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Contract 2010-2013 - American Guild of Musical Artists

Contract 2010-2013 - American Guild of Musical Artists

Contract 2010-2013 - American Guild of Musical Artists

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2. “In the event there is a controversy or claim involving the sum <strong>of</strong> FiveHundred ($500.00) Dollars or less arising out <strong>of</strong>, or relating to this contract or the breach orinterpretation there<strong>of</strong> or the engagement <strong>of</strong> artists hereunder, it shall be settled by arbitration inaccordance with the rules then obtaining <strong>of</strong> the <strong>American</strong> Arbitration Association. Either partymay demand such arbitration in writing. The parties shall select a single arbitrator within a period<strong>of</strong> five (5) days thereafter from a panel submitted to them by the <strong>American</strong> ArbitrationAssociation. In the event <strong>of</strong> a disagreement upon such arbitrator, s/he shall be appointed by the<strong>American</strong> Arbitration Association. The hearing shall be held on two (2) days notice and shall beconcluded within fourteen (14) days unless otherwise ordered by the arbitrators. The award <strong>of</strong> thearbitrators shall be within seven (7) days after the close <strong>of</strong> the submission <strong>of</strong> evidence. An awardmade by the arbitrator so appointed shall be binding upon both parties, and judgment upon suchaward may be entered by either party in the highest court <strong>of</strong> the forum, State or Federal, havingjurisdiction.”3. Upon request <strong>of</strong> MANAGEMENT, AGMA agrees to aid in the enforcement <strong>of</strong>any arbitration award against its members by proper disciplinary action in accordance with theaward, the AGMA Constitution and By-Laws, and applicable law.B. Any controversy or claim arising out <strong>of</strong> or relating to this contract or breach orinterpretation there<strong>of</strong>, or the engagement <strong>of</strong> any ARTIST hereunder, or the ability <strong>of</strong> ARTIST toperform hereunder, shall be settled by arbitration in the same manner as is provided in the quotedportions <strong>of</strong> Article XXXVIII.A.C. All arbitrations between MANAGEMENT and ARTIST and/or betweenMANAGEMENT and AGMA shall take place in Washington, DC.D. The initial grievance must be filed within sixty (60) days <strong>of</strong> the occurrence, andany resulting demand for arbitration must be within ninety (90) days <strong>of</strong> the filing <strong>of</strong> thegrievance. Failure by any party to follow any <strong>of</strong> the prescribed procedures shall render the claimnull and void.ARTICLE XXXIX - FORCE MAJEUREIt is agreed that if MANAGEMENT cannot perform or rehearse because <strong>of</strong> fire, accident,strikes, riot, acts <strong>of</strong> God, war, acts <strong>of</strong> terrorism, the public enemy, or if the local police or fireauthorities evacuate the premises, or for any other cause <strong>of</strong> the same general class which couldnot be reasonably anticipated or prevented, MANAGEMENT shall notify ARTIST there<strong>of</strong>, inwriting, and thereafter ARTIST shall receive the Per Diem or hotel plus meal allowance, asappropriate, set forth herein for all days ARTIST is required to remain in city <strong>of</strong> originationduring force majeure and any added days because <strong>of</strong> a practical impossibility to leave such cityand to return to ARTIST’s domicile. Should any <strong>of</strong> the foregoing conditions continue for aperiod <strong>of</strong> ten (10) days or more after such notice to ARTIST, either party may terminate thiscontract and MANAGEMENT will pay for all services rendered to date, and for transportation49COLLECTIVE BARGAINING AGREEMENTJuly 1, <strong>2010</strong> through June 30, <strong>2013</strong>

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