BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTS

P. NON-PAYMENT OR PARTIAL PAYMENT OF SALARIES1. Non-payment, or partial payment of salaries, when due, shall be deemed amaterial breach of contract, giving the ARTIST the right to terminateforthwith his contract with the EMPLOYER.2. If the EMPLOYER fails to pay the salary due the ARTIST, the ARTISTshall, at AGMA’s discretion, have an alternative right to receive his/hercontracted salary out of the EMPLOYER’s security deposit as set forth inSection III. O. above. AGMA shall notify the EMPLOYER of itsintention to so pay the ARTIST; and if the EMPLOYER fails to institutearbitration proceeding within five (5) calendar days from service of thenotice, AGMA may proceed to commence payment to the ARTIST. TheEMPLOYER agrees to replenish the security deposit upon receipt of arequest from AGMA to replenish the security deposit. Acceptance by theARTIST of his/her salary from the security deposit shall not be a waiveron his part of his right to terminate his/her Individual Artist’s Contractwith the EMPLOYER.Q. DEDUCTIONS1. The EMPLOYER shall deduct all Social Security, Withholding Taxes, andother taxes, required by law, to be paid by the EMPLOYER on behalf ofARTISTs. ARTISTs shall be considered Employees for all purposes.2. The EMPLOYER agrees that it will deduct (“Check-Off”) working dues,(currently 2.0%) from the gross compensation earned and to be earned byeach ARTIST covered under this Agreement, for whom there shall be filedwith the EMPLOYER a written assignment in accordance with Section302 of the Labor Management Relations Act of 1947, the applicable“Working Dues.” For purpose of such deduction, travel expenses, mealmoney, per diem (to the extent provided for in this Agreement) and anycompensation earned under the jurisdiction of any other union shall not beconsidered a part of the “gross compensation” and shall not be subject tosuch deduction. The EMPLOYER shall commence making suchdeductions with the first wage payment to be made to such ARTISTfollowing the date of the filing of his or her said written assignment, andsuch deductions shall continue thereafter with respect to each and everysubsequent wage payment to be made to each such ARTIST. No otherdeduction whatsoever shall be made from the compensation of theARTIST except when specified by the ARTIST in writing.3. EMPLOYER agrees, upon receipt of written authorization from anyARTIST, to make deductions from the ARTIST’s gross compensation forthe employee paid portion of all benefits made available by EMPLOYER,or any other purpose authorized by ARTIST and approved byEMPLOYER.18