Common use of Failure to Make Timely Payments Clause in Contracts

Failure to Make Timely Payments. Producer shall make payment of the initial compensation to the Performer no later than ten (10) business days after the applicable session, unless otherwise negotiated in the Performer’s individual contract. Producer shall pay a $10 per day per performer late payment charge, excluding Saturdays, Sundays and holidays, from the time payment becomes due (excluding bona fide emergencies of which the Union has been given prompt notice), for a period not to exceed twenty (20) days, excluding Saturdays, Sundays and holidays, to a maximum of $200.00 per violation. If Producer fails to make payment within five (5) days following written notice from the Union or the performer of the delinquency, additional late payment charges in the amount of $2.50 per day retroactive to the date of Producer’s receipt of the notice of non-payment shall accrue without limitation until the delinquent payment, together with all late payment charges, is fully paid. The late payment charges shall be in addition to all other remedies which the Union may have against Producer under the contract. No late payment shall be due to any performer who fails to provide the Producer with completed forms and documentation required for employment and/or payment (i.e., I-9s, vouchers, W-4s, or start paperwork indicating the correct name, address, Social Security Number, or tax identification number (for loan-outs) of the performer), provided that the Producer supplies the forms to the performer and makes reasonable efforts to collect those forms by notifying the performer that the forms are incomplete or missing. If Producer materially breaches its obligations under this Agreement to timely pay compensation owed to Performers, including all payments required under the Trust Agreements, SAG-AFTRA reserves the right, which it may exercise at any time upon written notice to the Producer, to withhold the services of the Performers on the Production, except when a bona fide dispute exists as to whether Producer has made all payments as required under this Agreement and Producer has placed the amount in controversy in escrow in a manner acceptable to SAG-AFTRA pending arbitration of the dispute in accordance with the applicable provisions of this Agreement.