Union Agreement and Membership. To the extent that any provision in this Agreement conflicts with the mandatory provisions of any collective bargaining agreement applicable to and binding upon Purchase in connection with any rights granted to Purchaser by Seller herein, or in connection with the rendition of Seller’s services hereunder (including, without limitation, the WGA Agreement) (the "Union Agreement"), the Union Agreement shall prevail; provided, however, that in the event of such conflict, the affected provisions of this Agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum mandatory terms and conditions of the Union Agreement. If, pursuant to the Union Agreement, Seller is entitled to any payment in addition to or greater than those set forth herein, then any such additional or greater payment made by Purchaser shall, except to the extent expressly prohibited by such collective bargaining agreement, be considered as an advance against and deducted from any such sum which may subsequently become payable to Seller hereunder. If in determining the payments to be made hereunder, there is required any allocation of the compensation paid to Seller as between Seller’s various services, Seller agrees to be bound by such allocation as may be made by Purchaser in good faith. Purchaser shall acquire the maximum rights permitted to be acquired pursuant to the Union Agreement. Seller agrees to the content of any and all waivers that Purchaser may obtain from any relevant union. Seller warrants and represents that Seller is a member in good standing of the Writers Guild of America. Purchaser shall not be entitled to apply overscale compensation for Seller’s services in connection with the Picture in reduction of any other payments due to Seller under the Agreement or of any union or guild residual payments or to cross collateralize contingent compensation with union or guild residual payments or vice versa. Company agrees to pay on behalf of Seller directly to the proper authority concerned all applicable WGA union pension, health and welfare fund contributions; provided, however, in no event shall the aggregate amount of such payments exceed the total of all similar payments which Purchaser would be required to make had Purchaser employed Seller directly. Any such payments will be treated by Purchaser for United States federal, state and local tax purposes as additional income paid by Purchaser to Seller as if Seller made suc...
Union Agreement and Membership. To the extent that any provision of this Agreement conflicts with the mandatory provisions of any collective bargaining agreement applicable to and binding upon Purchaser in connection with the rendition of Seller's services hereunder (including, without limitation, the WGA Agreement), the WGA Agreement shall prevail; provided, however, that in such event the provision(s) of this Agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum mandatory terms and conditions of the WGA Agreement. Purchaser shall have the full benefit of all rights accorded employers under the WGA Agreement. To the extent and during such periods as it may be lawful for Purchaser to require Seller to do so hereunder, Seller is or shall become and remain a member in good standing of any appropriate union(s), including, without limitation, the Writers Guild of America. If Seller fails, neglects or refuses to become a member in good standing of any such union(s), Purchaser shall have the right at Purchaser's sole election (in addition to its other rights and remedies hereunder) to terminate this Agreement or to pay on Seller's behalf any required dues, fees or other payments to such union(s) and in the event of any such payment, Purchaser may deduct the amounts paid by Purchaser from any compensation otherwise payable to Seller hereunder.
