Transition Contract Rulebook 04-07 - Actors

50. PRODUCER LIABILITYThe institutional Producer and the individual signatory shall be jointly and severally liable forall obligations of the Producer under this Agreement.51. PRODUCER’S REPRESENTATIVEA representative of the Producer(s), who is authorized by the Producer(s) to make decisionson the Producer’s behalf, shall be present at every performance at least through theopening curtain.52. PRODUCTION PROSECUTED(A) Should the production in which the Actor is engaged be complained of as being inviolation of any statute, ordinance, or law of the United States, or any State or anymunicipality in any State, and should a claim or charge be made against the Actor onaccount of being engaged in such production, either civil or criminal, the Producer shalldefend the Actor at the Producer’s own expense, or shall pay any and all reasonablecharges laid out or incurred by the Actor in the Producer’s defense, and indemnify the Actoragainst any loss or damage which the Actor may suffer on account of being engaged in anysuch production.(B) It is specifically agreed and understood between the Actor and the Producer that thelanguage, business and costuming of the play are under the control and direction of theProducer and author, who according to custom, can at any time erase or amend the scenesand lines, and that consequently the Actor has no certain method of knowing duringrehearsals, whether in its final presentation the play is susceptible of being consideredimmoral or indecent. Therefore the Producer represents to the Actor that the play asproduced shall not violate any law or give offense which is punishable by any law, andexpressly agrees that should the Producer or the author be arrested or summoned on suchcharges, that (Equity consenting), the Actor may end and terminate the engagementforthwith. Upon such termination the Producer shall pay to the Actor forthwith all sums dueunder this Agreement plus one week’s salary, as compensation for the termination of theengagement without notice, but in no event shall the Actor receive less than a total of twoweeks’ salary.(C) This rule shall not apply to any case or any set of conditions where its enforcementwould be illegal or against public policy. In the case of an arrest on account of the nature ofthe play or its production, the Producer shall forthwith furnish bail for the Actor; and, in theevent of the Producer’s failure to do so, or for any breach of this rule, the Producer shall payto the Actor (Equity consenting) the sum of $5,000. After an arrest, the Actor may demanda suspension of performance pending a determination, and such suspension shall notterminate or otherwise affect the terms of the agreement unless Equity shall otherwiseorder.40