Common use of Default Force Majeure Clause in Contracts

Default Force Majeure. Incapacity: “Incapacity,” as used in the Agreement, shall be deemed to include (but shall not be limited to) any physical or mental disabilities, which, due to the unique nature of Performer’s obligations, render Performer unable to perform the essential duties of Performer’s position with or without a reasonable accommodation. If Performer suffers an Incapacity, at its election Producer may suspend, prospectively or retroactively, Performer’s engagement during such Incapacity. Consistent with applicable law, if Producer or Performer at any time alleges that Performer is, or if Performer shall actually be, incapacitated by illness or other incapacity or by a Default of the kind described in the penultimate sentence of this subparagraph (1), and thereby prevented from performing hereunder or otherwise fully complying with Performer’s obligations hereunder, Producer (a) may require, and typically will request in the first instance, Performer to provide medical documentation from Performer’s health care provider(s) sufficient to clear Performer to work with or without a reasonable accommodation and/or to support the need for a reasonable accommodation, and (b) may, at Producer’s expense, require Performer to submit to medical examination(s) to be conducted by such health care provider(s) as may be designated by Producer. For clarification purposes only, any Incapacity hereunder may at Producer’s discretion instead be deemed an event of “Default” pursuant to subparagraph (2) below, if such Incapacity is a result of Performer’s current use of alcohol or of any drug or controlled substance. In addition, subject to applicable law, Producer shall have the right to terminate the Agreement immediately in the event of Performer’s death or an event of Incapacity or if production of an episode or the Series is canceled by reason of Performer’s death or Incapacity.