section i. general provisions - American Guild of Musical Artists

provided for herein. In any case, however, no agreement or contract between BSJ and anyARTIST, whether or not such agreement or contract contains such better terms, shall bebinding upon the ARTIST unless such agreement or contract is in writing and approved byAGMA in writing.2) Failure of AGMA or the ARTIST, to insist upon the strict enforcement of any of theprovisions of this Basic Agreement shall not be deemed a waiver of any rights or remediesthat AGMA and the ARTIST may have and shall not be deemed a waiver of any subsequentbreach or default on the part of BSJ.3) Under extraordinary circumstances, BSJ may request and be granted by AGMA, not by anyARTIST(S) or any Delegate, waiver of specific provisions of this Basic Agreement. As ofApril 1, 2002, AGMA’s current procedure for considering waiver requests is:a) All requests for waivers must be addressed in writing, to AGMA’s MembershipDepartment Supervisor, Candace I. Itow. at Candace@musicalartists.org. with copiesprovided to the San Francisco Area Representative and each Delegate If an electroniccopy cannot be sent, then waivers should be directed to her at AGMA’s National Offices(1420 Broadway, 14 th Floor, New York, NY, 10018),The request should specify:i. The extraordinary reason for the request, in detail and with specificity.ii. The specific provision(s) of the contract for which you are seeking a waiver.iii. The facts, time, dates, duration and circumstances relating to the waiver beingsought and the reason(s) that a waiver is necessary.iv. Any corresponding waivers sought from (and granted by) other unionsrepresenting ARTISTs of the company involved in the production.b) Such request shall be submitted well in advance of the need for action by AGMA. If lessthan two (2) month’s advance notice is given, the waiver request must state reasonscausing the insufficient noticec) With specific regard to waivers involving the recording and/or broadcast of programmaterial or the release of recorded program material in any medium, no such waiverrequest will be granted unless;i. BSJ is, or becomes, a signatory to the AGMA Audio/Video and Internet ReleaseAgreement andii. The entity having physical possession of the recorded material agrees, in writing,to be bound by the terms and conditions appended to the waiver (if it is granted)and to be liable to AGMA, and/or the affected ARTIST(s), for any use of thematerial that exceeds the use authorized by the waiver (if it is granted);iii. The request for the waiver specified:8