Contract 2007-2011 - American Guild of Musical Artists

(c) Artists shall be offered employment on a performance basis or aguaranteed employment basis (except that during the first year of employment with theEmployer, Artists may be offered employment on a weekly basis) on the terms andconditions, and at no less than the minimum compensation hereinafter set forth.The foregoing notwithstanding, Artists who do not wish to accept employment ona guaranteed employment basis may accept employment on a weekly basis with theapproval of AGMA which approval shall not be unreasonably withheld.(d) When an Artist is employed on a weekly basis, and if such employment,although it is continuous employment, is covered by two (2) separate individualcontracts, the provisions of the Basic Agreement such as Free Day, Span, etc., will beapplicable as if the employment was covered by one (1) contract.(e) Whether to grant an Artist release from his/her obligations under anIndividual Artists’ contract shall be within the sole discretion of the Employer. Once arelease is granted, in writing and signed by the Artistic Director and Executive Director(or their designee(s)), it shall be irrevocable.7.ASSIGNMENT OF ARTIST’S CONTRACTThe Employer agrees that the individual contract of employment between theEmployer and any Artist may not be assigned or transferred to any individual orcorporation unless the written consent of AGMA and the Artist concerned shall havebeen endorsed on the face of the contract or, if not, the transfer of said individualcontract without such written consent shall be deemed null and void.8.LOWERING OF MINIMUMS AND WAIVERS PROHIBITEDThe Employer agrees that the minimum terms and conditions governing theemployment of Artists by the Employer are those contained herein, and the Employerfurther agrees that it will not enter into any contract with or employ any Artist uponterms and conditions less favorable to the Artist than those set forth herein. TheEmployer agrees that no waiver by an Artist of any provision of this Agreement or anycontract between any Artist and the Employer shall be requested by the Employer or beeffective unless the written consent of AGMA to the making of such request or suchwaiver is first had and obtained, and the Employer further agrees that nothing in thisAgreement shall be deemed to prevent any Artist from receiving better than the termsprovided for herein. In any case, however, no agreement or contract between theEmployer and any Artist, whether or not such agreement or contract contains betterterms, shall be binding upon the Artist unless such agreement or contract is in writingand approved by AGMA in writing.The above provisions of this paragraph notwithstanding, it is agreed that themembers of the Company may, at a meeting of the Artists, consider a request by theEmployer for waiver of the provisions of this Agreement, and in which event a waiver isapproved only by two-thirds (2/3 rd s) vote of the total Artists covered by the BasicAgreement voting together, AGMA will grant such waiver.4847-3313-3571.10 3

9.CHOREOGRAPHER’S CONTRACTSChoreographers shall be compensated for their work as Choreographers inaddition to any and all compensation which may be due them hereunder for their workas Dancers, Stage Directors, Stage Managers, or their assistants. The Employer shallmake a written agreement with such Choreographers containing the terms andconditions upon which the Choreographer agrees to compose choreography and theEmployer agrees to engage the Choreographer to compose choreography and tocompensate him therefore not less than the following:(a) For a ballet choreographed by a new Choreographer choreographinghis/her first ballet for the Employer, (a new Choreographer shall be defined as an Artistwho has not had a ballet produced for regular performance by a professional dancecompany):Fee - $736.00; Royalties - $31.00 per performance.(b) For a minor ballet (defined as a ballet of not more than fifteen (15)minutes duration and employing not more than four (4) Dancers):Fee - $1043.000; Royalties $49.00 per performance.(c)For all other ballets;Fee - $1472.50; Royalties $61.32 per performance.A copy of the contract of any Choreographer covered by this Agreement shall befiled with AGMA upon request.10.SCHOLARSHIP APPRENTICE DANCERSAGMA agrees that the Employer may engage not more than six (6) ApprenticeDancers to appear with the Company under the following terms and conditions.(a) Apprentice Dancers are defined as Dancers under age twenty-two (22)who have not had twenty (20) weeks or more of experience under an AGMA contract.(b) Apprentice Dancers may appear with the Company during a given sixty(60) week period not to exceed twenty-one (21) weeks. After appearance with theCompany for twenty-one (21) weeks within a sixty (60) week period or sixty (60) weeksfrom first appearance, whichever occurs sooner, Apprentice Dancers must becomeregular members of the Company and to be paid no less than the minimum for first yearCorps Dancers, or be discontinued as Apprentice Dancers.(c) Apprentice Dancers shall be listed on the company roster and shall belisted in the program on those occasions where they appear in performance with thecompany.(d) The Employer agrees that the appearance of the Apprentice Dancerswill not reduce the normal strength of the Corps de Ballet.4847-3313-3571.10 4

(e) The Employer agrees to discuss with AGMA, the validity of any allegedabuses under this paragraph.(f) Salary: Apprentice Dancers shall be paid four-fifths (4/5 ths ) of thesalary for first year Corps Dancers. For the term of this Agreement those weekly ratesare:07/08 08/09 09/10 10/11680.694. 707. 726.(g) In the event an Apprentice is cast in the first cast of any ballet, otherthan a full-length ballet, the Apprentice shall be compensated for the entireperformance week at the first year corps rate.11.CONTRIBUTION TO EMPLOYER PROHIBITED(a) No officer, director, employee or agent of the Employer and no personwho occupies the relationship of independent contractor to the Employer shall act asmanager, agent or personal representative of any member of AGMA or receive directlyor indirectly, any compensation or remuneration of any kind or nature whatsoever fromany member of AGMA. The Employer shall be responsible for enforcing compliancewith the preceding sentence. Within ten (10) days after notice is given by AGMA to theEmployer of any violation of this paragraph, the Employer shall correct such violation.If the Employer shall fail to correct such violation within such time, then the Employershall be deemed to have committed a material and substantial breach of this contract.(b) The Employer agrees that no AGMA member will be solicited orrequired to make any payments or contributions of any kind or nature whatsoever or tohave such payments or contributions made by any other person, firm or corporation toor for the benefit of the Employer, or anyone else, in order to acquire or continueemployment by the Employer or as a condition of acquiring such employment or anypreferment in such employment, and the Employer agrees that it will not accept orreceive any such payments, or conditions.12.PAYMENT OF SALARIESSubject to any special arrangement that may be agreed upon between AGMA andthe Employer, the Employer agrees that all Artists, except Artists engaged for a singleperformance, shall be paid by the seventh day of each week, commencing with theseventh day of the first week in which the Employer rehearses or presents anyperformances. Artists who are engaged for a single performance shall be paidimmediately preceding the commencement of each individual performance for whichthey have been engaged. All overtime payments, penalty payments, over mileagepayments, or any other payments which arise separate and apart from the weeklyminimum salaries, shall be paid by the Employer to the Artist no later than two (2)weeks following the week the liability arises.4847-3313-3571.10 5

13.SALARIES PAID IN LEGAL TENDERAll payments required to be made by the Employer to the Artist shall be in legaltender of the United States, irrespective of whether any performances are renderedinside or outside the United States. All minimum rates of compensation set forth in theAgreement, all other rates of compensation set forth in every individual contractbetween the Employer and the Artist must be paid in legal tender of the United Statesand not otherwise.14.NON-PAYMENT OR PARTIAL PAYMENT OF SALARIESNon-payment, or partial payment, of salaries when due, shall be deemed amaterial breach of contract giving any Artist the right to terminate forthwith his/hercontract with the Employer. However, upon application and sufficient proof by theEmployer, AGMA in its discretion, may grant the Employer a grace period not to exceedseven (7) days.15.DEFINITIONSWhenever used in this Agreement, unless otherwise provided:(a) Rehearsal Week - The term “Rehearsal Week” shall mean a “week”commencing on the first rehearsal day of the Employer running for seven (7)consecutive days during which no performances are given, it being understood that aRehearsal Week consists of not more than thirty (30) “Regular Rehearsal Hours” perweek or not more than six (6) “Regular Rehearsal Hours” per day within a 9-hour span.Sunday and Monday of each such seven (7) consecutive days will be the free dayshereinafter provided, subject to the span provisions provided herein, during which theArtist may not be required to rehearse unless as provided in the Basic Agreement.(b) Performance Week – The term “Performance Week” shall mean a“week” commencing on the first (1 st ) performance day of the Employer running forseven (7) consecutive days during which at least one (1) performance shall be given. Anyone (1) of the such seven (7) consecutive days may be the free day hereinafter provided,subject to the span provisions provided herein, during which the Artist may not berequired to perform except as provided in the Basic Agreement.(c) The City of Origination – The term “City of Origination” shall mean thecity of New York, New York.(d) Free day – The term “Free Day” shall be a period of time during whichthe Artist may not be required to travel, perform, rehearse or perform any services orobligations for the Employer whatsoever. The Free Day shall not be interrupted byCompany functions, photo calls, costume fittings and so forth. Individual Artists shallnot volunteer any such services without prior written consent from AGMA.(1) The Employer and AGMA agree that during Rehearsal WeeksSunday and Monday will be the Free Days.4847-3313-3571.10 6

(2) During Performance Weeks in the City of Origination, theremust be one (1) Free Day after every six (6) days of a Performance Week. DuringPerformance Weeks while on tour, there must be a Free Day after nine (9) days. Underno circumstances, however, will an Artist be required to work more than nine (9)consecutive days.(3) (A) The Free Days during a Rehearsal Week shall be aperiod of sixty-one (61) consecutive hours when a 13-hour span is in effect, beginning atthe end of the ninth (9 th ) hour of the rehearsal span. Notwithstanding the foregoing,when the Company arrives back to Lincoln Center from the Eastern or Central time zoneprior to 12:30 A.M. after a domestic tour only, the free days in that week need not beconsecutive.(B) A Free Day during a Performance Week shall be aperiod of thirty-eight (38) consecutive hours when a 14-hour span is in effect, beginningat the time of the final curtain.(4) One of the Free Days during the week prior to a tour shall beon a day other than Saturday and Sunday.(5) (A) Following overseas travel to Europe or SouthAmerica, each Artist will be provided one (1) Free Day following the Travel Day providedthat:4847-3313-3571.10 7(1) During a Rehearsal Week preceding travel toEurope or South America, no additional compensationshall be required for the Artists to work one (1) additionalsix (6) hour day.(2) During a Performance Week preceding travel fromthe City of Origination to Europe or South America, noadditional compensation shall be required for the Artiststo travel on the day following six (6) consecutive days ofservice.(B) Each Artist will be provided one (1) Free Dayfollowing the Travel Day from the continental United States and upon arrival in Asia.(6) Each Artist will be provided one (1) Free Day immediatelyfollowing the Met season.(e) Emergency Rehearsal – An “Emergency Rehearsal” shall mean anypreviously unscheduled rehearsal necessitated by the inability of an Artist to performdue to sickness or injury or by other factors not within the Employer’s control, whensuch emergency was not known to the Employer more than twenty-four (24) hours priorto the rehearsal, or when the Employer submits proof to the AGMA Delegate that therehearsal could not be scheduled at any other time because of such emergency. TheArtist called for Emergency Rehearsal will receive regular overtime, or the Penalty Rateduring off-span, if otherwise applicable. If such Emergency Rehearsal replaces, or isadded to, an already scheduled rehearsal, the affected Artists shall nonetheless be

compensated for the Emergency Rehearsal at a rate equal to 50% of the Overtime Ratecalculated in fifteen (15) minute increments.(f) Corps de Ballet – A “New Corps Dancer” shall be defined as a Dancerwho is employed by the Employer as a member of the Corps de Ballet for the first time.A “Corps Dancer” shall be defined as a Dancer who has been so designated by theEmployer in the Dancer’s second (2 nd ) individual contract.(g) Solo Dancer – A “Solo Dancer” shall be defined as a Dancer who hasbeen so designated by the Employer in the Dancer’s individual contract and/or thepublic announcements, programs and other literature issued by the Employer.(h) Principal Dancer – A “Principal Dancer” shall be defined as a Dancerwho has been so designated by the Employer in the Dancer’s individual contract and/orthe public announcements, programs and other literature issued by the Employer.(i) Run-through or Rehearsal – Non-Paying Audience – AGMA agreesthat the Employer may invite, to Run-throughs or rehearsals, a non-paying audiencemade up of Friends of the American Ballet Theatre, other professional dancers and/orprospective contributors and/or full-time students when it is part of a class-wide orschool-wide invitation. Such Run-throughs or rehearsals to be counted as rehearsaltime.(j) Dress Rehearsal – A “Dress Rehearsal” is defined as a rehearsal wherethe cast has been called in costume.(k) Technical Rehearsal – A “Technical Rehearsal” is defined as a rehearsalin which the following three (3) elements are all present:LightingSceneryStage Hands(l) Matinee Performance – A “Matinee Performance” is defined as aperformance which begins prior to 5:00 p.m.(m) Regular Rehearsal Hours – The term “Regular Rehearsal Hours” shallapply to those hours covered under weekly compensation for which there is noadditional compensation. Regular Rehearsal Hours are computed on a half-hour basis.(n) Overtime Rate – The term “Overtime Rate” shall mean the hourly rateof: from 8/1/07 through 7/31/09, $51.00; 08/01/09 through 07/31/11, $53.00; payablein half-hour increments for each half hour or fraction thereof.All of the Regular Rehearsal Hours included during Performance Weeks and theRegular Rehearsal Hours included during single performance engagements arecomputed on a half hour basis.4847-3313-3571.10 8

(o) Penalty Rate – The term “Penalty Rate” shall mean the hourly rate of:from 8/1/07 through 7/31/09, $69.00; from 08/01/09 through o7/31/11, $72.00;payable in half-hour increments for each half hour or fraction thereof.All penalty hours will be computed and paid for on a half hourly basis. If arehearsal is both an overtime and a penalty hour, it will be paid for only as a penaltyhour.(p) Double Overtime Rate – The term “Double Overtime Rate” shall meanOne Hundred Dollars ($100.00) per hour, paid in half-hour increments but no less thanSeventy-Five Dollars ($75.00) for any call.This rate shall apply to non-Emergency Rehearsals called during any Off-span oron Free Days; provided, that for Emergency Rehearsals called on a Free Day, this ratewill be computed on a (1/2) hour basis.(q) Master Overtime Sheet/Overtime Claim Forms – The Employer shallhave a daily master overtime and penalty sheet posted by the designated rehearsalsupervisor. The Employer shall distribute copies of overtime claim forms, reflecting thegranting or denial of claims for overtime.(r) Work Week – The term “Work Week” will mean a seven- day (7) periodfrom Monday through the following Sunday.(s) Resident City – A “Resident City” is defined as a city in which thecompany remains for at least one (1) week (7 days).(t)Ballet Masters(1) The Ballet Master (or a cover who shall assume the BalletMaster’s responsibility) shall be available in the theater at the half-hour call wheneverany work is being performed for which the Ballet Master is responsible. The BalletMaster or the cover shall keep the stage manager apprised of his/her whereabouts in thetheater.(2) The Ballet Master responsible for the performance (or a coverwho shall assume the Ballet Master’s responsibility) shall be present to conduct anyEmergency Rehearsal which is called after the half-hour call.to each ballet.(3) A Ballet Master (or cover for the Ballet Master) shall be assigned(4) When an Artist is assigned by the Employer to act as a BalletMaster, the Artist shall be paid at the Overtime Rate for the actual hours worked, in onehalf(1/2) hour segments.(5) All occasions during which Dancers are required to act as BalletMasters or Ballet Mistresses shall be assigned and scheduled.(u) Shoe Person Obligations – The Shoe Person will be responsible for alldying of shoes for specific ballets at least one day in advance. The Shoe Person will be in4847-3313-3571.10 9

the theater no later than the half-hour call. The Shoe Person will be responsible fordying of shoes for all Dress Rehearsals and Technical Rehearsals no later than one-half(1/2) hour prior to these rehearsals. Artist must advise the Shoe Person of any changesin their shoe orders far enough in advance so as to guarantee adequate shoes for thecoming season. For every Dancer signed on a yearly contract, this is to be done at leastthree (3) times each year, i.e., October 1, February 1, and June 1. The Shoe Person willadvise individual artists, upon request, of the current status of their shoe orders and ofthe length of time needed to replace or provide new shoes.(v) Company Class – The Employer agrees to provide a class no less thanone and one-quarter (1-1/4) hours and no more than one and one-half (1-1/2) hours, ata time posted on the rehearsal schedule.(w) Off Span – Off-span is the Artist’s free time during which the Employermay not call the Artist for any reason without paying applicable premium rate.(x)Student Performances/Lecture DemonstrationsStudent Performances/Lecture Demonstrations on a performance day shall becompensated at $100.00 for the first hour or fraction thereof and thereafter at a rate of$100.00 per hour, payable in half hour increments, for each Artist participating in theStudent Performances/Lecture Demonstration. Participation shall be on a voluntarybasis. Time spent warming up for participation in the Student Performances/LectureDemonstration and up to one-half hour for getting into and out of consume and makeup,for participation in Student Performances/Lecture Demonstration shall be excludedfrom any period for which compensation may be due. All time spent warming up,getting into and out of consume and make-up, etc. in preparation for a StudentPerformances/Lecture Demonstration shall not be counted toward rehearsal time. Ifthe Student Performances/Lecture Demonstration is scheduled for that day before thenormally scheduled Company Class, the warm-up will be provided.(y)Saturday Family BalletsWith respect to Saturday Family Ballets (“SFB”) contemplated at theMetropolitan Opera House during ABT’s “Met” season and at the City Center duringABT’s “City Center” season, the following will apply:(1) For the purposes of this Article, a “service” shall be defined aseither a performance, a rehearsal, or a performance where the Artist has beendesignated as an understudy.(2) Compensation for a participating Artist shall be based on:(A) No other service on the day of SFB $150(B) One other service on the day SFB $200(C) Two other services on the day SFB $250(D) A performance on the Friday night prior to the SFBand two performances on the day of the SFB and twoperformances on the day after the SFB $4504847-3313-3571.10 10

casting.(3) The Employer shall provide two (2) weeks advance notice of(4) During each year of the collective bargaining agreement thereshall be no more than one (1) SFB at the City Center requiring mandatory participationand no more than one (1) SFB at the Metropolitan Opera House requiring mandatoryparticipation. Participation of an Artist in all other SFB’s shall be voluntary.(5) Time spent warming up for participation in SFB’s and up to onehalfhour for getting into and out of costume and make-up for participating in SFB, shallbe excluded from any period for which compensation may be due. If the SFB isscheduled for that day before the normally scheduled Company Class, a warm-up will beprovided.(z)Outside EventsOutside events during weeks otherwise designated as work weeks shall becompensated at the following rates:Corps - $325; Soloist - $425; Principal - $600; Stage Manager - $600rates:Outside Events during non-work weeks shall be compensated at the followingCorps - $800; Soloist - $1150; Principal - $1400; Stage Manager - $1400.(aa)Breaks During Rehearsal DaysWith the exception of Technical Rehearsals, the Artist shall not work more thanfifty-five (55) minutes without a five (5) minute break and at no time will an Artistrehearse for more than ninety (90) minutes without being given a break of at least ten(10) minutes. During Technical Rehearsals, the Artists shall not work more than three(3) hours without less than two (2) separate five (5) minute breaks provided to all Artistsat the same time during the three (3) hour Technical Rehearsal span. If the TechnicalRehearsal extends beyond three hours or there is an additional rehearsal call followingthe Technical Rehearsal, one (1) additional five (5) minute break will be providedimmediately following the three (3) hour Technical Rehearsal span. The Employer willschedule breaks between Acts or individual ballets. However, for Technical Rehearsalsof programs that do not provide traditional breaks between Acts or an individual ballet,the scheduling department will coordinate with the AGMA/IAA delegates prior to theposting of the rehearsal schedule, in order to determine when both five (5) minutebreaks are to occur and if Artists may receive their breaks at different times.16. MINIMUM COMPENSATION – REHEARSAL AND PERFORMANCE WEEKSSENIORITY MINIMUM -(a)Artists on weekly or guaranteed basis.4847-3313-3571.10 11

(1) Weekly compensationEach contract year (season) shall run from August 1 st to and including July 31 st of thefollowing year. Weekly compensation shall be as follows:Eff. Eff. Eff. Eff.Corps. 8/1/07 8/1/08 8/1/09Year 18/1/10$850. $867. $884. $907.Year 2 $1092. $1114. $1137. $1165.Year 3 $1368. $1395. $1423. $1459.Year 4 $1642. $1675. $1717. $1768.Year 5 $1691. $1725. $1768. $1821.Rates shall move diagonally. For example, a Dancer beginning his/her second year inthe Corps in the 2007-08 season receives $1092 per week for that season; will receive$1365 per week in the 2008-09 season; will receive $1717 per week in the 2009-10season. A Corps Dancer who has completed five years of employment shall in eachsubsequent year receive an additional Twelve Dollars ($12.00) in weekly wages per weekper year.If a Corps Dancer is requested to dance a role or roles as a step up in aperformance, which role or roles are considered to be soloist or principal roles, then foreach performance (whether one or more roles are danced) said Dancer shall be paidFifty Dollars ($50.00 ).Eff. Eff. Eff. Eff.8/1/07 8/1/08 8/1/098/1/10Soloist (First 3Soloist Years)$1942. $1991. $2041. $2102.Soloist (After 3 $1990. $2039. $2090. $2153.Soloist Years)Principal $2178. $2233. $2288. $2357.Primary $2025. $2076. $2127. $2191.Stage ManagerStage Manager $1796. $1841. $1887. $1944.Assistant $1459. $1495. $1532. $1578.Stage Manager(2) If there is one (1) AGMA Delegate, then the AGMA Delegate feeis $175.00 per week for fifty (50) weeks per year; if there are two (2) AGMA Delegates,then the AGMA Delegate fee is $100.00 per AGMA Delegate per week for fifty (50)weeks per year.4847-3313-3571.10 12

(3) Extraordinary Risk – The term “Extraordinary Risk” shall beapplied to a performance or on stage technical or Dress Rehearsal which entails one ormore of the following high risk feats for an Artist:(A)(B)(C)(D)(E)suspension from a trapeze, wire or like contrivancemore than four (4) feet above the stage floor;performing on stilts or like devices which placeARTIST’S feet more than four (4) feet above the stage:operating explosive or pyrotechnic devices;handling fire;any other form of high risk feat endangering Artist(s)to injury as mutually determined by AGMA and theEMPLOYER prior to the first performance.Notwithstanding the foregoing, performing on any construction or apparatusbuilt above the stage floor or orchestra pit, regardless of height, shall not be considered“EXTRAORDINARY RISK” if it is of such stability, width, and protective danceablility,as mutually determined by AGMA and the EMPLOYER.For each instance of Extraordinary Risk the Artist shall be compensated at therate of $45.00 for each on-stage Technical Rehearsal, each Dress Rehearsal, and eachPerformance.If the agreed upon conditions of Appendix A are met by the Employer, the use ofsharp weapons, swords, and/or other props used as weapons, shall not be consideredExtraordinary Risk.(4) Seniority Minimum – For the purpose of determining theeligibility of the Artist to any seniority compensation provided for herein, an Artist shallbe required to have been employed by the Employer no less than eighteen (18) weeks,not necessarily consecutively, during the fifty-two (52) weeks prior to August 1 st of eachyear.Any Artist who is signed to an Artist’s individual contract after the effective dateof this Basic Agreement shall have his/her seniority compensation computed on thebasis of the provisions contained herein. Any Artist who is already under contract at thetime of the effective date of this Agreement and who has been receiving senioritycompensation under the Basic Agreement heretofore in effect shall not have anyseniority compensation he/she is presently receiving diminished.(5) Maximum Number of Performances – The Artist may berequired to take part in not more than eight (8) performances per week. If the Artistshall be required to take part in more than eight (8) performances in any week, he/sheshall be paid not less than one-seventh (1/7 th ) of his/her agreed upon weeklycompensation for each such additional performance. Each Artist shall receive duringPerformance Weeks one (1) Free Day as defined herein.(6)Pro-Rata Performances4847-3313-3571.10 13

(A) If the Artist shall be guaranteed not less thanone (1) full Performance Week, then the Employer shall have the right on two (2) weeks’prior notice to engage the Artist for not more than four (4) consecutive performancedays succeeding such guaranteed full Performance Week. He/she shall be paid for eachsuch performance a pro-rata amount of the Artist’s agreed-upon weekly compensationfor Performance Weeks calculated on the basis of one-sixth (1/6 th ) thereof, plus anadditional one-seventh (1/7 th ) for any day on which two (2) performances are scheduled.Employer shall have the right of engagement referred to above providing theArtist is engaged for rehearsals for the balance of the week, of which the said amount ofthe Artist’s agreed-upon weekly compensation for Rehearsal Weeks calculated on thebasis of one-sixth (1/6th) thereof for each day of rehearsal, and further provided, thatone (1) full week of rehearsals for the week immediately succeeding.(B) If the Artist is required to perform or rehearsein a city other than the City of Origination, the Artist shall receive hotelaccommodations and meal money as provided herein.(b)Single Performances(1) Compensation(A) Corps Dancers on a single performance basis shall bepaid not less than Ninety-Five Dollars ($95.00) per performance. For a singleperformance outside the City of Origination, the Corps Dancer shall receive not less thanthe performance fee plus hotel accommodations and meal money as provided herein.(B) Principal Stage Managers on a single performancebasis shall be paid not less than One Hundred Forty Four Dollars ($144.00) perperformance. For a single performance outside the City of Origination, the PrincipalStage Manager shall receive not less than the performance fee plus hotelaccommodations and meal money as provided herein.(C) Stage Managers and Assistant Stage Managers on asingle performance basis shall be paid not less than One Hundred and One Dollars($101.00) per performance. For a single performance outside the City of Origination,the Stage Managers and Assistant Stage Managers shall receive not less than theperformance fee plus hotel accommodations and meal money as provided herein.(D) In the event that the Employer wishes to engage SoloSingers or Chorus Singers, the Employer and AGMA will meet and negotiate with regardto appropriate rates .(2) Rehearsals – Artists shall be available for not more than eight(8) hours of general and Dress Rehearsals for each such single performance, whichrehearsals shall take place on the day of performance and the day immediatelypreceding the day of performance, without additional compensation.(3) Overtime Rehearsals – All rehearsals in excess of the numberoutlined in the preceding sub-paragraph shall be overtime rehearsals and shall be4847-3313-3571.10 14

compensated at (1/2) of the hourly Overtime Rate for each such additional (1/2) hour ofrehearsal hour or fraction thereof.For rehearsals that occur at the following time, the Employer shallcompensate the Artist at the Penalty Rate for each rehearsal hour or fraction thereofeven though the Employer may not have utilized the uncompensated rehearsal hoursprovided for in the immediately preceding sub-paragraph (2).given;(A)(B)(C)On a day in which two (2) single performances arePrior to 10:10 A.M.;After a performance.17. DOMESTIC AND FOREIGN TRAVEL ACCOMODATIONS : MEALALLOWANCES(a)Hotels(1) (A) During weeks of performance outside the City ofOrigination, the Employer shall provide and pay for hotel rooms including taxes for allDancers on a single occupancy basis. Any Dancer who notifies the Employer at leastfour (4) weeks prior to departure that he or she does not wish to stay in the designatedhotel or hotels, shall receive from the Employer an amount equal to one-half (1/2) thedouble room rate plus taxes in the designated hotel, plus an amount equal to one-third(1/3) the difference between one-half (1/2) the double room rate plus taxes and thesingle room rate plus taxes in the designated hotel. Any Dancer who voluntarily stays inthe designated hotel on a double occupancy basis shall receive an amount equal to onethird(1/3) the difference between one-half (1/2) the double room rate plus taxes and thesingle room rate plus taxes in the designated hotel. The amounts indicated above shallbe paid in addition to the meal allowance provided below.(B) If a Dancer who has signed for a room in a designatedhotel, as provided in (A) above, does not occupy the room in the designated hotelwithout written notice to the Employer three (3) days in advance, the Employer maydeduct the cost of the room for one (1) day from the Dancer’s per diem meal allowancesuntil said cost has been recovered.(C) Dancers shall be responsible for the payment of allhotel costs beyond the basic room rate taxes. Upon notification by the Employer to theDancer of an outstanding bill, the dancer shall have one (1) week either to confirm andpay the bill, or to contest the bill by written notice. If neither occurs, the costs may bededucted from the next per diem allowances payable to the Dancer.(2) The parties hereto have agreed on a list of hotels in certain citieswhich would be acceptable to them. The Hotels in Washington, DC – GeorgeWashington University Inn, Doubletree; River Inn, Watergate; Chicago, IL – AllegroHotel, The W Hotel, The Blake Hotel, The Palmer House; Orange County, CA – WestinHotel, Marriott Hotel Suites, Wyndham Hotel; Los Angeles, CA – The Omni Hotel,4847-3313-3571.10 15

Biltmore Hotel; Miami, FL – Marriott; Paris, France – Le Jardins Du Marais; Tokyo,Japan – Metropolitan Crown Plaza; Osaka, Japan – Grand Hotel. Whenever a newhotel is proposed for a U.S. City, then, if it is not clearly comparable to hotels set forthabove or it is not part of a recognized national chain such as Sheraton, Hilton, Hyatt,etc. and AGMA is not satisfied as to its quality, then a Dancer’s representative will besent to inspect the proposed hotel. During this visit the Dancers’ representative will alsoinspect the theater and rehearsal studios.(3) Employer shall supply a detailed itinerary, including performanceschedule, performance dates, hotel and theater addresses, as well as a list of the namesand addresses of M.D.’s, chiropractors or masseurs for all cities at least (3) weeks inadvance of any tour. It is understood that such listing of M.D.’s, chiropractors ormasseurs does not constitute a recommendation and that said listing shall be compiledfrom local telephone books.(4) An advance person will be sent to each city on tour where rehearsalaccommodations and dressing room conditions are unknown.(b)Meal Allowances(1) Per Diem – Per Diem meal allowances for each day spent outsidethe City of Origination shall be as follows:(A)$65.00Pro Rata Per Diem Meal AllowanceThe rates applicable to run-outs and when Artists depart from or return to the “city oforigin” shall be as follows:Departure before 10:00 a.m.: Full per diemDeparture between 10:00 a.m. and 2:00 p.m.: Lunch and dinner allowanceDeparture after 2:00 p.m.: Dinner allowance [subject to the last paragraph ofParagraph 17(b)(4)]Return before 10:00 a.m.: BreakfastReturn between 10:00 a.m. and 6:00 p.m.: Breakfast and lunchReturn after 6:00 p.m.: Full per diem(B)Employer will make best effort to provide banks on tour.(2) Domestic per diem for the first week of a domestic tour shall be paid to theArtist on the regular pay day prior to the commencement of the tour. If possible,primarily dependent upon whether the Employer has received American dollar advances4847-3313-3571.10 16

which includes per diem, foreign per diem for the first week shall be paid in Americandollars on the regular pay day prior to the commencement of the foreign tour, and if not,then in foreign currency within three (3) days of arrival on foreign soil.(A)International Meal AllowancesPer diem outside the U.S.A. shall be paid at the applicable U.S. State Departmentrate for meal money for breakfast, lunch, and dinner and fifty (50%) percent of the U.S.State Department rate for incidentals. The applicable U.S. State Department rate shallbe that rate which exists one (1) month in advance of departure. The waiver by AGMAof all penalties occasioned by any violation of the provisions of the Agreement shall notbe unreasonably withheld for international travel.(3) Foreign VisasFor Artist’s who are not citizens of the U.S., ABT shall pay for exit and/orentrance visas required by the Artist for work on ABT international tours.(4) Sustenance Payment During Travel – If an Artist under any type ofemployment contract is required to be outside of the City of Origination for any daysduring a week which is neither a rehearsal nor a Performance Week he shall receivehotel accommodations and meal money as provided herein.On a day following the close of a season which is neither a rehearsal nor aPerformance Week, the Artists will receive meal money if the company is returned to theCity of Origination prior to 2:00 P.M. If the Artists are not returned to the City ofOrigination by 2:00 P.M. on the day following the close of the season, which is neither arehearsal nor a Performance Week, they shall receive meal money as provided hereinand the average daily hotel rate, based upon single occupancy.No sustenance payment will be made for time spent in travel from the City ofOrigination if the company is called not earlier than 6:00 P.M., a full meal is provided,and no hotel accommodation is required for the night.18. SUPPLEMENTAL UNEMPLOYMENT BENEFITS: VACATION PAY(a) Supplemental Unemployment Benefits (“SUB”) shall be payable toeligible Dancers and Stage Managers in the amounts set forth below, for unemployedweeks during the contract year.CONTRACT YEARSUB AMOUNT PER WEEKEffective August 1, 2008 $285Effective August 1, 2009 $300(b) In applying for visas for foreign artists, the Employer shall include inits Petition a statement that the Employer does not object to the Artist acceptingemployment from other employers who sponsor such Artist. The Employer shall notobject to any claim for state unemployment benefits on the grounds that the Artist is nota U.S. citizen.4847-3313-3571.10 17

(c) If a Dancer, Principal Stage Manager, Stage Manager, or AssistantStage Manager is otherwise employed during the SUB period, no such supplementalunemployment benefits shall be due. The Employer may require an affidavit from anyperson applying for SUB that he or she has been unemployed for the period duringwhich benefits are claimed. If such affidavit is found to be false, the affiant may bedenied supplementary unemployment benefits for the remainder of his/heremployment with the Employer.(d) Artists eligible under (e) below shall receive vacation compensation inthe amount of 5.0% of the Artist’s weekly contractual salary, based on no less than theminimum guarantee of weeks. However, if an artist is released for more than twelve(12) working days during a contract year, then vacation compensation shall not be paidon the minimum guaranteed weeks, if any, in the Artist’s agreement, but shall be paidon the actual time the Artist worked. AGMA shall forthwith advise ABT whethervacation compensation for all Artists shall be paid in lump sum at the end of thecontract year or as part of an Artist’s weekly pay.(e) To be eligible for SUB and/or vacation benefits, an Artist shall berequired to have been employed under a guaranteed employment contract for no lessthan the number of guaranteed employment weeks in the contract year.19.CLOSING TIME OF PERFORMANCEThe Employer agrees that in the event a performance shall be concluded after11:30 P.M., of if the performance exceeds three (3) hours in length from curtain time,each Artist shall be compensated at one-half (1/2) the hourly Overtime Rate for eachhalf (1/2) hour or fraction thereof during which the Artist is required to perform after11:30 P.M. or in excess of three (3) hours from curtain time, provided, however, that ifthe conclusion of the performance was delayed by circumstances as outlined in Article44 (Force Majeure or similar circumstance), the Employer shall not be liable for thecompensation outlined above. AGMA shall consider the request of the Employer for awaiver of the penalty applicable for the conclusion of a performance after 11:30 P.M.,and the granting of such a waiver shall not be unreasonably withheld.20.INTERMISSIONSThe Employer agrees that there shall be fifteen (15) minute intermission betweenballets which require a change of costume and make-up by Artists appearing in bothballets. There shall be a call ten (10) minutes prior to the appearance of the Artists insuch second ballet advising the Artists that they shall be required on stage five (5)minutes after such call.21.MATINEE PERFORMANCES(a) If an Artist is only in the Matinee Performance and not in the eveningperformance (or if no evening performance is scheduled), rehearsal for such Artist maycommence one and one-half (1-1/2) hours after the conclusion of the MatineePerformance without penalty, and such rehearsal shall not exceed a three (3) hour span.In the event that the Artist is called upon to rehearse during the one and one-half (1-1/2)4847-3313-3571.10 18

hour period, he shall be paid at the Penalty Rate for each hour or fraction thereof duringwhich such violation occurs.(b) If an Artist is both in the Matinee Performance and the eveningperformance, the Artist may not be scheduled for rehearsal on such day, unless theEmployer has obtained the Artist’s consent and compensated the Artist at the hourlyDouble Overtime Rate for each such hour of rehearsal or fraction thereof; provided, thatif such Artist is called for an Emergency Rehearsal on such day, the Artist shall becompensated at the applicable Emergency Rehearsal rate as provided in Section 15(e) ofthis Agreement.(c) When the Company is traveling after a Matinee Performance, Artistscan be called one half hour after the final curtain, provided that a one hour meal break isgiven in the vicinity of the theater.22.SINGING AND SPEAKING ROLESThe Employer agrees that each Dancer who shall be required to sing or speaklines in a ballet when such singing or speaking may be done by another person withoutinjury to the structure or character of the ballet shall receive additional compensation atthe rate of not less than Twenty-five dollars ($25.00) for each such performance.23.NON-CITIZENSThe following provision shall apply only to non-citizens of the United States whohave been in this country less than five (5) years or who have made application forUnited States citizenship. The Employer agrees that where the Employer enters into acontract with an Artist who is not a citizen of the United States and who has sowarranted in his/her individual contract, then the Employer may exercise its right tosuspend payment to the Artist of the Artist’s compensation on a pro-rata basis for eachperformance which the Artists is unable to fulfill due to the sole fact that the Artist isunable to leave the United States and perform in a foreign country because of his/herlack of citizenship.Where the Employer so exercises its right to suspend payment, then theEmployer shall pay sustenance to each Artist of no less than one-fourth (1/4 th ) of theArtist’s agreed-upon in-town Performance Week’s compensation when the Artist is inthe City of Origination. On any day when payment is suspended and the Artist isrequired to be outside the City of Origination, the Artist will receive one-fourth (1/4 th ) ofhis/her agreed-upon in-town Performance Week’s compensation plus hotelaccommodation and meal money as provided herein.24.REHEARSALS DURING PERFORMANCE WEEKS(a) During Performance Weeks, the regular work week shall consist of five(5) hours per day (except that on a two (2) performance day, it may be six (6) hours, six(6) days per week. There shall be a maximum of eight (8) performances per week andeach performance shall be scheduled for no more than three (3) hours. There shall be amaximum rehearsal call of three (3) consecutive hours. Any consecutive hour(s) orportion thereof beyond three (3) shall be paid for at the Penalty Rate. There shall be no4847-3313-3571.10 19

more than two (2) hours of rehearsal per day except if the rehearsal is in lieu of aperformance in which case there shall be no more than five (5) hours of rehearsal perday. Any additional rehearsal time is to be paid at the Overtime Rate.All rehearsal time shall be computed on a one-half (1/2) hour basis.(b) The Artist may be called upon to rehearse during each PerformanceWeek, without the payment of additional compensation provided that:(1) The Employer and AGMA agree that on a day of one (1)performance, the number of rehearsal hours permitted, subject to the limitations in subparagraphs(k) (1) and (2) herein, shall be two (2) hours.(2) The Employer and AGMA agree that on a day on which two (2)performances are scheduled, there shall be no rehearsal scheduled for those Artistsappearing in both performances.(3) The Employer and AGMA agree that on a day on which noperformance or travel are scheduled, five (5) hours of rehearsal will be permitted.(4) If an Artist appears in only one (1) of the two (2) performanceson a two (2) performance day, such Artist may be required to rehearse withoutcompensation on that day for not more than two (2) hours.(5) On a one (1) performance day in which the Artist does notappear in the performance, the Artist can be called upon to participate in not more thanfive (5) hours of rehearsal.(6) When on tour and no rehearsal is scheduled for the day, Artistsshall be delivered to the theater no later than one hour prior to the commencement ofclass, unless less time is deemed necessary by the AGMA representative.(c) (1) The Artist shall not be required to rehearse within the one and threequarters (1 3/4) hours prior to the half-hour call preceding the performance, unless suchrehearsal is an emergency as herein defined and further provided that such EmergencyRehearsal is compensated at the Penalty Rate. Artists involved in an eveningperformance in the City of Origination may not be rehearsed beyond two and one-half (21/2) hours prior to half hour call if the rehearsals are scheduled at the American BalletTheatre studios at 890 Broadway, New York City.(1) It is further agreed that any Artist not appearing in an eveningperformance may be rehearsed up to half-hour call.(2) If an Artist asks for rehearsal out of span which is not anEmergency Rehearsal, the Artist may participate in such rehearsal withoutcompensation.(3) Dancers requesting rehearsals will communicate directly withthe choreographer or member of the rehearsal staff in charge of the ballet. All requestsfor rehearsal must be made two (2) days in advance of the posting of the rehearsalschedule.4847-3313-3571.10 20

(d) If the Artist shall be required to rehearse in excess of the maximumnumber of hours per day or per week as provided above, the Artist shall receive paymentat one-half (1/2) of the hourly Overtime Rate for each additional half (1/2) hour ofrehearsal or fraction thereof.(e) (1) During Performance Weeks no Artist shall be required torehearse and perform during this off-span which is defined as the fourteen (14) hoursfollowing the final curtain of the last preceding performance or the end of the lastpreceding rehearsal period. It is understood and agreed that Company Class willcontinue to be held during the fourteenth (14 th ) hour of this off-span. For those Artistsrehearsing in the thirteenth (13 th ) or fourteenth (14 th ) hour of this off-span as defined,there will be a warm-up provided during the twelfth (12 th ) or thirteenth (13 th ) hour.(2) This fourteen (14) hour off-span during Performance Weeksmay be invaded without penalty only for a Dress Rehearsal at the Met and only for fulllengthballets of more than two acts, e.g. Swan Lake, Sleeping Beauty. In no event,however, may the off-span be less than twelve (12) hours.(3) During Rehearsal Weeks the Artist shall not be required torehearse and perform sooner than thirteen (13) hours following the end of the Artist’slast preceding performance or rehearsal period.(f) The Artist may not be required to rehearse on the Free Day except thatthe Artist may be called for Emergency Rehearsal as defined herein in which event theEmployer shall compensate the Artist at one-half (1/2) the Double Overtime Rate foreach one-half (1/2) hour of rehearsal or fraction thereof. In the event that the Artist iscalled for a rehearsal on the Free Day, and if such rehearsal is not an EmergencyRehearsal, the Employer must obtain the individual Artist’s consent and the Employermust compensate the Artist at the hourly Double Overtime Rate for each such hour ofrehearsal or fraction thereof.(g) The Employer agrees that when an Artist has concluded a daytime trip,there shall be at least two (2) free hours from the time he/she has checked into his/herhotel room to the time of call for the bus trip to the theater for rehearsal, or for rehearsalwhen no travel time is involved. In the event that the lunch stop, as provided in Section33(f) has not been observed, the Artist shall then have at least three (3) free hours fromthe time he has checked into his/her hotel room to the time of call for the bus trip to thetheater for rehearsal, or for rehearsal when no travel time is involved. The Employerwill have the right to assign the first available hotel rooms to those Dancers who arerequired for the earliest rehearsal. If the Employer shall violate the provisions in thisparagraph, the Employer agrees to compensate each Artist at the hourly DoubleOvertime Rate for each such hour of rehearsal or fraction thereof during such violationoccurs.(h) If the Artist is required to rehearse at any time during any one of thefollowing times, his/her additional compensation for such periods shall be as follows:(1) Rehearsals within the elapsed fourteen (14) hour or thirteen (13)hour period referred to in subparagraph (3) above – hourly Double Overtime Rateexcept as provided in subparagraph (e) (2) above;4847-3313-3571.10 21

Rate;(2) Rehearsals after evening performance – hourly double Overtime(3) Rehearsal during the half (1/2) hour period before curtain –Penalty Rate, computed on an hourly basis, unless rehearsal is an Emergency Rehearsal,in which event Artists will be paid at the applicable Emergency Rehearsal rate set forthin Section 15 (e) of this Agreement.(i) If the Artist is dismissed from rehearsal and is recalled for furtherrehearsal within one (1) hour of the time of such dismissal, then such intervening timebetween dismissal and recall shall be counted as if the Artist had rehearsed.(j) Compensation shall be paid to the Artist for all rehearsals scheduled,whether or not all of the scheduled time is utilized. If a rehearsal runs beyond thescheduled termination time, the Artist will be compensated for such additional rehearsalat the appropriate rate.(k) (1) The Employer agrees that if during a Performance Week anydaylight trip exceeds seven (7) hours in length from time of departure from hotel to timeof arrival, the free rehearsal hours granted the Employer during such Performance Weekare to be reduced by the number of hours any daylight trip exceeds seven (7) hours.(2) The Employer further agrees that if any daylight trip exceedsseven (7) hours in length from time of departure from hotel to time of arrival, then onthat day the Employer will not call any rehearsals.(l) AGMA agrees, upon application by the Employer, to grant saidEmployer a waiver of the rehearsal provisions as set forth in sub-paragraph 23 (h) (3) ofthe Agreement provided the Employer submits adequate proof to AGMA that arehearsal was solely called due to an emergency, and provided the Artists so rehearsedare those who are required to be rehearsed because of the emergency. If such waiver isgranted, the Employer agrees to compensate the Artist at one-half (1/2) of the hourlyPenalty Rate for each such half (1/2) hour of rehearsal or fraction thereof.(m) (1) Dancers shall not be called to an Emergency Rehearsal afterthe half-hour (1/2) call or during the performances if the Employer is aware of theemergency prior to the one and three-quarters (1 3/4) hour Off Span prior to the half(1/2) hour call. In the event that such an emergency arises before or during the one andthree-quarters (1 3/4) hour off-span, the Dancers required for the Emergency Rehearsalmust be notified of it by no later than the half-hour (1/2) call. The rehearsal must beannounced and posted on the call board beside the sign-in sheet. It is agreed that thisparagraph can be implemented only if a Dancer notified the Employer of an injury orillness sufficiently in advance to permit compliance.(2) Emergency onstage calls for purposes such as blocking andspacing, of up to five (5) minutes in duration (measured from when all required castmembers are present), shall not require additional compensation and shall not bedeemed rehearsals within the meaning of Article 24.4847-3313-3571.10 22

(n)6:30 P.M.On a day prior to departure on tour all rehearsals shall terminate by(o) Those Dancers who will be required to be in complete costume andmake-up for a Dress Rehearsal must be notified at least four days in advance. Forrehearsals where costumes are required for lighting checks, a reasonable number ofDancers per type of costume need be available and those selected shall be notified ofthat fact four (4) days in advance.(p) In the event of Dress Rehearsals during a Performance Week, theEmployer agrees to allow fifteen (15) minutes of rehearsal time for dressing, and anadditional fifteen (15) minutes if make-up is required for the rehearsal. At theconclusion of the rehearsal, a total of fifteen (15) minutes shall be allowed forundressing and removal of make-up; provided, that (i) if full character or body make-upmust be removed, a total of thirty (30) minutes shall be allowed, and (ii) if anunscheduled fitting is involved, the Artist shall be credited with the time spentregardless of length.25.ALTERNATES AND UNDERSTUDIES(a) Alternate. Any Dancer who has performed an assigned role with ABT,within the last two (2) years. Alternates shall not be credited for a performance, unlessassigned to cover the performance by the Rehearsal Department.(b) Understudy. Any Dancer, not in the first cast, who has not performedan assigned role, with ABT, within the last two (2) years. Understudies are required tocover for each performance of a role they are understudying.(c) Cover/Assigned Alternate. Any Dancer who has performed asassigned role, with ABT, within the last two (2) years, and who is required to remain inthe theater while another Dancer performs that role.(d) An alternate or understudy who, in accordance with (a), (b) or (c)above, is in the theater covering a performance shall receive credit for such service ashaving participated in the performance.(e) All Artists shall be designated as either an alternate or understudy onthe basic list of casting.26. REHEARSAL DURING REHEARSAL WEEKS (for Artists on weekly orguaranteed employment basis)(a)Rehearsal hours, Rehearsal Compensation and Overtime(1) During Rehearsal Weeks the Artist may be called upon torehearse not more than thirty (30) hours per week and not more than six (6) hours inany one (1) day. Rehearsal time shall be computed on a one-half (1/2) hour basis. If theArtist is dismissed from rehearsal, and is called for further rehearsal within one (1) hourof the time of such dismissal, then such intervening time between dismissal and recallshall be counted as if the Artist had rehearsed. If the Artist shall be required to rehearse4847-3313-3571.10 23

more than thirty (30) hours per week, or more than six (6) hours per day, the Artist shallbe paid not less than one-half (1/2) of the hourly Overtime Rate provided herein foreach additional (1/2) of rehearsal or fraction thereof. No rehearsal shall commenceprior to 11:30 A.M. each day. There shall be a maximum rehearsal call of three (3)consecutive hours. Any consecutive hours or portion thereof beyond three shall be paidfor at the Penalty Rate computed on a half-hour basis.(2) The six (6) hours of rehearsal in any day must take place withina span of nine (9) hours, with not more than one (1) additional overtime rehearsal hourfor which the Artists shall be paid not less than one-half (1/2) of the hourly OvertimeRate provided herein for each additional half (1/2) hour or fraction thereof. The Artistshall be due payment for any rehearsal hour beyond the nine (9) hour span, even thoughthe Employer may not have utilized the daily six (6) hours of rehearsal in the initial nine(9) hour span.(3) Under no circumstances may the Artist be called upon torehearse in excess of a span of eleven (11) hours in any day, it being understood that theeleven (11) hour span is a combination of the initial nine (9) hour span plus not morethan two (2) additional consecutive overtime hours of rehearsal beyond the initial nine(9) hour span.(4) Each individual Artist’s daily span begins with his/her firstrehearsal call for the day. During Rehearsal Weeks the Artist shall not be required torehearse sooner than thirteen (13) hours following the end of the last precedingrehearsal.(5) In the event of Dress Rehearsals during a Rehearsal Week, theEmployer agrees to allow fifteen (15) minutes of rehearsal time for dressing, and anadditional fifteen (15) minutes if make-up is required for the rehearsal. At theconclusion of the rehearsal, a total of fifteen (15) minutes shall be allowed forundressing and removal of make-up; provided, that (i) if full character or body make-upmust be removed, a total of thirty (30) minutes shall be allowed, and (ii) if anunscheduled fitting is involved, the Artist shall be credited with the time spentregardless of length.(6) The Employer agrees that Artists will not be required to changecostumes during their five (5) minute break.(7) On a day prior to departure for tour, all rehearsals shallterminate by 6:30 P.M.(8) If the Employer wishes to change the established time at whichrehearsals begin each day, pushing the rehearsal span forward or backward, then two(2) weeks’ notice must be given. If the Employer is aware of a possible change inrehearsal span it agrees to post a notice of such change two (2) weeks in advance eventhough such change may not occur. If such change does not occur, the span will revertto the original schedule.(9) The Employer shall exercise its best efforts to assure thatrehearsal for a ballet that is to be performed on tour or in the City of Origination shall4847-3313-3571.10 24

egin three (3) weeks prior to the first performance of that ballet. Four (4) weeks priorto the first performance of a ballet, a basic list of casting for Corps de Ballet, Soloists,Understudies and Alternates must be posted.(10) Artists may be required to rehearse new ballets on tour onlywhen there is less than a three (3) week rehearsal period in the City of Origination afterthe tour and prior to the engagement in which the new ballet is to be performed. Suchrehearsals may be scheduled only in instances of residencies of not less than one (1)week. For such rehearsals Artists will be paid at the applicable straight time rehearsalrate. All other provisions with respect to rehearsals shall apply.(11) Those Dancers who will be required to be in complete costumeand make-up for a Dress Rehearsal must be notified at least four (4) days in advance.For rehearsals where costumes are required for lighting checks only, a reasonablenumber of Dancers per type of costume need be available and those selected shall benotified of that fact four (4) days in advance.(b)Holidays(1) Holidays which fall within a rehearsal period must be paidholidays without work, and will not be considered Free Days. If Artists agree to rehearseon such holidays, they will be paid the Penalty Rate per hour in addition to their weeklysalary. Holidays which fall on regularly schedule Free Days are not to require anadditional Free Day during that week.The paid holidays will be as follows:New Year’s Day January 1,Independence Day July 4Easter SundayVaries from year to yearThanksgiving Day Fourth Thursday in NovemberChristmas Day December 25On Christmas Eve and New Year’s Eve, rehearsals will terminate at3:30 P.M. There shall be no rehearsals on either Christmas Day or New Year’s Dayduring Performance Weeks.(2) For the purposes of rehearsal time, but not for the purposes ofperformances, Memorial Day shall be treated as a holiday so that if a rehearsal isscheduled on Memorial Day, then artists and stage managers shall be paid as if theyworked a rehearsal on a regular holiday. No holiday pay is otherwise due for work onMemorial Day. Classes shall not be called before 6:00 P.M.27. PRINCIPAL STAGE MANAGERS, STAGE MANAGERS AND ASSISTANT STAGEMANAGERS(a) The Employer agrees to engage at least one (1) Principal Stage Managerif the company consists of ten (10) or more Artists.4847-3313-3571.10 25

(b) Principal Stage Managers, Stage Managers and Assistant StageManagers shall not be entitled to overtime, penalty or double time rates of pay except inthe case of a Technical or Dress Rehearsal, running past its scheduled end time, inwhich case the affected Artists shall be compensated in the same manner as the Dancersare for such unscheduled rehearsals. Principal Stage Managers, Stage Managers andAssistant Stage Managers shall be paid one-sixth (1/6) of their regular weekly salary forwork performed on their Free Day.(c) The employment guarantee provided in Article 30 shall be applicableto Principle Stage Managers, Stage Managers and Assistant Stage Managers.(d) Principal Stage Managers, Stage Managers and Assistant StageManagers who work weeks other than weeks of rehearsal and performance shall be paidon a pro rata basis one-seventh (1/7) of their regular weekly salary for each such dayworked.(e) Each Stage Manager (limited to three (3) Stage Managers) shall becalled for pre and/or post production for an annual total of three (3) weeks.28.REHEARSAL WEEKS IN CITY OF ORIGINATION(a) The Employer agrees that all Artists engaged on a guaranteedemployment basis must also be engaged for the minimum of nine (9) Rehearsal Weeksas provided in Section 30(a) below.(b) (1) The foregoing notwithstanding, it is agreed that Artists may,upon two (2) weeks notice, volunteer to rehearse and be compensated only on a weeklybasis during lay-off periods, providing such rehearsal is for new works or revival ofworks which have not been in the repertoire for at least twenty-four (24) months. Suchrehearsals may not be utilized to satisfy the guarantee contained in the individualemployment contract. If less than two (2) weeks’ notice is given, AGMA will approve ofsuch rehearsal if requested to do so by the Artists.(2) During layoff periods, Artists needed to rehearse for a mediaperformance (which may also include the performance itself) shall be given sixty (60)days notice of such rehearsal.(c) The Employer agrees not to schedule rehearsals which require an Artistto be available for rehearsals with two (2) choreographers at the same time.(d) The maximum number of consecutive hours of rehearsal for which anArtist may be called is three (3), and a rehearsal may not be resumed unless the Artisthas had at least one (1) hour rest period. The Artist will not be required to travel toanother place of rehearsal during the one (1) hour rest period.(e) During Rehearsal Weeks as well as during Performance Weeks, whenten percent (10%) or more of the cast of any ballet is required to execute movements onthe floor in any rehearsal room, the floor of such room shall be maintained in propercondition for such work and cleaned prior to such rehearsal. No other rehearsals shallbe called on the freshly cleaned floor prior to the rehearsal in question.4847-3313-3571.10 26

29. POSTING OF REHEARSAL PERFORMANCE AND CASTING SCHEDULES ANDPOSTING OF BASICS(a) A call board will be provided in each place where rehearsals areregularly scheduled and all notices concerning rehearsals, including coaching andspecial rehearsals, must be officially posted thereon and filed by the RehearsalDepartment. In addition, a complete list of all Dancer Roles and Super Roles shall becompiled and posted for each ballet.Four (4) weeks prior to September 1, January 1 and May 1 of each year, theEmployer shall advise the Dancers of the tentative schedule, to the extent known at thattime, of the ballets to be performed during each succeeding four (4) month period.Proposed casting for principal roles shall be posted four (4) weeks prior to theperformance. Such posting shall consist of “principal roles,” i.e., those announced to thepress. Proposed “announceable roles” shall be posted on the bulletin board three (3)weeks prior to the performance, and full casting two (2) weeks prior to theperformance, provided that, where necessary, the Employer may list roles as “TBA.”.Any change in proposed casting following any posting shall be made by the Employerupon personal notification to each Dancer involved, sufficiently in advance of theperformance involved, except in cases of emergency.(b) During rehearsal and Performance Weeks, the tentative rehearsalschedule shall be posted four (4) days in advance and shall be firm two (2) days inadvance. The EMPLOYER shall institute a call-in system, which shall be approved byAGMA.(c) Where no rehearsal call is posted by the time set forth in subparagraph(b) above or where changes take place in rehearsal schedules already postedand the Artist has been dismissed, the Employer shall notify the Artist personally of thecorrect rehearsal call by 11:00 P.M. on the day preceding the day in question; provided,that during Rehearsal Weeks, such notification may only take place when the requiredchange is caused by an emergency as herein defined, in which case such rehearsal shallbe compensated as set forth in Paragraph 15(e) Emergency Rehearsal. In the event thefirm schedule is changed during Rehearsal Weeks for any reason other than anemergency, each Dancer who participates in such a rehearsal shall receive penalty payfor each one-half (1/2) hour of changed rehearsal time.(d) If the Employer does not abide by the foregoing (a), (b), (c) or any partthereof, the Artists shall be exonerated for any lateness or missing of rehearsalsoccasioned thereby.(e) Basics shall be posted and be defined as a list of those Dancers who aretentatively designated to learn roles. The basics shall be subject to change at any timefor any reason. For existing ballets that are not expected to be substantially changed,the Employer shall post the basics one (1) week prior to rehearsal or on the first datethat the Dancers return after a lay-off. For new ballets or those substantially changed,the Employer shall post the basics one (1) week after the commencement of therehearsal for the ballet.4847-3313-3571.10 27

(f) The Employer shall have listed in the program distributed to theaudience, or have announced to the audience, the names of all Artists who appear inprincipal or solo roles. Where changes of Dancers who appear in principal or solo rolesoccur in a performance, an announcement of the change shall be made to the audienceby one to two methods (the method employed to be the choice of the Employer). Anannouncement of the change will be made from the stage or by a slip inserted in theprogram. Where changes occur and the Employer fails to announce the change of castto the audience, the Employer will pay to the replacement Artists the sum of FiftyDollars ($50.00). Under no circumstances will the provisions of this paragraph bewaived by AGMA or the Artist. The Employer and the Advisory Committee, acting onbehalf of the Dancers, will determine which roles are considered announceable if a castchange occurs.In the casting list of the company program, and in ads and publicity, all Artistswill be listed exclusively under only one (1) of four (4) categories, i.e., “Principals,Soloists, Corps or Apprentices.” Listing in each category will be alphabetical and inidentical size type with no boxes, stars, asterisks or other individualized billing.(g) The sign-in sheet must be posted two (2) hours before half-hour call.Once an Artist has signed in, he/she must not leave the theater.(h) In the event of a cast change, the Employer must notify each Artistaffected not later than two (2) days prior to performance, except in case of emergency,in which event the Employer must notify each Artist immediately.(i) All Principal Dancers shall be entitled to a schedule to be delivered inwriting to each such Principal Dancer on the earlier of:(1) the first day of any period of rehearsal in preparation for anyperiod of performances, orperformances.(2) fourteen (14) days prior to the first performance of any period of(j) Such written schedule shall set forth each performance assigned to thePrincipal Dancer for each Performance Week for a period not to exceed four (4)Performance Weeks following such first performance of a period of performances.(k) For a period of performances in excess of four (4) weeks, a schedulesetting forth the relevant performance shall be delivered in writing to all PrincipalDancers at least twenty-eight (28) days prior to the first performance of the fifth suchweek of performances and for each successive week of performances.(l) If an understudy call is made, all understudies for the ballet shall bepermitted to attend the rehearsal regardless of overtime or penalty, provided suchunderstudy is not already scheduled for a rehearsal of another ballet at the same time.Each understudy shall receive one (1) hour rehearsal or the completion of the Runthrough,whichever is longer.4847-3313-3571.10 28

(m) Each Dancer performing a Principal role in a full-length ballet at theMet shall receive two complimentary tickets for each performance in which he or sheappears in such role. Each Dancer performing a Principal role in a ballet at City Centershall receive two complimentary tickets for each performance in which he or sheappears in such role, up to a maximum of twenty (20) tickets per performance for theCompany.30.GUARANTEED EMPLOYMENT(a) The Employer guarantees the Artist not less than thirty-six (36) weeksof employment in each contract year, of which not less than nine (9) weeks will beRehearsal Weeks, provided that this provision may be waived by AGMA.(b) While the parties subscribe to a goal of season consisting of weeks ofemployment for the company as a whole, nevertheless, up to, BUT no more than five (5)weeks of the thirty-six (36) week guarantee may be satisfied by providing separate anddifferent weeks of employment consisting of performance, rehearsal, workshop, tours,educational outreach or similar activities to individual Artists.With respect to educational outreach or activities similar thereto, theparties will mutually determine the appropriate terms and conditions of the contract.(c) The Employer need not commence work for all Dancers at the sametime so long as the employment weeks set forth above are honored. In suchcircumstances, the Employer shall be permitted to call less than the full company forrehearsal in non-Performance Weeks.(d) Guarantee-Employment Outside the United States – AGMA agrees thatany weeks of engagements outside the United States and Canada may be appliedtowards the applicable employment guarantee, provided AGMA and the Employer agreeon the terms of such employment.31.TRANSPORTATION(a)General Provision(1) The Employer shall submit to AGMA a copy of the proposeditinerary of any tour, and in addition, shall submit in writing to AGMA a statementconcerning the proposed method of transportation to be used during the tour. Bothsuch reports shall be submitted at least thirty (30) days preceding the first day of anytour.(2) Whenever any Artist shall work for the Employer outside theCity of Origination, the Employer shall provide and pay for the transportation of suchArtist from the City of Origination to such point or points outside and the Artist’s returntransportation to the City of Origination.(3) The Employer also agrees to pay for all transportation chargeswhich may be incurred by the Artists during the course of a trip, such as taxi faresbetween terminals, etc.4847-3313-3571.10 29

(4) Personal Baggage – The Employer shall provide and pay for thetransportation of the Artist’s personal baggage to such outside point or points andreturn to the City of Origination consisting of up to two (2) bags of not more than fifty(50) pounds each and that the Artist shall be responsible for paying any charges forexcess baggage, up to one hundred (100) pounds weight, and the Employer shall beliable for any loss to the Artist on account of any loss or damage to his/her personalbaggage (ordinary wear and tear excepted) while in transit, if the Artist shall haveprovided a suitable container therefore and shall have kept the same locked when not inuse, but not in excess of One Thousand Dollars ($1,000) for each Artist. While on tour,whether inside or outside the United States, personal baggage must be available to theArtist at least once a week.(5) Transportation to Places of Performance or Rehearsal – TheEmployer agrees that in the event that the Artist, while on tour only, shall be required toperform or rehearse in any town at a place further than one-half (1/2) of a mile from acentral point near which the majority of Artists shall be quartered (to be mutuallyagreed upon by the Artists and the Employer), then bus or similar transportation to andfrom such place shall be provided for all Artists at the Employer’s expense. In thoseinstances where the Employer is not required to provide transportation to the place ofperformance or rehearsal, the Employer will in all such instances provide the Artistswith information concerning public transportation and directions to theaters andrehearsal halls.(6) Posting of Travel Schedule – When an Artist is required to travelon the day following a performance, the notice of travel call shall be posted no lager than6:30 P.M. prior to the end of the evening performance preceding the day of travel.(7) No Artist shall leave the City of Origination for work outside saidcity unless the Employer, prior to his/her departure there from has provided and paidfor his/her transportation and his/her baggage, including return transportation back tothe City of Origination. AGMA reserves the right to set up other terms and conditions ofgranting permission to the Employer to take any Artists for an engagement, series ofengagement or tour outside the United States of America and Canada.32.DOMESTIC TRAVEL ONLY(a) There shall be no more than ten and one-half (10 1/2) hours of totaltravel time in any day with no rehearsal and/or performance except in circumstancesbeyond the control of the Employer, e.g. travel delays, and that the Employer shallutilize its best efforts, with respect to air travel, to schedule non-stop flights. On a daywith either a rehearsal or a performance, there shall not be more than eight (8) hours,including travel plus rehearsal/performance. Time in excess of the foregoing periodswhich is caused by travel delays shall not require any overtime or penalty payments.There shall be no travel after midnight except as set forth in paragraph (b) below.(b) If travel after midnight is from performance to hotel, airport to hotel,or airport to Metropolitan Opera House or City Center, then to the extent that travel isbeyond midnight, the start of the next day shall be delayed by that time, i.e, the fourteen(14) hour span shall commence upon arrival at the hotel. Buses shall leave the theater4847-3313-3571.10 30

one-half (1/2) hour after all curtain calls but if the bus delays departure because ofDancer delay, the amount of the delay shall not be charged to the Employer.33.BUS TRAVEL CONDITIONS OF(a) Any Artist who is required to travel by bus more than six (6) hours perday shall be compensated for such travel at one half (1/2) of the hourly Overtime Ratefor each half hour (1/2) of travel or fraction thereof.(b) Proof of Insurance – The Employer agrees to submit proof to AGMA inwriting that the carrier carries public liability insurance of at least One HundredThousand Dollar ($100,000) for each Artist engaged in travel with a maximum of TwoMillion Dollars ($2,000,000) on each vehicle employed.(c) Performances in Successive Days – Where the Employer shall playengagements in ten (10) different communities every day for ten (10) consecutive days,and then continues to another community to play an engagement for the eleventh (11 th )consecutive day, the Employer shall pay to each Artist the sum of Five Dollars ($5.00); ifunder these circumstances the Employer continues to play engagements in successiveand different communities on the days immediately following the ten (10) days as above,the Artist shall receive Five Dollars ($5.00) for each such playing date in differentcommunities.(d) Bus Standard – The Employer agrees that transportation by bus shallbe by first class motor bus, with heating and ventilating facilities in working order. Inthe event the bus used to commence a tour requires replacement because of anemergency, such replacement bus shall meet the same standards as to seating capacity,luggage facilities, ventilation and heating facilities as in the initial bus. Suchreplacement shall take place within no more than five (5) days from the date of theoccurrence of the emergency. Where such replacement does not take place within thetime specified above, the Artists shall have the right to refuse to travel by bus. Wheresuch replacement bus arrives within the time specified above but is not up to thestandards of the initial bus, the Employer shall have not more than five (5) days fromdate of arrival to obtain another replacement. Where such second replacement does notarrive within the time specified above, or is not up the standards of the initial bus, theArtists shall have the right to refuse to travel by bus. The Employer will make everyeffort to obtain buses of one level. There will be a distance of 36” from the front of oneseat to the front of the seat behind it. Two (2) passengers may be required to ride on therear seats provided that the rear seats recline. Bus seats must be of maximum widthmust have maximum reclining position and luggage racks must be large enough toaccommodate practice cases.(e) Travel on a Free Day – Where the Employer requires the Artist totravel on a Free day, the Employer shall compensate the Artist at one-half (1/2) of thehourly Overtime Rate for each half (1/2) hour of travel or fraction thereof.(f) Lunch Stop and Rest Stops – The Employer agrees that where an Artistis required to travel by means of bus, the Artist will have a lunch stop of one (1) hourafter approximately four (4) hours of travel and a rest stop after each period ofapproximately two (2) hours of travel. The first hour of the lunch stop and the first4847-3313-3571.10 31

twenty (20) minutes of rest stops shall be a part of travel time. However, time beyondthe one (1) hour for lunch and the twenty (20) minutes for each rest stop shall not beincluded in travel time.With respect to Section 24(g), if the lunch stop is not observed, theArtist will have at the conclusion of the daytime trip at least three (3) free hours fromthe time he has checked into his/her hotel room to the time of call for the bus trip to thetheater for rehearsal, or for rehearsal when no travel time is involved.(g) Travel time will be computed from scheduled time of departure atpoint of assembly to arrival time at hotel in city of destination. It is agreed that if Artistsdo not appear at the announced departure time, the company buses may depart andleave them behind.34.AIRPLANE TRAVEL CONDITIONS OFIn the event that Employer chooses to transport Artists by airplane within theUnited States and Canada, such travel must be on FAA certified and scheduled FirstClass Airlines, including Charter Flights on such Airlines and not on non-scheduled orprivate airlines. The cost of baggage transportation not to exceed one hundred and fifty(150) pounds will be borne by the Employer. However, the Employer may transport theArtist’s baggage in excess of the airline free allowance by some alternate method oftransportation.Where practicable: (a) Air travel between cities shall be by non-stop flights ifnon-stop flights exist on any regularly scheduled carrier between such cities; (b) whenno non-stop flights between such cities exist, travel will be via the most expedient directflight; and (c) when no direct flights between such cities exist, travel will be via the mostexpedient flight.The Artist shall not be compelled to travel by air without his/her written consent.Such written consent may be obtained at the time of signing of the individualemployment contract and shall be binding for the duration of the contract. TheEmployer agrees to purchase insurance on the life of each Artist during airplane travelhaving a value of not less than Fifty Thousand dollars ($50,000.00), which may bepurchased personally by each Artist if Employer pays the cost of premium directly toeach Artist.If at the opening of a tour, travel exceeds four (4) hours, the company must travelon the day before the first performance.If the total travel time is approximately four (4) hours, and if a full dinner has notbeen served Artists while in flight, the Artists will be given three (3) free hours fromcheck-in time at the hotel to the beginning of the first rehearsal.Any Artist who is required to travel by air more than:8 hours on a non-performance day4 hours on a single performance day2 hours on matinee day, it being understood that a matineeis a performance beginning before 5:00 P.M.4847-3313-3571.10 32

shall be compensated for such travel at one-half (1/2) of the hourly Overtime Rate foreach half (1/2) hour of travel or fraction thereof.35.REHEARSAL AND PERFORMANCE CONDITIONS(a) The Employer agrees to provide the following conditions for bothrehearsal and performance:slippery.(1) A stage which prior to the commencement of performance is not(2) A theater which is heated sufficiently in advance of performanceto permit warm-up.(3) Artists will not be required to rehearse or perform when thetemperature drops below sixty-five (65) degrees (Fahrenheit) in the place of rehearsal orperformance, except for performances on the stage of summer outdoor theaters.Employer will use its best efforts to assure that thetemperature does not drop below the sixty-five (65) degrees (Fahrenheit) in thedressing rooms.(4) When performing in outdoor theaters during inclement weather(cold temperature, rain, fog, dew), the Employer and the Ballet Theatre AdvisoryCommittee will confer with a view to rescheduling works with warmer costumes. Whenthe Employer schedules performances in outdoor theaters, the Employer will assure thatballets that utilize warmer costumes are readily available for substitution.(5) The Employer will, in his/her contract with the Presenter,reserve the right to make changes in performance as are dictated by inclement weather.dew, etc.(6) Artist will not be asked to dance on wet stage due to rain, fog,(7) If there is a program change due to weather, Artists must benotified as soon as possible.(8) Third floor dressing spaces, if the same are available, and if thefirst and second floor dressing facilities are crowded.(9) Upon request by the Dancers at least four (4) weeks prior to thecommencement of a tour, and upon agreement by the Dancer that he/she will occupysaid lodgings and pay for said lodgings for at least one (1) day, Employer shall attemptto obtain hotel lodgings at moderate costs. No employee or agent of the Employer, nomember of AGMA and no person who occupies the position of Company Manager shallseek or accept a commission on the lodgings obtained by the Employer or the CompanyManager of any Artists. AGMA agrees that the customary complimentary roomprovided for Company Managers will not be construed as a commission. The Employeragrees that the Artist will not be booked into dormitory accommodations or privatehome accommodations without the consent of the Artist which shall be obtained one (1)week in advance of the beginning of the tour unless such bookings are made necessary4847-3313-3571.10 33

ecause of fire, accident, strikes, riot, Acts of God, war, the public enemy or for anyother cause of the same general class which could not be reasonably anticipated orprevented.(10) If AGMA determines that a specific theater has not met theHealth, Safety and Floor Standards set forth in this Basic Agreement, the Employeragrees not to book into the theater providing that the theater’s inadequacies are madeknown to the Employer prior to the time of signing of the contract between theEmployer and the theater.(11) Sixteen (16) heavy barres must always be provided for Artistsduring the Performance Weeks on tour or in resident cities in locations where class isheld except in the New York City Studios.On tour, Employer shall provide four (4) heavy portable barres before and duringperformances with adequate space for Dancers to warm up, provided adequate space isavailable.(12) The Employer agrees to provide a pianist as well as six (6) heavypractice barres for all classes.(13) Dancers shall be compensated for up to one half (1/2) hour fortime spent traveling to and from a costume fitting, a picture call or more than one (1)rehearsal location in the same day. Such compensation shall be paid either at therehearsal rate or credited to rehearsal time.(14) Travel time and the time allocated for picture calls, costumecalls and other company business must not be during an Artist’s free hour (after three(3) hours of rehearsal) or outside the eleven (11) hour span. Should such travel bescheduled at these times, it will be compensated for at the hourly Double Overtime Ratefor each one-half hour of travel or fraction thereof.(15) From the time the last group of Artists arrives in the theater,there must be at least one (1) hour and fifteen (15) minutes (for the Artists to make upand warm up) before the performance begins. There may be a thirty (30) minute warmup before the audience which is included in the one (1) hour and fifteen (15) minutes.(16) The Employer agrees to make available to the AGMA Delegateblank copies of the contracts between the theaters and the Employer, as well as copies ofthe contracts between the booking agent and the Employer in those instances where anemergency necessitates deviation from the provisions of the Basic Agreement.(17) All rehearsal schedules including coaching and specialrehearsals must be officially posted and filed by the Rehearsal Department. If suchschedules are not posted, the Artists will not be required to appear for rehearsals.(18) The Employer will provide a list of all Artists employed by theEmployer designating each Artist in his/her proper category (Apprentice, Corps, Soloistor Principal Dancer) and such list will be filed with AGMA at the beginning of each newcontract period.4847-3313-3571.10 34

(19) The Employer will file with AGMA an itinerary of all performingengagements in the City of Origination and on tour at the beginning of each newcontractual period, such itinerary to include all performances to be given during theseason.The Employer will, prior to each rehearsal period, file with AGMA a schedule ofall Rehearsal Weeks.(20) In the City of Origination and when possible while on tour, theDancers will have access to the stage during the one (1) hour and fifteen (15) minutespreceding half-hour (1/2) call.paint.(21) All standing light equipment must be marked with fluorescent(22) The Employer will make every effort to arrange with theatersthat the main curtain, the fire curtain, the “A” curtain or the grand curtain may not beclosed until half-hour (1/2) call.(23) The Employer agrees to arrange for quality restaurant facilitiesafter the termination of performance, and the Employer will provide transportation tosuch restaurant except in the case of large cities where restaurants are available withinwalking distance from the hotel (1/2 mile). The Management will make a list of thoseArtists who have agreed to utilize the restaurant facilities.(24) The Employer must provide class before rehearsal and warm-upbefore performance. When there are no rehearsals before performance, company mustprovide a class two (2) hours before performance.(25) AGMA will supply a list of theaters and studios currently in useby the Company on tour that require a sprung floor (including the Auditorium Theaterin Chicago).(26) All the floors used must have the approval of AGMA acting onbehalf of the Dancers.(27) During Performance Weeks in the City of Origination and inWashington, D.C. the stage floor shall have the approval of AGMA acting on behalf ofthe Dancers.(28) If all ballet companies under AGMA’s jurisdiction have agreednot to book into a specific theater because the stage floor is unacceptable for dancing,the Employer agrees, upon notice from AGMA, not to book into said theater unlessarrangements are made for use of a portable floor. It is understood and agreed that theportable floor to be used must have the approval of AGMA and the Advisory Committeeacting on behalf of the Dancers.(29) In the City of Origination and when possible while the companyis in residence, the Employer will provide a company instructor whose chief duty will beto teach Company Class and/or warm-up before performance.4847-3313-3571.10 35

(30) The Employer agrees that the AGMA Delegate will have accessto the completed questionnaires from theaters relating to theater facilities.(31) The Employer agrees that there will be not less than two (2)company teachers while the company is in residence in New York City and not less thanone (1) teacher while the company is on tour.36.COSTUMES, WIGS, SHOES AND MAKE-UP(a) The Employer agrees to supply the Artist with all costumes, wigs andshoes of proper size for all performances and rehearsals, as required by the Employerand prior to such performances and rehearsals. The Employer agrees that the samecostume will not be worn twice in the same day by different Dancers.(b) (1) The Employer agrees that all Artists shall receive pointe shoes,ballet shoes, character shoes and sneakers in the Artists’ preferred stock colors basedupon their individual needs throughout rehearsal and performance periods.(1) During Performance Weeks the shoe quota will be issued one (1)week in advance.(2) During Performance Weeks the Employer agrees to post theshoe request list on Tuesday of each week at least four (4) hours before half hour. Anotice accompanying the shoe request list will advise the Dancers of the shoe deliverydate. All Dancers will pick up their shoes on the date specified during the four (4) hourspreceding half hour.(3) During Rehearsal Weeks the first delivery of shoes will be madenot later than the third day of rehearsal.(4) During Rehearsal Weeks the Employer agrees to post the shoerequest list on Tuesday of each week and to deliver the shoes on Friday of each week.(5) If shoes are not available from the Employer, the Dancer, withthe consent of the Company Manager, may pick up shoes from the manufacturer andwill be reimbursed by the Employer.(6) Ribbons will be issued with every other pair of pointe shoes.(7) If any Artist is newly cast in a ballet which requires boots or anyshoes other than ballet, pointe or character, he/she must receive a shoe fitting by theShoe Person long enough before the first performance of that ballet to allow correction.(c) (1) The Employer agrees to supply each female Artist with notless than two (2) pairs of new tights every September, or if a new member, at thebeginning of the first contract plus one (1) pair of tights for every four (4) PerformanceWeeks thereafter.(2) The Employer agrees to supply each male Artist with not lessthan two (2) pair of new tights every September, or if a new member, at the beginning of4847-3313-3571.10 36

the first contract plus one (1) pair of tights for every sixteen (16) rehearsal and/orPerformance Weeks thereafter.(d) When the Artist shall be required to use body make-up (any part otherthan the face and shoulders) and suitable bathing facilities for the removal of this makeupare not available to the Artist at the place of the performance, the Employer agrees tocompensate the Artist at the rate of an additional three dollars ($3.00) for cleaningpurposes in each such instance. Dancers will consult with the Stage Manger as towhether or not body make-up is required.(e) The Employer agrees that while on tour it will carry the Artists’ makeup,practice clothes and shoes during travel.(f) Costumes shall be dry cleaned not less often than ten (10) wearings.Washable items shall be laundered after each wearing. No costumes are to be packedaway wet, except if they are being shipped immediately to another city for use there.The Employer agrees to furnish two (2) T-shirts to all male Artists which must be wornunder costumes. All props handled by the Artist which come near or in contact with themouth must be washed with disinfectant and wiped clean before each performance.(g) The Employer shall supply each Artist with wigs, beards, hair pieces,and/or costume jewelry that is required by the Employer to be worn by the Artist in anyballet.(h) The Employer agrees to provide and transport individual shoe bags foreach individual Artist with the understanding that only shoes will be carried in the shoebags.(i) Female Dancers will be provided with two (2) pink, one (1) pair ofwhite dance trunks at the beginning of the year.(j) The Employer shall provide male Dancers with three (3) dance belts atthe beginning of each year.(k)performance.The Employer shall launder all tights and dance belts after each37.COSTUME FITTINGSCostume fittings for all ballets will be on Company time and considered asrehearsal time. A call will be considered as at least one (1) hour regardless of the lengthof the call. The Employer will not require the Artist to appear for costume fittings on theArtist’s Free Day or day of two (2) performances during the free hour following the three(3) hours of rehearsal or outside the eleven (11) hour span. The Employer will allow theArtist one-half (1/2) hour of travel time in each direction for the time required forfitting. It is the responsibility of the Stage Manger to inform the artistic staff of thecostume fitting schedule.For ballets with ready-made costumes, there will be a fitting two (2) weeks priorto the first (1 st ) performance for each costume.4847-3313-3571.10 37

For new ballets with new costumes, there will be a fitting for each costume one (1) weekprior to the first performance.The Employer will cover the expense of the first two (2) fittings. Dancers shall becompensated for up to one-half (1/2) hour for time spent traveling to and from acostume fitting, a picture call or more than one (1) rehearsal location in the same day.Such compensation shall be paid either at the rehearsal rate or credited to rehearsaltime.38.PHOTOGRAPHY AND PUBLICITY(a) If the Employer shall require the Artist to pose for photographs for thepurpose of publicity, and advertising performances of the Employer, the Employer ishereby granted one uncompensated photographic session each year beginningSeptember 1stand all additional time spent in photographing and waiting timeincidental thereto shall be on company time and considered rehearsal time.(b) The foregoing notwithstanding, it is agreed that with respect toindividual photographs for the souvenir program, the call will be considered as one (1)hour, regardless of the length of the call.(c) All Artists must be consulted on photographs which are to appear inthe souvenir program. The Artist will be available for consultation at an agreed uponplace within twenty-four (24) working day hours after notification that photographs canbe seen.(d) The Employer shall not require the Artist to pose for photographs onthe Artist’s Free Day, on a day of two (2) performances, during the free hour followingthree (3) hours of rehearsal or outside the eleven (11) hour span.(e) A biographical form shall be submitted annually to each Dancer toupdate where desired.39. ARTISTIC EVALUATION, REENGAGEMENT AND NON-REENGAGEMENT,AND EXIT PAY.(a) For Non-Artistic Reasons – During the first year of employment, anArtist can be dismissed for any reason without recourse. Thereafter, except as providedbelow, no Artist may be discharged except for just cause. If AGMA disputes thepropriety of the discharge, it may submit the dispute to final and binding arbitrationpursuant to the Voluntary Labor Arbitration Rules of the American ArbitrationAssociation and the arbitration provisions of this Agreement.The Award of the arbitrator may be confirmed in any court of competentjurisdiction. The fees and expenses of the arbitration shall be shared equally by theEmployer and AGMA.(b)Exit Pay4847-3313-3571.10 38

Each Artist on a contractual guarantee who, after a minimum of three(3) years of service with the Company as an Artist is terminated, retires or leaves theCompany for any reason shall receive exit pay as follows [except that an Artist whovoluntarily leaves the employ of ABT prior to the date of expiration of his/her individualartist agreement shall receive eighty-five percent (85%) of the exit pay to which he/sheotherwise would be entitled]:- After three (3) years of service but less than five (5) years of service: theArtist shall be paid one (1) week of salary based upon his/her actual weeklycompensation.- After five (5) or more years of service: The Artist shall be paid one (1)week of salary based upon his/her actual weekly compensation for each year of serviceup to a maximum of fifteen (15) weeks except for Artists whose weekly wage rate is lessthan the Principal Salary minimum shall be twenty (20) weeks.One (1) week’s salary shall be defined as one week of the Artist’scurrent actual weekly compensation at the time the Artist leaves. A Principal’scompensation, for the purpose of calculating exit pay, shall be based on no more than125% of the minimum weekly compensation for Principals. A year of service shall bedefined as any year in which the Artist works eighteen (18) or more weeks. In the eventan Artist is not able to satisfy the requirement of eighteen (18) weeks of work in a yearbecause of a personal injury, then one such year only shall be counted, for the purposesof exit pay, as a year worked. For purposes of this provision, the full period that aDancer was an Apprentice Dancer shall be excluded from the calculation of years ofservice.Exit pay shall be paid as follows: Up to and including the first five (5)weeks of exit pay entitlement shall be paid on August 1; up to and including the next five(5) weeks of exit pay shall be paid on November 1; and up to and including the next five(5) weeks of exit pay shall be paid on January 1. However, at the option of the Artist theentire amount of exit pay entitlement may be received on January 1.If an Artist, immediately upon leaving the Company, accepts a positionwith ABT which is not covered by the collective bargaining agreement, the former Artistshall nevertheless be entitled to that exit pay which the Artist would have otherwisereceived upon leaving the Company.(c)Artistic Evaluation(1) An Artistic Evaluation shall be conducted by two or moredesignees of the artistic staff (one of whom shall be the Artistic Director) for each Artist.With prior notice to the Employer, the Artist may have a witness of his/her choice,including an AGMA Delegate, to be present at the evaluation. This evaluation shall bescheduled for every Artist during or after the City Center season (which may includeperiods during which the Dancers are on layoff), but prior to January 15th and shall bescheduled at mutually convenient times and/or posted in the same manner as arecostume fittings. An Artist shall have the opportunity to ask questions and makecomments during the evaluation process. An audio tape recording of the evaluation will4847-3313-3571.10 39

e made and retained by the Employer. At the conclusion of the evaluation, the Artistmay receive a copy of the taped evaluation.(2) The evaluation shall be no less than twenty (20) minutes foreach Artist and shall include discussion of topics such as the following:(A)(B)(C)(D)(E)Work Ethic / Rehearsal ConductPerformance Quality / ArtistryTechniqueWhat to focus on and/or improveCareer Progression / Prospects(3) In the event there are any deficiencies or circumstances whichare regarded as adverse to the proficiency or career growth of the Artist within ABT orthe long-range plans of ABT, such deficiencies or circumstances shall be presented anddiscussed during the Artistic Evaluation.(4) An Artist may request a second Artistic Evaluation to take placeno less than four (4) weeks after the first Evaluation described above. Such a requestshall not be unreasonably denied.(5) An Artist shall be notified of non-reengagement on or before. An Artist who has been non-reengaged may request and be guaranteed ameeting with the Artistic Director to discuss the reasons why the notice was given,which will be held within fifteen (15) working days from the date the request was made.Non-adherence to the written notice requirement or non-adherence to the meetingprocedure set forth above shall not be subject to the grievance and arbitrationprocedures of this agreement except that AGMA may, through the grievance andarbitration process, compel a meeting with the Artistic Director if a meeting has beenrefused. Non-adherence to the notification date shall result in a fifteen percent (15%)payment added to the Artist’s Exit Pay entitlement.January 15 th (6) The Employer will furnish AGMA with a list of those Artistsengaged on a guaranteed employment basis that the Employer does not plan to reengagefor the following contract year. Upon request the Employer will furnish AGMAwith a record of the evaluation of any Artist.(7) Any Artist given notice of non-reengagement shall be entitled totwo (2) additional personal days, subject to the provisions of Article 60- Personal Days.(8) An Artist shall notify the Company by May 1 st of the intentionnot to renew his/her contract, pursuant to the terms set forth in Paragraph 6 -INDIVIDUAL EMPLOYMENT CONTRACT, herein.40. SOCIAL SECURITY, WORKER’S COMPENSATION, UNEMPLOYMENTINSURANCE(a) The Employer shall comply fully with all applicable requirements oflaw pertaining to worker’s compensation insurance, unemployment insurance andsocial security for the benefit of the Artists employed hereunder.4847-3313-3571.10 40

(b) Upon request of AGMA, the Employer shall disclose to AGMA evidenceof the Employer’s compliance with these provisions.41.SICK LEAVE(a) If an Artist is injured or becomes ill during the period of his/heremployment with the Employer, and is unable to work, the Employer shall pay to theArtist each week the amount set forth in subparagraph (b) below until the Artist is ableto return to work or until fifty-two (52) weeks from the occurrence or onset of Artist’sinjury or illness or until the Artist’s individual employment contract with the Employerterminates, whichever shall first occur. The Artist shall not be entitled to such weeklypayments for any week which is not a performance or Rehearsal Week for the Employer.Illness herein shall include, without limitation, a disability relating to pregnancy whichis recognized as a covered disability under the New York State Disability law.(b) The weekly payment to which any Artist shall be entitled under (a)above shall be as follows:Where the injury or illness is covered by Worker’s Compensation: Forthe first four (4) weeks, the Artist’s regular rate of pay and thereafter two-thirds (2/3) ofsaid rate of pay up to a maximum of two-thirds (2/3) of the then applicable rate for afifth (5 th ) year Corps Dancer.In the case of any other injury or illness: For the first four (4) weeks,the Artist’s regular rate of pay and thereafter two-thirds (2/3) of the Artist’s regular rateof pay up to a maximum of $400.00.(c) If an Artist is injured or becomes ill during the period of his/heremployment with the Employer, and is unable to work, he/she shall be obligated to filepromptly a claim for Worker’s Compensation benefits or statutory disability benefits, asmay be appropriate, and to comply with all filing and reporting requirements for suchbenefits. In the event of the Artist’s failure to do so, the Employer may discontinue theweekly benefits provided for under (a) above.(d) During lay-off periods, if the Artist remains incapacitated because ofillness or injury, the Employer will offer every assistance to assure that the Artistreceives the benefits to which he is entitled under Worker’s Compensation insurance orthe New York State Disability benefits. If the Artist experiences a delay in receipt of theWorker’s Compensation or New York State Disability benefits, the Employer agrees toadvance the amount of the weekly benefits to the Artist with the understanding that theadvances will be reimbursable to the Employer when payment of the weekly benefit hascommenced.(e) If the Artist is required to be outside the City of Origination during theperiod of illness or injury, he/she will receive meal money and hotel accommodationsprovided herein, in addition to the foregoing benefits.(f) For the purposes of this paragraph, the “period of employment with theEmployer” will be defined as the period beginning with the date of signing of theindividual Artist’s contract, and continuing for the full term thereof as such may be4847-3313-3571.10 41

extended by option or reengagement as herein provided, and terminating when theArtist’s Individual Employment Contract has been terminated and the Artist has beenadvised by the Employer in writing that he/she will not be reengaged for furtheremployment.42.PENSION AND HEALTH(a) The Employer shall contribute to the AGMA Pension Fund establishedwith The Hartford Group seven and one half percent (7.5%) of contracted minimumwage of each Artist working under this Basic Agreement. The contributions are to beginwith the first employment under this Basic Agreement.(b) The Employer acknowledges that existence of the AGMA Health Fundcurrently held with the AETNA Insurance Company and agrees to execute all documentsrelating to the Employer’s obligations to the Fund.(c) The Employer agrees to contribute to the AGMA Health Fund, inmonthly installments, the full actual yearly cost of Major Medical coverage for eachArtist employed, except that the Employer will not contribute to the AGMA Health Fundfor Artists whose actual employment by the Employer, starting with August 1 st of thecalendar year, is less than four (4) weeks.(d) The foregoing notwithstanding, it is agreed that if an Artist is employedfor more than four (4) weeks and up to fourteen (14) weeks, the Employer will berequired to contribute to the AGMA Health Fund for such Artist the actual monthlycosts for Major Medical during any month in which the Artist is employed.(e) Should the Artist’s employment with the Employer terminate prior tofourteen (14) weeks and the Artist is advised by the Employer in writing that he/she willnot be reengaged for further employment, the medical coverage will terminate at theconclusion of the final day of the month in which the Artist is last employed.(f) If the Artist having, left the company, returns at a later date, the sameprocedure with respect to medical coverage will be applicable to the second engagementon a weekly basis.(g) When the Artist is employed for more than fourteen (14) weeks, theEmployer will be required to contribute to the AGMA Health Fund in monthlyinstallments the full actual yearly costs of Major Medical coverage.(h) Should the Artist under contract for a period in excess of fourteen (14)weeks subsequently sign a new guaranteed employment contract as of August of thethen current year, the entitlement of one (1) year’s medical coverage would then becounted from August 1 st .(i) The Employer agrees to reimburse each Artist employed hereunder tothe extent of Five Hundred Dollars ($500.00) to be applied towards the cost of aphysical examination or the fees of the Artist’s masseur or to be utilized to cover thedeductible under the Artist’s Major Medical coverage, or to cover the cost of podiatryservices or dental.4847-3313-3571.10 42

(j) It is understood that the Employer’s obligation to contribute to theAGMA Health Fund shall terminate when the Artist’s individual contract has beenterminated, and the Artist has been advised by the Employer in writing that he will notbe reengaged for further employment.(k) Full time physical therapist and masseur to be subject to Dancer’scommittee approval if other than incumbents.(l) To further improve the Employer’s Injury Prevention and Wellnessprogram, there shall be established a permanent committee, consisting of Dancers, theEmployer’s physical therapists, and representatives of company management and theartistic department, to measure the effectiveness of the Employer’s program and toconsider the implementation of other measures to serve the goal of maintaining thehealth of the Dancers. The substance of the committee’s deliberations and itsrecommendations, if any, shall be reviewed following the 2008 Met season and at leastonce per year thereafter in a formal meeting with the Employer’s Executive Director.43.DENTAL COVERAGEThe Employer shall at its expense provide for each Artist employed under aguaranteed employment contract the same or comparable dental coverage as theEmployer provides for its other employees, provided, however, that the Employer shallnot discontinue dental coverage during the term of this agreement.44.FORCE MAJEUREIt is agreed that if the Employer cannot perform because of fire, accident, strikes,riot, act of God, war, the public enemy, or for any other cause of the same general classwhich could not be reasonably anticipated or prevented, then the Employer shall notifyAGMA and the Artists thereof, in writing, and the Artist shall not be entitled to anyindividual contractual compensation for the time during which said services shall not,for such reason or reasons, be rendered. Should any of the foregoing conditionscontinue for a period of ten (10) days or more after such notice to AGMA and the Artists,either party, in writing, may terminate contract and the Employer will pay for allservices to date, and transportation back to New York City, in the event the company isout of town at the time. The term “war” shall not include a war in which the UnitedStates of America, or the Employer is not a party, unless such war between foreigngovernments affects the United States of America in such a way as to make theexecution of this contract impossible or unfeasible. Should the Employer invoke theprovisions of this paragraph because of the “war,” the Employer agrees to give the Artistand AGMA at least two (2) weeks prior written notice thereof, and in such case, thisparagraph shall apply only upon the expiration of such notice period. Whether or notthe contract is terminated by either party, the Employer shall pay to the Artist dailysustenance as provided herein for all days on which the Artist did not receive his/herindividual contractual compensation, but for not more than the period of ten (10) daysas set forth above.4847-3313-3571.10 43

45.FINES(a) The Employer agrees to furnish, at semi-annual period to the AGMADelegate and AGMA a summary of fines assessed or collected from any Artist. All finescollected shall be paid into the Dancers’ Fund.Fines may be assessed by the Employer as follows:For tardiness at rehearsalsFor not signing inFor being late to warning for placesAll Artists shall be warned, but not fined, for the first two (2) infractions of the aboverules. Thereafter, for each infraction, the Artist shall be fined two percent (2%) ofhis/her individual weekly salary.(b) AGMA agrees that the Employer may reimburse itself from the amountof fines collected in a particular instance where the Employer has incurred expensessuch as rehearsal hall rental, piano rental and pianist’s fee, provided that the Employermay only reimburse itself for these expenses out of the fines levied at the time theseexpenses are incurred, i.e., the Employer may not use fines levied and collected at theearlier time to pay expenses incurred at a later date even though the fines collected atthe earlier time were not sufficient to cover the expenses then incurred and paid for.(c) The Employer agrees to submit to AGMA a detailed statement of thefines levied and collected and the amount of the expenses actually paid for in eachinstance in which the Employer wants to take advantage of sub-paragraph (b) above.(d)AGMA.Artists will not be subject to rules which have not been approved by46.FILMING, BROADCASTING, TELEVISING, ETC.Except as provided in (c), (d), and (e) below, the Employer shall not capture orrelease the work product of any Artist without the specific, advance, written consent ofthe Artist. AGMA, however shall consider the request of the Employer for a waiver ofthe foregoing provision, and the granting of such waiver shall not be unreasonablywithheld.(a) “Capture” means the recording on film, tape, digitally or by any othermeans or method or other transposition into permanent form of the work product ofany Artists employed by ABT. The capture of any material shall not be permitted underany circumstances unless at least forty-eight (48) hours’ advance notice has been givento the Artists involved (except where bona fide circumstances require that less thanforty-eight (48) hours’ notice be given, in which event no less than twenty-four (24)hours’ notice shall be given).(b) “Release” means the use, release, broadcast, sale, loan, licensing or anyother distribution, by any means or method, of captured material in any format in anymedia whatsoever.4847-3313-3571.10 44

(c) Study Films. The Employer may capture the work of Artists for studyfilms on regular rehearsal time under the following conditions:(1) All time spent in such filming shall be consideredas rehearsal time and paid for at the appropriate ratecontained in this Agreement.(2) The study films are to be used exclusively for thepurpose of recreating, restaging, restudying andrecording choreography and are to be used strictly as arecord by the Employer only.(3) The study films may be used by the Employer onlywith the consent of the “Owner of the Rights” to theballet, i.e., choreographer and/or ballet company.(4) The study films may not be used for commercialpurposes, theatrical exhibition or any purpose other thanspecifically provided herein.(5) All study film must be taken in practice clothesand under conditions equivalent to a rehearsal studio.(6) In the event Employer knowingly violates any ofthe provisions contained herein or such films are used byany person or corporation or organization other than theEmployer for any purpose whatsoever, the Employeragrees that he will compensate all members of AGMAappearing in such film at the appropriate rate ofcompensation and conditions of the union havingjurisdiction over such use.(d) Archival Recordings. Without additional payment to or consent of theDancers, the Employer may capture the ballet at any one performance thereof for thearchives. Such recordings shall contain the appropriate protection against other thanarchival use, such as bleeps, markings, etc., and may not be used for any other purposewithout the express written consent of AGMA. The Employer shall give at least fortyeight(48) hours advance notice to the Dancers of such recording. Archival recordingsmay not be removed from the archives.(e)Fundraising, Promotion and Publicity.(1) The Employer may capture material from anyperformance or rehearsal for use as a publicity,fundraising, or promotional tool, it being understood thatit may not capture more than thirty (30) contiguousminutes of such material and may not capture more thana total of sixty (60) minutes of material on any one day.4847-3313-3571.10 45

(2) The Employer may release the material capturedpursuant to this paragraph (e) in any way in any mediafor any bona fide publicity, fundraising, or promotionalpurpose.(3) The Employer may capture an entire ballet fordistribution to patrons or corporate donors in any media,or for use on its website, but only with the advanceconsent of all principal Dancers in such ballet.(f) In the event that the Employer desires to capture and/or release thework product of any ABT Artist for any purpose other than those set forth in (c), (d), or(e) above, it shall meet with AGMA, negotiate with regard to the wages, hours, termsand conditions governing such capture and release and no capture or release may occuruntil such negotiations have been concluded to the satisfaction of AGMA and theEmployer.47.DANCERS’ EMERGENCY FUND BENEFIT PERFORMANCETo be discussed.48.COMPANY STANDARDS(a) All Artists shall be expected to perform up to the high standards of theCompany, which shall include maintaining good physical condition.(b) In the event the Company wishes to discuss the weight of an individualArtist, it must do so in the presence of a mutually agreed upon health professional.(c) If any Artist shall miss a performance, one-seventh (1/7 th ) of theArtist’s weekly salary shall be deducted. If Artist shall miss a rehearsal, one-fifteenth(1/15 th ) of the Artist’s weekly salary shall be deducted.49.PARTIES BOUND BY THIS AGREEMENTThe Agreement shall be known as the “Basic Agreement” and shall be subject tothe approval of AGMA which approval shall not be unreasonably withheld, be bindingupon and shall inure to the benefit of the signatories hereto and all parties who byreason of merger, consolidation, reorganization, sales assignments, transfer of the like,shall succeed to or be entitled to a substantial part of the business of any signatory andthe Employer agrees that its signature on this Agreement shall likewise bind any and allsubsidiary or affiliated companies engaged in the production or management of Ballets,or any other performances within AGMA jurisdiction.50.ARBITRATION OF STANDARD ARTIST’S AGREEMENTEvery contract entered into between the Employer and any Artist during the termof this Agreement shall be deemed to contain the following provisions:4847-3313-3571.10 46

“Any controversy or claim arising out of or relating to this Contract or the breach orinterpretation thereof, shall be settled by arbitration in New York City in accordancewith the rules then obtaining of the American Arbitration Association. Either party maydemand such arbitration in writing, which demand shall include the name of thearbitrator appointed by it. An arbitration demand shall be ineffective if filed more thansixty (60) days after the event or condition giving rise to the demand, or more thanthirty (30) days after the first performance in New York City following said event orcondition, whichever is later. Within three (3) days after such demand, the other partyshall name its arbitrator, or in default of such appointment, such arbitrator shall benamed forthwith by the American Arbitration Association. The two (2) arbitrators soappointed shall select a third arbitrator. The hearing shall be held on two (2) days’notice and shall be concluded within fourteen (14) days, unless otherwise ordered by thearbitrators. The award of the arbitrators shall be issued within seven (7) days after theclose of the submission of evidence. An award agreed to by a majority of the arbitratorsso appointed shall be binding upon both parties and judgment upon such award may beentered by either party in a court of competent jurisdiction.”AGMA shall be a necessary party in any arbitration demanded by the Employer or anArtist. Such arbitration shall be the exclusive remedy for resolving such disputes andthe Arbitrator may not amend, alter or change in any way the terms and provisions ofthe collective bargaining agreement.51.ARBITRATION OF THE BASIC AGREEMENTAny controversy or claim arising out of or relating to the Contract or the breachor interpretation thereof which is unresolved by the parties shall be settled byarbitration in accordance with the Voluntary Labor Arbitration Rules of the AmericanArbitration Association. An arbitration demand shall be ineffective if filed more thansixty (60) days after the event or condition giving rise to the demand, or more thanthirty (30) days after the first performance in New York following said event orcondition, whichever is later. All arbitrations between the Employer and any Artistand/or between the Employer and AGMA shall take place in New York City or at suchother place as may be designated by AGMA. The arbitrator’s award shall be final andbinding and may be enforced by either party in a court of competent jurisdiction. Costsof the arbitration shall be shared equally by the parties hereto. Such arbitration shall bethe exclusive remedy for resolving such disputes and the Arbitrator may not amend,alter or change in any way the terms and provisions of the collective bargainingagreement.52.NO STRIKE – NO LOCKOUTIt is agreed that during the term of this Agreement, there shall be no strikes,lockouts, work stoppages, slowdowns or other interferences with production.It shall not be considered a breach of the Agreement on the part of AGMA or onthe part of any individual employee if any employee or employees refuse to cross alegally valid picket line or to enter upon the premises of the Employer or any premises ofthe Employer or any premises where the employees are then currently working, whichare being picketed by another union, either of their own violation or by direction of theUnion, nor shall such refusal be cause for discharge of discipline.4847-3313-3571.10 47

53.NOTICEOutside the City of New York, all notices provided herein to be given to the Artistshall be delivered to such Artist personally, provided the Artist has notified theEmployer in writing of the Artist’s place of residence in the city or town of the lastperformance of the Employer. Failing such notice by the Artist to the Employer or atsuch designated place of residence, such notice provided herein shall be given to theArtist by registered mail to his/her last known address to him or her, care of AGMA.54.EXPIRATIONThe term of this agreement shall commence on August 1, 2007, and shallterminate on July 31, 2011, provided that all contracts with Artists which expire afterthat date shall be deemed subject to such new Agreement as may be entered intobetween AGMA and the Employer for the next or succeeding season. AGMA agrees tosubmit proposals for a new Basic Agreement no later than February 28, 2011.55.AUTHORITYRachel S. Moore hereby warrants and represents that she has the requisiteauthority as an agent and representative of the Employer to sign this agreement onbehalf of, and to bind, the Employer.56.SEPARABILITYIf any provision of this Agreement shall be held invalid, it shall be deemedseparable from the remainder of this Agreement and it shall not affect the validity of anyother provision thereof.57.NO WAIVER BY AGMAThe failure of AGMA to insist upon the strict performance of any of theprovisions of this Agreement shall not be deemed a waiver of any rights or remedies thatAGMA may have and shall not be deemed a waiver of any subsequent breach or defaulton the part of the Employer.58.GOVERNING LAWIt is the intention of the parties that the validity, construction, performance andapplication of this Agreement shall be governed exclusively by the laws of the State ofNew York.59.PHOTOGRAPHY(a) If any Artist is required to attend a call for the purpose of posing for orparticipating in photography, the Artist shall receive at least forty-eight (48) hours’notice (either via e-mail, posting on the call board, or personal notice) of such call(except where bona fide circumstances require that less than forty-eight (48) hours’notice be given, in which event no less than twenty-four (24) hours’ notice shall be4847-3313-3571.10 48

given), and such photography time, including makeup time, waiting time and travelincidental thereto shall be compensated at the appropriate rehearsal rate.(b) If any Artist is required to attend a call for the purpose of posing for orparticipating in photography on the Artist’s Free Day, such call will be not for less thanthree (3) hours for which the Artist shall be compensated at the applicable Penalty Rate.(c) All photos which are used for the Employer’s publicity, promotion, orfundraising purposes in any document which is solely under the Employer’s control inwhich three or fewer Artists appear or are featured shall credit the Artists.(d) The Employer shall instruct all photographers engaged by theEmployer and admitted to its rehearsals and productions that they may not usephotographs of four or more of the Employer’s Dancers for any purpose unlessauthorized to use same for a specified purpose which is authorized, in advance and inwriting, by the Employer. A copy of each such authorization shall be given to theDancers that are to be photographed, upon request, in advance of any suchphotography.(e) The Employer shall instruct all photographers engaged by theEmployer and admitted to its rehearsals and productions that they may not usephotographs in which three or fewer of the Employer’s Dancers appear or are featuredfor any purpose other than for the Employer’s publicity, promotion, and fundraisingpurposes unless authorized, to use same for a specified purpose, in advance and inwriting, by the Employer and by each Dancer. A copy of each such authorization shall begiven to the Dancers that are to be photographed in advance of any such photography.(f) The Employer shall not utilize or release any photograph of any Artistin a Principal role until the passage of forty-eight (48) hours after affording the Artist anopportunity to review such photograph. The Employer shall consider in good faith anyobjection of the Artist to the photograph but the final decision as to the use of thephotograph shall be retained by the Employer. Should bona fide circumstances requirethat any such photograph be utilized prior to the expiration of such forty-eight (48)hours, the Employer may utilize same without waiting for the Artist’s response. In anyevent, the Employer shall provide access for Artists to its files of publicity photos, andshould an Artist object in writing that he or she disapproves of a photograph of three (3)or fewer Dancers previously used by the Employer, the Employer shall not thereafterutilize such photograph.(g) Photographs or other reproducible likenesses of four or more Dancersmay be used on promotional items offered for sale by the Employer or its licensee to thepublic which promote the name of the Employer, or the Art form of Dance. Suchphotographs or other reproducible likenesses of three or fewer Artists may not belicensed to third parties without written consent of Artist(s), provided that such consentshall be deemed to have been granted in the event any Dancer fails to respond to awritten or e-mail request for consent within five (5) business days.(h) Unless Artists are notified in writing no less than forty-eight (48) hoursin advance (except where bona fide circumstances require that less than forty-eight (48)hours’ notice be given, in which event no less than twenty-four (24) hours’ notice shall4847-3313-3571.10 49

e given), photographers will not be permitted onstage, in the wings, in any corridorsleading the Stage, or twenty-four (24) hours in advance, in the rehearsal studio. NoArtists and no photographer shall stand in front of lighting booms. This prohibitionshall apply in all theaters where the Artists are required to perform or rehearse.(i) No photo calls shall be permitted on a two (2) performance day of theArtist being photographed, provided that a request by the Employer of a waiver of thisprohibition shall not be unreasonably denied by AGMA.(j) Notwithstanding the foregoing, an Artist who is being photographed:(i) by a magazine or other media outlet for purposes of a profile or focus on thatparticular Dancer; or (ii) as part of a commercial arrangement between the Dancer anda third party, shall not be entitled to compensation from the Employer.60.PERSONAL LEAVE DAYSEach Artist shall be entitled to personal leave (in one or more contiguous days)with full pay for (3) days per contract year, subject to the following terms:(a) Personal leave must be used during the current contract year, and willnot carry over from contract year to contract year.(b) Except as set forth in paragraph (d), if the ARTIST gives 21 days noticeor more of the intent to take a personal day, such day shall be guaranteed. If theARTIST gives less than 21 days advance notice, it shall be at the discretion of theEMPLOYER whether to grant such day.(c) In all cases, Artist shall endeavor to give as much notice as possibleprior to the desired personal day.(d) During Performance Weeks, the week prior to Performance Weeks, orthe last week that a visiting stager or choreographer is rehearsing, personal days may betaken only in cases of extraordinary circumstances or extreme emergency.(e)elsewhere.Paid personal days are not to be used for the purpose of employment61.BEREAVEMENT LEAVEIn the event of a death in the immediate family (parents, step-parents;grandparents and grandchildren; brothers/sisters; children and step-children; auntsand uncles, if they are brother or sister of parents; spouses; fathers and mothers-in-law;domestic partners and their respective families), Artists shall be granted up to three (3)days leave without loss of compensation. Artists may elect to use personal leave for thepurpose of bereavement leave beyond the three (3) days guaranteed within thisparagraph.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of thedate first above set forth.4847-3313-3571.10 50

AMERICAN GUILD OF MUSICAL ARTISTSBy: __________________________BALLET THEATRE FOUNDATION, INC.(AMERICAN BALLET THEATRE)By: __________________________4847-3313-3571.10 51

Appendix AAGMA REGULATIONS FOR SAFETY WITH SWORDS AND/OR PROPS AS WEAPONSFor purposes of this Agreement all props uses as weapons, including but not limited toswords, sharp implements, knives, poles and any other like instrument, shall be referredto as weapons.The EMPLOYER agrees that whenever a production requires the use of weapons, thefollowing regulations shall apply.(1) The EMPLOYER shall engage a Fight Director who shall bethoroughly familiar with the proper use and maintenance of the weapons required in theproduction. The Fight Director will be engaged during the rehearsal process to workwith the ARTIST(S) and Understudies in collaboration with the Choreographer orStager. Instruction in the proper and safe use of the weapons shall be a prerequisiteprior to issuance of any weapon to any ARTIST for any rehearsal or performance.Where a question of safety exists in the opinion of the Fight Director, the Choreographeror Stager may not overrule the Fight Director’s expert judgment.(2) No ARTIST shall be required or permitted to handle any weapon ineither rehearsal or performance until the ARTIST has received adequate instruction.(3) All weapons shall be in the possession of the StageManager/Property Master when not actually in use during rehearsal or performance.(4) At the commencement of each rehearsal involving weapons,performance tempos shall be modified to facilitate a proper warm-up and orientationprior to rehearsing at performance-level tempo.(5) All weapons will be inspected, cleaned and inventoried by the StageManager/Property Master at the end of each rehearsal and performance.(6) At the conclusion of the weapon scene all weapons shall be returnedto the Stage Manager/Property Master and stored for safe-keeping.(7) The Fight Director will be present for at least one (1) on-stagetechnical rehearsal to observe and to supervise the actual staging of the fight sequence.(8) In the event that the performance parameters change (by way ofexample without limitation: where smaller stage diminishes individual ARTISTSparameter safety necessitating fewer ARTISTS, fewer weapons, or revisedchoreography) the Fight Director will supervise restaging. Such restaging may bedevised in advance in anticipation of a change in performance parameters (by way ofexample without limitation: in preparation for performance on smaller stages duringtour).(9) The Fight Director must hold current certification from the Societyof American Fight Directors or such society or individuals mutually agreed upon by4847-3313-3571.10 52

AGMA and the EMPLOYER.4847-3313-3571.10 53

DateAMERICAN GUILD OF MUSICAL ARTISTS1430 Broadway, 14 th floorNew York, NY 10018Ladies and Gentlemen:This letter by and between the AMERICAN GUILD OF MUSICAL ARTISTS andBALLET THEATRE FOUNDATION, INC. shall serve to clarify the implementation ofparagraph 26, Alternates and Understudies, of the collective bargaining agreementdated August 1, 2004 through and including July 31, 2007.(1) A Dancer called to perform a role who is also understudyinganother role which is being performed during that performance shall receivecompensation for the Dancer’s performance and not as an understudy, but shallnevertheless perform all the duties of an understudy.(2) An understudy who fails to cover a performance shall not bepaid therefore and shall be considered to have violated his/her obligation underparagraph 26.(3) Unless otherwise assigned during a performance, an understudycovering a performance under paragraph 25 may leave the theatre after the role forwhich he/she is understudying is completed.(4) An understudy must sign in by half-hour so that his/herpresence in the theatre may be verified and shall indicate on a form to be provided byBTF, where in the theater he/she shall be observing the performance, e.g., the audience,the wings, etc.(5) In the event it shall appear during a performance that anunderstudy or alternate shall be required to perform because the Dancer otherwiseperforming the role is unable to do so, then the understudy or alternate, as the case maybe, shall immediately report to the Stage Manager.(6) In the event an understudy shall request to be excused from therequirement to cover a performance, such request shall not be unreasonably withheldand if such request is granted, the understudy shall receive no pay for the missedunderstudy coverage.(7) Even though a Dancer has not previously danced a role, BTFmay designate that Dancer as an alternate. An alternate may request to be assigned tocover a performance and if such request is granted shall be compensated as if theDancer had been originally so designated.4847-3313-3571.10 54

If the foregoing constitutes our understanding, kindly execute a copy of this letterin the space provide and it shall be deemed a binding clarification between the parties inconnection with paragraph 25 Alternates and Understudies.Very truly yours,BALLET THEATRE FOUNDATION, INC.By: __________________________ACCEPTED & AGREED:AMERICAN GUILD OF MUSICAL ARTISTSBy: __________________________4847-3313-3571.10 55

TABLE OF CONTENTSPage1. EMPLOYEES COVERED ............................................................................................ 12. APPLICATION OF BENEFITS ................................................................................... 13. MEMBERSHIP IN AGMA........................................................................................... 14. INITIATION FEES AND DUES ................................................................................. 25. ADMITTANCE OF AGMA REPRESENTATIVE ON EMPLOYER’SPREMISES .................................................................................................................. 26. INDIVIDUAL EMPLOYMENT CONTRACT ............................................................ 27. ASSIGNMENT OF ARTIST’S CONTRACT ............................................................... 38. LOWERING OF MINIMUMS AND WAIVERS PROHIBITED............................... 39. CHOREOGRAPHER’S CONTRACTS ........................................................................ 410. SCHOLARSHIP APPRENTICE DANCERS .............................................................. 411. CONTRIBUTION TO EMPLOYER PROHIBITED .................................................. 512. PAYMENT OF SALARIES .......................................................................................... 513. SALARIES PAID IN LEGAL TENDER...................................................................... 614. NON-PAYMENT OR PARTIAL PAYMENT OF SALARIES .................................... 615. DEFINITIONS ............................................................................................................ 616. MINIMUM COMPENSATION – REHEARSAL AND PERFORMANCEWEEKS SENIORITY MINIMUM - ........................................................................... 1217. DOMESTIC AND FOREIGN TRAVEL ACCOMODATIONS : MEALALLOWANCES .......................................................................................................... 1518. SUPPLEMENTAL UNEMPLOYMENT BENEFITS: VACATION PAY ..................1819. CLOSING TIME OF PERFORMANCE ....................................................................1820. INTERMISSIONS ...................................................................................................... 1921. MATINEE PERFORMANCES .................................................................................. 1922. SINGING AND SPEAKING ROLES ......................................................................... 1923. NON-CITIZENS ......................................................................................................... 1924. REHEARSALS DURING PERFORMANCE WEEKS ............................................. 2025. ALTERNATES AND UNDERSTUDIES .................................................................. 2326. REHEARSAL DURING REHEARSAL WEEKS (FOR ARTISTS ONWEEKLY OR GUARANTEED EMPLOYMENT BASIS) ........................................ 2427. PRINCIPAL STAGE MANAGERS, STAGE MANAGERS AND ASSISTANTSTAGE MANAGERS ................................................................................................. 264847-3313-3571.10 -i-

TABLE OF CONTENTS(continued)Page28. REHEARSAL WEEKS IN CITY OF ORIGINATION .............................................. 2729. POSTING OF REHEARSAL PERFORMANCE AND CASTINGSCHEDULES AND POSTING OF BASICS ............................................................. 2730. GUARANTEED EMPLOYMENT ............................................................................. 2931. TRANSPORTATION ................................................................................................. 3032. DOMESTIC TRAVEL ONLY ..................................................................................... 3133. BUS TRAVEL CONDITIONS OF .............................................................................. 3134. AIRPLANE TRAVEL CONDITIONS OF ................................................................. 3335. REHEARSAL AND PERFORMANCE CONDITIONS............................................ 3336. COSTUMES, WIGS, SHOES AND MAKE-UP ........................................................ 3737. COSTUME FITTINGS .............................................................................................. 3838. PHOTOGRAPHY AND PUBLICITY ........................................................................ 3939. ARTISTIC EVALUATION, REENGAGEMENT AND NON-REENGAGEMENT, AND EXIT PAY. ..................................................................... 3940. SOCIAL SECURITY, WORKER’S COMPENSATION, UNEMPLOYMENTINSURANCE .............................................................................................................. 4141. SICK LEAVE .............................................................................................................. 4242. PENSION AND HEALTH ........................................................................................ 4343. DENTAL COVERAGE .............................................................................................. 4444. FORCE MAJEURE ................................................................................................... 4445. FINES......................................................................................................................... 4546. FILMING, BROADCASTING, TELEVISING, ETC. ............................................... 4547. DANCERS’ EMERGENCY FUND BENEFIT PERFORMANCE............................ 4748. COMPANY STANDARDS ......................................................................................... 4749. PARTIES BOUND BY THIS AGREEMENT ........................................................... 4750. ARBITRATION OF STANDARD ARTIST’S AGREEMENT .................................. 4751. ARBITRATION OF THE BASIC AGREEMENT ..................................................... 4852. NO STRIKE – NO LOCKOUT .................................................................................. 4853. NOTICE ..................................................................................................................... 4954. EXPIRATION ............................................................................................................ 4955. AUTHORITY ............................................................................................................. 494847-3313-3571.10 -ii-

TABLE OF CONTENTS(continued)Page56. SEPARABILITY ........................................................................................................ 4957. NO WAIVER BY AGMA ........................................................................................... 4958. GOVERNING LAW ................................................................................................... 4959. PHOTOGRAPHY ...................................................................................................... 4960. PERSONAL LEAVE DAYS ........................................................................................ 5161. BEREAVEMENT LEAVE .......................................................................................... 514847-3313-3571.10 -iii-