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Agreement - Teamsters Local 399

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(c) Whether the Plan is likely to or can be structured to satisfy all<br />

legal requirements for 401(k) plans (e.g., Will it satisfy nondiscrimination<br />

testing requirements? What are the consequences if it<br />

does not?)<br />

The committee will convene as soon as reasonably practical. In the<br />

event that the IATSE chooses not to participate in the study, then the<br />

study shall be conducted solely with the Basic Crafts Unions and the<br />

AMPTP.<br />

ARTICLE 14.<br />

Pre ‘60 Theatrical Pictures; Pay Television<br />

(a) The exhibition of any motion picture by television for which<br />

a charge is paid by or assessed to or collected from the viewing<br />

audience, including subscription, telemeter, or any other method<br />

whereby a charge is paid by the viewing audience for the right to view<br />

such motion picture, is herein referred to as “pay television.”<br />

A “free television” picture is a motion picture initially<br />

released on television, other than pay television.<br />

As to all motion pictures, it is recognized and acknowledged<br />

that the Producer has the unrestricted right to use, exhibit and market the<br />

same for any purpose, in any manner and by any method now known or<br />

hereafter developed, and that the Producer does not hereby relinquish or<br />

surrender any of its property rights therein. Except as otherwise<br />

specifically provided herein, the exhibition of a motion picture by pay<br />

television is theatrical exhibition and is merely an extension or substitute<br />

for the theatrical box office.<br />

(b) It is expressly understood and agreed that the Basic Crafts<br />

Unions do not and will not make any claim for compensation or other<br />

payments with respect to the exhibition on any form of television<br />

(whether pay television or free television) of theatrical motion pictures,<br />

the principal photography of which commenced prior to January 31,<br />

1960, and that, with respect to theatrical motion pictures, the principal<br />

photography of which commenced on or after such date, Producer’s only<br />

obligation with respect to the exhibition of such pictures on free<br />

television is to make the payments referred to in Article 15, entitled<br />

“Post ‘60 Theatrical Motion Pictures,” and with respect to theatrical<br />

motion pictures, the principal photography of which commenced on or<br />

after August 1, 2012, Producer’s obligations shall be those contained in<br />

this Basic <strong>Agreement</strong>.<br />

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