Musical Stock and Unit Attractions (MSUA) Agreement 05-10 - Actors

(2) Time Limit for Arbitration. Following declaration of failure to achieveresolution the Producer must demand arbitration within four weeks ofreceipt of notice to him. Failure to do so within four weeks shall constituteagreement with the original ruling and an acknowledgment that Equitymay deduct any monies due as a result of said rulings from any securityposted with Equity by the Producer. The Producer further agrees toreplace said amount deducted immediately upon demand by Equity.(B) Procedure. Any controversy arising from the application or interpretation ofthis Agreement or affecting the relationship between any Actor or Equity and theProducer, including disputes as to the existence or validity of any employmentcontract, shall be submitted to arbitration pursuant to the Voluntary LaborArbitration Rules of The American Arbitration Association.Arbitration, as provided herein, shall be the exclusive remedy for the resolution oradjustment of disputes, including any question as to whether a dispute or issue isarbitrable under the provisions of this Agreement.The expenses of the arbitration, including the compensation of the arbitrator,shall be shared equally by Equity and the Producer. Nothing herein shall beconstrued to give the arbitrator the authority to alter, amend or modify any of theprovisions of this Agreement.Equity shall act on behalf of the Actor in any arbitration proceeding and inaccordance with Equity's Constitution and By-Laws. No Actor is authorized tocommence any arbitration proceeding except with the consent of Equity. Equityshall choose the arbitrator for the Actor.Arbitration shall be held in a city where Actors' Equity Association maintains anoffice.(C) Failure to Pay Creates a Dispute. Failure by a Producer to pay anyamount claimed by the Actor or Equity is evidence of the existence of a dispute(Equity consenting), entitling the claimant to an arbitration (Equity consenting).(D) Failure to Arbitrate a Breach of Contract. Failure of the Producer toappoint his arbitrator and promptly arbitrate any dispute, on demand by Equity,within the time specified in this Agreement or Equity rules, shall be a breach ofthis Agreement.(E) Special Provision. Should any dispute arise to which an Actor is a party,and either the making or the validity of the agreement itself, or the agreement tosubmit to arbitration, or the failure to comply with any agreement to arbitrate, is indispute, all parties to the agreement or alleged agreement shall waive and by theacceptance of this Rule do waive any and all provisions of law, which maylawfully be waived and which may provide other or different procedure andsubmit such dispute to arbitration in the manner provided in standard form Equitycontracts and by Equity rules.6