights of suspension and/or termination, the obligation of the Employer upon entering into a contract for the employment of a Freelance freelance Director to furnish employment during any of the foregoing "guarantee" periods included days of employment shall be wholly satisfied by the payment of the agreed salary for the applicable minimum period. With respect to only theatrical motion pictures, or television films programs of sixty-one (61) minutes or more in length, the illness or incapacity for one (1) week or less of a member of the cast or any other person in connection with the picture program shall not be considered "" force majeure." With respect to television motion pictures: If the Director is employed on a film programs under sixty-one (61) minutes in length, and he if the Director is suspended by reason of illness or incapacity of a member of the cast or any other person connected with the pictureprogram, then the Director may forthwith terminate the employment, but if such termination occurs, the Employer may thereafter employ the same or another Director to fulfill the remaining portion of the guaranteed period of employment. The Employer further agrees that if, despite such suspension, the star of the picture or the Director of Photography program is paid in whole or in part with respectrespect to such program, then the Director will be paid in the same pro rata amount as the star is paid. The foregoing provision shall not apply to the continuation of payments to a term performer who is carried by the Employer under the provisions of a term contract.
(b) After the expiration of the period of suspension mentioned above, the Employer may not again suspend the Director for the same cause during the further continuance of the same cause of suspension, but if, after the termination of such cause, there is a new occurrence of the same or any other cause of suspension, the Employer may again exercise its rights under said " force majeure" clause.
(c) If the production of the program is cancelled and the Director is terminated due to such a "force majeure," then, in the event the production of such program is recommenced within six (6) months, the Director, subject to his availability, shall be offered reinstatement for the balance of his previous employment agreement to direct the program in accordance with the terms of such previous employment agreement, and such offer shall immediately be accepted in writing by the Director within forty- eight (48) hours after the offer is received and, if not, the offer shall be deemed to be rejected.
(d) The provisions of this Paragraph 12. shall not apply to contracts of employment entered into on or before the July 1, 1981, as to which the 1978 Agreement shall apply.
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Suspension and Termination of Directors. 101 (a) Except as expressly provided in this Article, the provisions of this BA Agreement with reference to the obligation of the Employer to furnish employment for the respective "guarantee" periods included days specified, or to provide for payment of salary in aggregate amounts herein specified, shall, of course, be subject to any and all rights of suspension and/or termination which the Employer may have by contract or otherwise in the event of any incapacity or default of the Director or, in the case of any interference, suspension or postponement of production by reason of strikes, acts of God, governmental action, regulations or decrees, casualties, casualties or any other causes provided for in the so-called "force majeure" clause of such Director's contract of employment or the force majeure provisions of this BAAgreement. No suspension or termination of Director's services shall be permitted or effected by Employer under such force majeure clause or provisions unless the entire cast and the Director of Photography of the picture are is likewise suspended or terminated, as the case may be. Subject to such rights of suspension and/or termination, the obligation of the Employer upon entering into a contract for the employment of a Freelance freelance Director to furnish employment during any of the foregoing "guarantee" periods included days of employment shall be wholly satisfied by the payment of the agreed salary for the applicable minimum period. With respect to only theatrical motion pictures, or television films sixty-programs of sixty- one (61) minutes or more in length, the illness or incapacity for one (1) week or less of a member of the cast or any other person in connection with the picture program shall not be considered "force majeure." With respect to television motion pictures: If the Director is employed on a film programs under sixty-one (61) minutes in length, and he if the Director is suspended by reason of illness or incapacity of a member of the cast or any other person connected with the pictureprogram, then the Director may forthwith terminate the employment, but if such termination occurs, the Employer may thereafter employ the same or another Director to fulfill the remaining portion of the guaranteed period of employment. The Employer further agrees that if, despite such suspension, the star of the picture or the Director of Photography program is paid in whole or in part with respectrespect to such program, then the Director will be paid in the same pro rata amount as the star is paid. The foregoing provision shall not apply to the continuation of payments to a term performer who is carried by the Employer under the provisions of a term contract.
(b) After the expiration of the period of suspension mentioned above, the Employer may not again suspend the Director for the same cause during the further continuance of the same cause of suspension, but if, after the termination of such cause, there is a new occurrence of the same or any other cause of suspension, the Employer may again exercise its rights under said "force majeure" clause.
(c) If the production of the program is cancelled and the Director is terminated due to such a "force majeure," then, in the event the production of such program is recommenced within six (6) months, the Director, subject to his availability, shall be offered reinstatement for the balance of his previous employment agreement to direct the program in accordance with the terms of such previous employment agreement, and such offer shall immediately be accepted in writing by the Director within forty-eight (48) hours after the offer is received and, if not, the offer shall be deemed to be rejected.
(d) The provisions of this Paragraph 12. shall not apply to contracts of employment entered into on or before the July 1, 1981, as to which the 1978 Agreement shall apply.
Appears in 1 contract
Suspension and Termination of Directors. 101 Except as expressly provided in this Article, the provisions of this BA with reference to the obligation of the Employer to furnish employment for the respective "guarantee" periods specified, or to provide for payment of salary in aggregate amounts herein specified, shall, of course, be subject to any and all rights of suspension and/or termination which the Employer may have by contract or otherwise in the event of any incapacity or default of the Director or, in the case of any interference, suspension or postponement of production by reason of strikes, acts of God, governmental action, regulations or decrees, casualties, or any other causes provided for in the so-called "force majeure" clause of such Director's contract of employment or the force majeure provisions of this BA. No suspension or termination of Director's services shall be permitted or effected by Employer under such force majeure clause or provisions unless the entire cast and the Director of Photography of the picture are likewise suspended or terminated, as the case may be. Subject to such rights of suspension and/or termination, the obligation of the Employer upon entering into a contract for the employment of a Freelance Director to furnish employment during any of the foregoing "guarantee" periods of employment shall be wholly satisfied by the payment of the agreed salary for the applicable minimum period. With respect to only theatrical motion pictures, or television films sixty-one (61) minutes or more in length, the illness or incapacity for one (1) week or less of a member of the cast or any other person in connection with the picture shall not be considered "force majeure." With respect to television motion pictures: If the Director is employed on a film under sixty-one (61) minutes in length, and he is suspended by reason of illness or incapacity of a member of the cast or any other person connected with the picture, then the Director may forthwith terminate the employment, but if such termination occurs, the Employer may thereafter employ the same or another Director to fulfill the remaining portion of the guaranteed period of employment. The Employer further agrees that if, despite such suspension, the star of the picture or the Director of Photography is paid in whole or in part with respectrespect to such picture, then the Director will be paid in the same pro rata amount as the star or the Director of Photography is paid. If there is a difference in the proportionate amount paid to the star and the Director of Photography, then the higher proportionate amount shall be paid to the Director. The foregoing provision shall not apply to the continuation of payments to a term player or Director of Photography who is carried by the Employer under the provisions of a term contract.
Appears in 1 contract
Samples: Basic Agreement