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4.3 Not
withstanding provisions outlined in SECTION 5.1 below; the
Minimum Basic Fee for additional Re-use shall be fifty percent
(50%) for each Re-use based on the original fees paid to Members.
4.4 The
Minimum Basic Fees in this Agreement are exclusive of any
GST.
4.5 The
maximum call for all services shall be three hours.
ARTICLE 5
GENERAL
PROVISIONS
5.1 A
LOCAL BROADCAST CABLE TELEVISION CONTRACT (LMA-10) shall be
duly executed by a representative of Rogers Television, Cable
13 and a representative of the Member(s) engaged under the
terms of this Agreement.
5.2 Rogers
Television, Cable 13 is granted the right of Re-use of product
produced under this Agreement to a maximum of two (2) plays
without additional fee.
5.3 No
New Use shall be permitted without the expressed written permission
of both the Member(s) and the LMA. Should the right to New
Use be granted; Rogers Television, Cable 13 shall fulfill
all conditions required by the appropriate Agreement of the
American Federation of Musicians of the United States and
Canada; including, but not limited to the payment of prevailing
Member fees and benefits.
5.4 This
Agreement shall be renegotiated on or before the expiry date.
5.5 Not
withstanding SECTION 5.3 above; if the parties fail to execute
a new Agreement on or before the expiry date of this Agreement,
extension of this Agreement shall be a matter of mutual consent
between the parties.
5.5 The
duly authorized representative of the LMA shall be granted
access to the location where services are being performed
hereunder.
ARTICLE 6
DISPUTE
RESOLUTION
6.1 Any
and all disputes, claims or controversies arising out of or
in connection with this contract, or derived therefrom, shall
be referred to and finally resolved by arbitration. The party
desiring arbitration shall request the other party to name
a single arbitrator and to propose rules of procedure. If
the named arbitrator and/or the proposed rules are not mutually
acceptable to the parties hereto, then such matters shall
be determined in accordance with the applicable laws of the
Province of Ontario.
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