MEMORANDUM OF AGREEMENT - American Guild of Musical Artists

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cover a performance and if such request is granted shall be compensated as if the Dancer had been originally so designated. If the foregoing constitutes our understanding, kindly execute a copy of this letter in the space provide and it shall be deemed a binding clarification between the parties in connection with paragraph 25 Alternates and Understudies. Very truly yours, BALLET THEATRE FOUNDATION, INC. By: __________________________ ACCEPTED & AGREED: AMERICAN GUILD OF MUSICAL ARTISTS By: __________________________ 4838-7492-6350.5
TRAVEL SIDELETTER August 1, 2011 Alan S. Gordon, Esq. National Executive Director AGMA 1430 Broadway, 14th Floor New York, NY 10018 Dear Mr. Gordon: Ballet Theatre Foundation, Inc. d/b/a/ American Ballet Theatre (“ABT”) and the American Guild of Musical Artists (“AGMA”) recognize that travel, and in particular international travel, has become increasingly complex, expensive and inconvenient, and that they wish to facilitate ABT’s ability to continue its role as a touring company without causing undue burden on the dancers. As a result, ABT and AGMA have agreed upon the following measures on an experimental basis to addresses these concerns. 1. AGMA may designate a tour committee from among the Artists and one or more representatives of AGMA. Representatives of ABT shall meet with such committee at mutually agreed upon times to discuss contemplated arrangements with respect to international tour schedules and transportation. 2. ABT shall submit to the tour committee in advance of final booking, planned tour schedules, including: (a) travel dates; (b) projected duration of travel; (c) performance dates; and (d) free days and (e) for international tours, the type of breakfast, if any, offered by the hotels and the available hours (except where time and/or financial constraints require otherwise in which case such information shall be submitted as soon as practicable). 3. ABT will consider in good faith and use best efforts to accommodate the tour committee’s recommendations, but because of the complexity of travel and tour planning and contractual and financial constraints, ABT’s determinations with respect to tour schedules and travel arrangements, to the extent consistent with the other terms of the collective bargaining agreement between ABT and AGMA, shall be final. 4. Subject to ABT’s compliance with the terms of this letter, travel overtime payments and payments for invasion of span for international travel, from point of departure at the beginning of the tour to the arrival, and the point of departure at the conclusion of the tour to the arrival, shall not apply. 5. In the event ABT shall fail to comply with its obligations pursuant paragraphs 1, 2 and 3 regarding any tour, AGMA may declare paragraph 4 of this letter null and void as to that tour. 4838-7492-6350.5
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Page 11: ALTERNATES AND UNDERSTUDIES SIDELET
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MEMORANDUM OF AGREEMENT - American Guild of Musical Artists

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