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Contract 2007-2011 - American Guild of Musical Artists

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(c) <strong>Artists</strong> shall be <strong>of</strong>fered employment on a performance basis or aguaranteed employment basis (except that during the first year <strong>of</strong> employment with theEmployer, <strong>Artists</strong> may be <strong>of</strong>fered employment on a weekly basis) on the terms andconditions, and at no less than the minimum compensation hereinafter set forth.The foregoing notwithstanding, <strong>Artists</strong> who do not wish to accept employment ona guaranteed employment basis may accept employment on a weekly basis with theapproval <strong>of</strong> 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 <strong>of</strong> 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 <strong>Artists</strong>’ contract shall be within the sole discretion <strong>of</strong> 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 <strong>of</strong> employment between theEmployer and any Artist may not be assigned or transferred to any individual orcorporation unless the written consent <strong>of</strong> AGMA and the Artist concerned shall havebeen endorsed on the face <strong>of</strong> the contract or, if not, the transfer <strong>of</strong> 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 <strong>of</strong> <strong>Artists</strong> 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 <strong>of</strong> any provision <strong>of</strong> this Agreement or anycontract between any Artist and the Employer shall be requested by the Employer or beeffective unless the written consent <strong>of</strong> AGMA to the making <strong>of</strong> 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 <strong>of</strong> this paragraph notwithstanding, it is agreed that themembers <strong>of</strong> the Company may, at a meeting <strong>of</strong> the <strong>Artists</strong>, consider a request by theEmployer for waiver <strong>of</strong> the provisions <strong>of</strong> this Agreement, and in which event a waiver isapproved only by two-thirds (2/3 rd s) vote <strong>of</strong> the total <strong>Artists</strong> covered by the BasicAgreement voting together, AGMA will grant such waiver.4847-3313-3571.10 3

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