BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTS

2. Any gross insubordination by the ARTIST;3. Material breach by the ARTIST of his/her professional responsibilities;4. Proven theft or dishonesty respecting any financial matter or with respectto employment documents; or5. Intentional conduct in the workplace that physically endangers anotherperson.In any such case, the EMPLOYER may immediately terminate the IndividualArtist Contract of such ARTIST and upon such termination, neither party shallhave any further obligation to one another. When the Individual Artist Contractof an ARTIST has been terminated pursuant to the terms of this paragraph, anysuch ARTIST shall have the right to petition the EMPLOYER for reinstatementand/or to file a grievance pursuant to Section III.S. of the arbitration provisions ofthis Agreement.F. LOWERING OF MINIMUMS AND WAIVERS PROHIBITED1. The EMPLOYER agrees that the minimum terms and conditionsgoverning the employment of ARTISTs by the EMPLOYER are thosecontained herein, and the EMPLOYER further agrees that it will not enterinto any contract with or employ any ARTIST upon terms and conditionsless favorable to the ARTIST than those set forth herein. The EMPLOYERagrees that no waiver by an ARTIST of any provision of this Agreement orany contract between any ARTIST and the EMPLOYER shall berequested by the EMPLOYER of an ARTIST or Delegate, individually oras a group, or be effective unless the written consent of AGMA to themaking of such request or such waiver is first had and obtained. TheEMPLOYER further agrees that nothing in this Agreement shall bedeemed to prevent any ARTIST from negotiating for or obtaining betterterms than the minimum terms provided for herein. In any case, however,no agreement or contract between the EMPLOYER and any ARTIST,whether or not such agreement or contract contains such better terms, shallbe binding upon the ARTIST unless such agreement or contract is inwriting and approved by AGMA in writing.2. Failure of AGMA or the ARTIST, to insist upon the strict enforcement ofany of the provisions of this Agreement shall not be deemed a waiver ofany rights or remedies that AGMA and the ARTIST may have and shallnot be deemed a waiver of any subsequent breach or default on the part ofthe EMPLOYER.3. Under extraordinary circumstances, EMPLOYER may request and begranted by AGMA, not by any ARTISTs or any Delegate, waiver of12