11. The Manager agrees that he has notice that the Actor herein is a member of the Actors' Equity Association and as such member is bound to conform to its lawful rules and regulations, and that it is a lawful rule and regulation of said Association that, as far as the Manager herein is concerned, the Actor is to work only in companies operated by the Manager herein when all members of said company or companies are members of the Actors' Equity Association in good standing and continue to be such during the entire term of employment hereunder. And the Manager agrees that the Actor shall not be required to work hereunder in violation of said rule or other lawful rule of said Association, and further agrees to the full extent to which said agreement is lawful that all actors in the company in which the Actor herein is employed, shall be and shall continue throughout the term hereof to be members in good standing of the Actors' Equity Association, except as provided in paragraph 24 of the Rules.
Should the Manager employ any non-member of the Actors' Equity Association, or any member not fully paid up or not in good standing, or one who fails to continue himself in good standing, or should the Manager breach any covenant herein made, the Actor may (the Actors' Equity Association consenting) not only terminate this agreement forthwith, but the Manager also agrees to pay the Actor all sums due to the date of termination, plus his return fare and plus, as liquidated damages, no present basis for calculation existing, a sum equal to two weeks' salary.
Arbitration
12. In event that any dispute shall arise between the parties as to any matter or thing covered by this agreement, or as to the meaning of any part thereof, then said dispute or claim shall be arbitrated. The Manager shall choose one arbitrator and the Actors' Equity Association the second; —— shall be the third. These three shall constitute the Board and the decision of a majority of the arbitrators shall be the decision of all and shall be binding upon both parties and shall be final. The Board shall hear the parties and within seven (7) days shall decide the dispute or claim. The Board shall determine by whom and in what proportion the cost of arbitration shall be paid, and the parties hereby constitute said Board their agents and agree that its decision shall constitute an agreement between them, having the same binding force as if agreed to by the parties themselves. Further, that they and each of them will, if required, sign such individual arbitration agreement as to make said arbitration comply with a legal arbitration under the laws of the State of New York, and the rules of the Supreme Court thereof, and that judgment upon the award may be entered in the Supreme Court of the State of New York. The oath of the members of the Board of Arbitration shall not be necessary unless specifically requested by one of the parties.
IN WITNESS WHEREOF we have signed this agreement on the day and year first above written.
—— MANAGER
—— ACTOR
REGULATIONS
Rehearsals
A. (1) The Actor, if required, shall give four weeks' rehearsal without pay (in case of musical comedy, revue or spectacular production, five weeks), and obligates himself to be ready to rehearse four (or five) weeks before the date mentioned in Paragraph three on face of contract hereof; if further rehearsals are required then for each additional week or part thereof the Manager shall pay the Actor full compensation, as provided in Paragraph four on face of contract hereof on Saturday night of each week.
(2) It is agreed that rehearsals shall be continuous from the date of the first rehearsal to the date of the first public performance of the play, as stated in Paragraph three on the face hereof.