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1. On all single engagements performed outside of the territorial jurisdiction of the local UNION, the minimum wages of the musician employees covered by this agreement shall be no less than either the wage scale of the local in whose jurisdiction the services are rendered or the wage scale of the local UNION, whichever is greater, plus ten percent (10%) of the wage scale of the local in whose jurisdiction the engagement takes place. On all such engagements the EMPLOYER shall abide by the applicable regulations for minimum numbers of players promulgated by the local in whose jurisdiction the single engagement is performed.

2.

The EMPLOYER further agrees to adhere to the provisions described in V (Work Dues Check Off) and X (Reports of Engagements) on all out-of-jurisdiction employment by forwarding the deducted work dues and engagement reports to the appropriate local union whose jurisdiction the engagement takes

place.

3. The EMPLOYER further agrees to adhere to the provisions described in XIII (Controversy Or Claim) as they relate to out-of-jurisdiction employment.

4. As used in this agreement, the territorial jurisdiction of the UNION shall be defined as: Arlington, Belmont, Blue Hills Reservation, Boston Proper, Braintree, Brighton, Brookline, Cambridge, Chelsea, Dedham, East

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Braintree, Everett, Hyde Park, Lexington, Malden, Medford, Melrose, Milton, Newtons (all), Quincy, Riverside, Reading, Revere, Somerville, Stoneham, Wakefield, Waltham, Watertown, Winchester, Winthrop, and all Islands in Boston Harbor.

XIII. CONTROVERSY OR CLAIM

1. Grievance Procedure for Local Engagements:

Any controversy or claim arising out of or relating to this agreement which involves employment within the jurisdictional area of the UNION shall first be submitted in writing by the grievant to the EMPLOYER, with a copy to the UNION, within ten days of the event from which the grievance arose or could reasonably have been discovered.

The grievant and the EMPLOYER or his representative and a representative of the UNION shall meet within ten days of the written notice of grievance and attempt to resolve the matter at issue in a manner mutually agreeable to the parties.

If such mutually agreeable resolution is not arrived at, the grievance shall be submitted to arbitration under ONE OF THE FOLLOWING OPTIONAL PROCEDURES (to be selected by the EMPLOYER at the time that this agreement is signed):

[ ] OPTION A: Any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled by arbitration by the Board of Directors of the UNION. All rulings and awards made by the UNION in arbitration

hereunder may be appealed to the International Executive Board of the A.F. of M. (hereinafter the IEB) by any party who is a participant therein. Appeals from such proceedings shall be

perfected in the manner provided in the Rules of Practice and Procedure of the IEB in effect at the time of such appeal. All rulings and awards made by the UNION in arbitration which are not appealed to the IEB shall be final and binding upon the parties thereto. Any party to an arbitration proceeding before the UNION or to an arbitration appeal to the IEB, may bring an action to confirm or enforce a final determination and award of the UNION or, if appealed, of the IEB, in the Courts of the jurisdiction in which the office of the UNION is located; and the parties agree to submit to the jurisdiction of such Court(s) for that purpose.

[ ] OPTION B: Any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and a judgment upon the award rendered may be entered in any Court having jurisdiction thereof. The cost of the arbitration proceedings, except those costs personally incurred by the parties thereto for the presentation of their own case, shall be shared equally by the EMPLOYER and the UNION.

2.

Grievance Procedure For Out-Of-Jurisdiction

Engagements:

Any controversy or claim arising out of or relating to this agreement or breach thereof, which involves employment outside the jurisdictional area of the UNION, shall be submitted to arbitration under ONE OF THE FOLLOWING OPTIONAL PROCEDURES (to be selected by the EMPLOYER at the time that this agreement is

signed):

[ ] OPTION A: Any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled by arbitration in accordance with the Rules of Practice and Procedure of the International Executive Board of the A.P. of M. (hereinafter the IEB), which are in effect at the time any such controversy or claim arises. All rulings and awards made by the IBB in arbitration hereunder shall be final and binding upon the parties. The EMPLOYER or participating musician(s) may bring an action to confirm or to reduce to judgment, an arbitration award of the IEB only in the Courts of the State of New York; and the EMPLOYER and participating musician(s) agree to submit to the jurisdiction of the appropriate Courts of the State of New York for that purpose. This agreement, and all arbitration proceedings conducted by the IEB hereunder, shall be governed by and enforced under the laws of the State of New York notwithstanding the forum or jurisdiction in which an action concerning this agreement may be brought.

[ ] OPTION B: Any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and a judgment upon the award rendered may be entered in any Court having jurisdiction thereof. The cost of the arbitration proceedings, except those costs personally incurred by the parties thereto for the presentation of their own case, shall be shared equally by the EMPLOYER and the UNION.

XIV.

1.

RECORDING

No performance on any engagement shall be recorded, reproduced or transmitted from the place of performance, in any manner or by any means, in the absence of a specific written agreement with the AFM relating to and permitting such

activity. The AFM may enforce this prohibition in any court of competent jurisdiction.

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1. In the event that the EMPLOYER, or any employee is unable to fulfill any of their respective obligations under this agreement because of fire, flood, accident, riot, act of God, or for any other similar cause which could not reasonably have been anticipated or prevented by either party, the parties agree to notify the UNION as soon as possible, and which both

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