BALLET WEST/AMERICAN GUILD OF MUSICAL ARTISTS

each agreement on an Arbitrator or a process within fifteen (15) days, theArbitrator shall be selected under the rules and procedures of theAmerican Arbitration Association (“AAA”).Arbitration shall be held under the Voluntary Rules of Labor Arbitrationof the AAA on a date agreed to by the parties at a mutually acceptablelocation. The sole function of the arbitrator shall be to interpret theexpress provisions of the Agreement and apply them to the facts of thedispute or grievance. The Arbitrator shall have no power to change,amend, modify, add to, or otherwise alter this Agreement. The timelimitations expressed in this procedure shall be strictly enforced.Should the Arbitrator issue an Award involving the payment of back payor other compensatory damages, the Arbitrator is authorized to award thepayment of interest on the award.The fees of the Arbitrator shall be shared equally by the parties.Notwithstanding the previous sentence, if the Arbitrator finds, after noticeto the parties, that the demand for arbitration or a party’s position in thearbitration is either not well grounded in fact, or not warranted by existinglaw or by a good faith argument for the extension, modification or reversalof existing law, or interposed for any improper purpose such as to harassor to cause unnecessary delay or expense, then the Arbitrator may, as asanction, require that party to pay all or part of the other party’s cost of thearbitration, including reasonable attorney’s fees.T. LOCKOUTS AND STRIKESDuring the term of this Agreement neither AGMA, nor its agents, or any ARTISTcovered by this Agreement will authorize, instigate, aid, condone or participate inany work stoppage, sympathy strike, slowdown, nor any other type of strike orwork stoppage or interfere with work. The EMPLOYER will not institute anylockout of any ARTIST covered by this Agreement.U. FORCE MAJEUREIt is agreed that if the EMPLOYER cannot perform because of fire, accident, riot,act of God, war, the public enemy, or for any other cause of the same generalclass which could not reasonably be anticipated or prevented, then theEMPLOYER shall notify the ARTIST thereof, in writing, and the ARTIST shallnot be entitled to any individual contractual compensation for the time duringwhich said services shall not, for reasons above, be rendered. Should any of theforegoing conditions continue for a period of ten (10) days or more after suchnotice to the ARTIST, either party, in writing, may terminate his or her contractand the EMPLOYER shall pay for all services to date, and, if such conditions andevents shall have occurred while on tour, the EMPLOYER shall providetransportation back to the City of Origination. Whether or not the Individual21