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Contract 2007-2011 - American Guild of Musical Artists

Contract 2007-2011 - American Guild of Musical Artists

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(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 <strong>of</strong> Dancers, theEmployer’s physical therapists, and representatives <strong>of</strong> company management and theartistic department, to measure the effectiveness <strong>of</strong> the Employer’s program and toconsider the implementation <strong>of</strong> other measures to serve the goal <strong>of</strong> maintaining thehealth <strong>of</strong> the Dancers. The substance <strong>of</strong> 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 <strong>of</strong> this agreement.44.FORCE MAJEUREIt is agreed that if the Employer cannot perform because <strong>of</strong> fire, accident, strikes,riot, act <strong>of</strong> God, war, the public enemy, or for any other cause <strong>of</strong> the same general classwhich could not be reasonably anticipated or prevented, then the Employer shall notifyAGMA and the <strong>Artists</strong> there<strong>of</strong>, 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 <strong>of</strong> the foregoing conditionscontinue for a period <strong>of</strong> ten (10) days or more after such notice to AGMA and the <strong>Artists</strong>,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 <strong>of</strong> town at the time. The term “war” shall not include a war in which the UnitedStates <strong>of</strong> America, or the Employer is not a party, unless such war between foreigngovernments affects the United States <strong>of</strong> America in such a way as to make theexecution <strong>of</strong> this contract impossible or unfeasible. Should the Employer invoke theprovisions <strong>of</strong> this paragraph because <strong>of</strong> the “war,” the Employer agrees to give the Artistand AGMA at least two (2) weeks prior written notice there<strong>of</strong>, and in such case, thisparagraph shall apply only upon the expiration <strong>of</strong> 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 <strong>of</strong> ten (10) daysas set forth above.4847-3313-3571.10 43

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