Upa Sample2020
Upa Sample2020
Upa Sample2020
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(for non-episodic projects)
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(hereinafter “SAG-AFTRA”) that the Producer intends to produce a single motion picture
currently entitled “ ” (hereinafter
the “Project”). Producer has further advised SAG-AFTRA that the Project has a budget of
approximately $ and that the intended initial exhibition of the
Project is limited to the areas described in paragraph 3.B. below.
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Based upon these representations and in reliance thereon, SAG-AFTRA offers Producer the
following special terms and conditions for the employment of professional performers
(hereinafter the “UPA”):
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1) Prerequisites: Eligibility Under This UPA
A) Timely Application
Producer must execute this UPA no later than one (1) week prior to any work by
Performers. Upon clearance of the Project, SAG-AFTRA will make available to the
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This UPA covers “bona fide entertainment programs” that meet the requirements in
Section 1.C. and that are not excluded pursuant to Section 1.D. Producer agrees to provide
SAG-AFTRA all the information necessary to determine whether the Project qualifies for
this UPA.
By signing this UPA, Producer represents that the Project is eligible for coverage under
this UPA and that all information in the Signatory Application that was submitted for the
Project is true to the best of Producer’s knowledge.
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D) Excluded Projects; Exceeding Production Limits
This UPA is not intended to cover and specifically excludes any type of production or
medium covered by another SAG-AFTRA Agreement (e.g., animated projects, music
videos, commercials, corporate or education videos, video games, or television or new
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media series).
Additionally, if Producer exceeds the production limits in Section 1.C., SAG-AFTRA may
reclassify the Project to an appropriate SAG-AFTRA Agreement as described in Section 9.
2) Scope; Recognition; Coverage
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Producer hereby recognizes SAG-AFTRA as the exclusive collective bargaining agent for
Performers in connection with the Project.
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The provisions of this UPA are applicable to professional performers employed on the Project
to the extent such Performers would be covered under the current Basic Agreement or
Television Agreement.
A) Salaries
current rates. In the event of a conflict between Exhibit A and the Basic Agreement,
the Basic Agreement shall control.
Such amounts will increase year by year in the same percentage as the Basic Agreement
negotiated by the Union and the AMPTP.
ii) Stunt Coordinator rates for Daily, Weekly and “Flat Deal” Stunt Coordinators track the
rates in Schedule K-I, K-II or K-III of the Basic Agreement that are current at the time
of photography.
Additionally, signed payroll sheets or slips and photocopies of checks sent to the
performers must be delivered to SAG-AFTRA via email.
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Upon request by SAG-AFTRA, performer payments must be delivered to SAG-AFTRA for
recordation and distribution to performers in lieu of delivery to performers.
B) Limited Exhibition
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The compensation paid by Producer to Performer represents their compensation for
limited exhibition of the Project as follows:
i) At film festivals;
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ii) On new media free-to-consumer platforms (where the consumer does not pay for
access to the Project) for thirteen (13) consecutive weeks;
iii) Before the Academy of Motion Picture Arts and Sciences for possible Academy Award
consideration;
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(a) Producer may exhibit the Project for one (1) week in a paying movie house to
qualify for Academy Award consideration.
v) On one public access television channel for not more than ten (10) exhibitions within
one (1) year from the first run date, if neither the Producer nor any of its principals in
the production receive any compensation for the exhibition. Producer must advise
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SAG-AFTRA of the first air date and the station on which the Project will run.
The UPA does not require an initial release or exhibition in one of the markets listed in
B.i. through B.v. In the event that the Project is initially released or exhibited in another
market, such as Basic Cable, residuals would be due on the initial exhibition or release as
detailed in Section 7 of this UPA.
If Producer enters into any agreement to release the Project to any other market or
medium (other than the media in B.i. through B.v.), Producer must notify SAG-AFTRA in
writing prior to such release of the Project and this market will be deemed Producer’s
Pension and Health Plans contributions are to be paid in accordance with and at the
rate(s) set forth in Section 34 of the Basic Agreement.
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D) Overtime
Premium pay, overtime and liquidated damages must be computed and paid to all
performers as provided in the Basic Agreement and must be based on the performer's
contractual salary. However, all daily overtime for Day Performers through the 12th hour
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of the performer's day must be paid at "time and a half" the straight time rate, for each
tenth of the hour unit or fraction thereof. Daily overtime beginning with the 13th work
hour must be paid at no less than double the straight time rate set forth in the Moderate
Low Budget Project Agreement, for each tenth of hour unit or fraction thereof. All
overtime money breaks and schedule breaks in the current Basic Agreement are
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applicable to Performers employed under this UPA.
E) Employment Contracts
Each Performer must receive from Producer the Performer Employment Contract for
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execution no later than the start of their first day of work on the Project. Producer must
complete all fields of the contract in ink or a locked electronic format (e.g., PDF) before
delivery to the Performer.
A fully executed copy must be given to the Performer not later than the end of their first
day of work. A copy must be delivered to the Performer’s representative within four days
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of the Performer’s first day of work. A copy must be delivered to SAG-AFTRA within one
week of Performer’s first day of work.
If Producer fails to timely deliver the fully executed contract to any Performer(s), Producer
must pay the Performer(s) liquidated damages in the amount of $10.00 per day until
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Performers have the right to accept other professional employment during the course of
production of the Project. SAG-AFTRA, therefore waives the requirement of consecutive
employment, unless the performer is on an overnight location as defined in Section 5.A,
No performer may be required to “hold” any day available unless the Performer is paid
for such day.
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Producer may engage performers to perform on the 6th day, 7th day or holidays without
payment of the premium rates described in the Basic Agreement. Such work must be at
the same rates as are applicable on normal workdays.
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Producer may not use any digital scanning techniques to create digital reproductions of
any Performer in connection with the Project without SAG-AFTRA’s consent. Producer
may not use any digital reproduction of an individual, living or deceased, as a character in
the Project without SAG-AFTRA’s consent.
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4) Travel; Overnight Locations
A) The applicable travel provisions of the Basic Agreement are modified as follows: A
Performer will be deemed to be on an “overnight location” when it is necessary for the
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Performer to remain away from his/her residence overnight for one or more nights,
regardless of the location of the Producer’s base.
B) Whenever the Performer is required to travel away from his/her principal place of
residence for whatever purpose, compensation for time spent in travel must be paid by
Producer in addition to transportation expenses and per diem. Producer must furnish
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lodging and per diem to the performer until the performer is returned to the original place
of departure.
5) Financial Assurances
SAG-AFTRA may, in its sole discretion, require financial assurances with respect to the Project.
If Producer fails to fully provide any required financial assurances, SAG-AFTRA will have the
right to withhold Performers’ services on the Project until the requirements are fully satisfied.
6) Residuals
When and if the Project is exhibited or distributed into a market outside the media listed in
Section 3.B, the Producer will be responsible for full payment of residuals for this Subsequent
Use (“Residualable Release”). Residuals shall be due as if the Subsequent Use were the initial
exhibition market, but residuals will be payable or accrue upon first exhibition (the
“Residualable Release”) pursuant to the terms of the appropriate residuals provisions
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contained in the SAG-AFTRA Basic Agreement and the SAG-AFTRA Television Agreement (as
appropriate). As a consequence, Residuals and Pension and Health Contributions must also
be paid according to the SAG-AFTRA Agreement that covers the same category and exhibition
of pictures as the Subsequent Use. For residuals formulas based runs, days or unit sales, the
run pattern shall be adjusted up and residuals paid in conjunction with the initial Subsequent
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Use exhibition. In addition, for formulas based on a Performer’s “total applicable minimum”
salary, the residuals must be calculated based on the TV Agreement minimum rates in effect
on the dates the Performer worked. For network prime time exhibition, the calculation is
based on the greater of the Performer’s total actual compensation or what the Performer
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would have received had they been paid the TV Agreement minimum rates in effect on the
dates the Performer worked, capped by the applicable network prime time ceiling. If the
Project is picked up as a part of a television or new media series to be exhibited on television
or a new media platform, all residuals formulas applicable to the series shall also be
applicable, to the Residualable Release, to the Project.
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7) Reuse of Photography or Soundtrack
Producer must not use any part of the photography or soundtrack of a Performer in any
picture other than the one for which the Performer was employed, without reaching an
agreement with the Performer regarding the use. Consent for any reuse, including without
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limitation, use of nude photography, “blooper” excerpts, and use in commercials, may not be
bargained for at the time of initial employment, and must be obtained in writing and separate
from the Performer’s contract. The Performer is entitled to damages as set forth in Section
22 of the Basic Agreement for any violation of this section. The day performer minimum to
be used for purposes of negotiation and/or calculating damages is the day performer rate for
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the project from which the clip or excerpt is taken or the minimum rate for the project in
which the clip or excerpt is used, whichever is greater.
In the event any part of the photography or soundtrack of the Performer is reused by a non-
signatory party without the Producer’s authorization and without obtaining the consent of
the Performer, Producer agrees to provide reasonable cooperation to SAG-AFTRA in pursuing
recourse for the Performer. Such efforts may include, but are not limited to, seeking
compensation from the third party for the reuse, requiring that the third party cease use of
the content, and/or requesting removal of the unauthorized photography or soundtrack from
social media sites.
If SAG-AFTRA at any time determines that the Project does not qualify for the special terms
and conditions of this UPA, then the Project will be reclassified to the appropriate SAG-AFTRA
Agreement. Producer agrees to promptly make payment of all initial or additional
compensation that would have been payable under the applicable SAG-AFTRA Agreement
and to abide by any provisions related to additional compensation and restrictions on use in
the applicable SAG-AFTRA Agreement. If the Project is still in production, the corresponding
terms and conditions of employment will be immediately applicable to the Project.
In the event of a reclassification under this section or a release under Section 9, Producer will
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have no right to use, and must immediately cease using, the Performers’ performances
(notwithstanding any contrary language in this or any other SAG-AFTRA Agreement or in any
Performer’s individual employment contract) until Producer has made the required payment.
Nothing in this Agreement or any SAG-AFTRA Agreement supersedes or limits any right or
remedy a Performer may have at law or otherwise relating to an unauthorized use of their
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name, likeness, image, voice, performance, or any other personal attribute.
Any dispute over the meaning or application of this section may be resolved through the
expedited arbitration process set forth in Exhibit B, Section 2.
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9) Arbitration; Notice
All disputes and controversies between Producer and SAG-AFTRA or between Producer and
any performer arising out of or in connection with this UPA or any contract or engagement
(whether over-scale or not, and whether at the minimum terms and conditions of this UPA
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or better) for the Project, must be submitted for resolution in accordance with the applicable
grievance and arbitration procedures set forth in Exhibit “B.”
All notices to Producer will be sent to the address provided in the Signatory Application (or
to such other address as the Producer may specify in writing or otherwise discovered by the
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Union) and may be sent by personal delivery, overnight courier service, certified mail with
return receipt requested, first class mail, or facsimile or email, with a copy sent by first class
mail.
By executing this UPA, Producer agrees to be bound by the terms of the Basic Agreement, the
Television Agreement, and the Trust Agreement(s), with respect to the Project as applicable.
The Basic Agreement and Television Agreement are available at www.sagaftra.org.
Except as modified herein, all terms and conditions of the Basic Agreement apply to the
Project. In the event of any conflict between the terms of this UPA and the Basic Agreement,
the conflicting terms will be construed to give effect to the intent of this UPA to the greatest
extent possible.
“Basic Agreement” means the Producer – SAG-AFTRA Agreement for Independent Producers
of Non-Episodic Projects in effect the date this UPA is signed.
“Pension and Health Plans” means the Producer-Screen Actors Guild Pension Plan, the SAG-
AFTRA Health Plan and/or any pension or health plan that is a successor to any of those plans.
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narrators, and announcers. Background actors and stand-ins are not considered “Performers”
under this UPA.
“SAG-AFTRA Agreement” means any SAG-AFTRA signatory agreement other than this UPA.
“Television Agreement” means the SAG-AFTRA Television Agreement in effect the date this
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Agreement is signed.
“Trust Agreements” means the trust agreements establishing the Producer-Screen Actors
Guild Pension Plan, the SAG-AFTRA Health Plan, and/or any successor pension or health plan.
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12) Miscellaneous
A) Acknowledgement
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The credits must include the following statement: “Special thanks to SAG-AFTRA.”
Producer must include the SAG-AFTRA logo or union bug in the credit roll of the Project.
Contact the assigned Business Representative for artwork and usage guidelines.
Producer must use commercially reasonable best efforts to protect from third parties the
personal information of Performers, whether in electronic or tangible form, including
contact information, social security numbers, employment contracts, and other
disclosures, reports, or paperwork that may include personal information. Producer must
not include any Performers’ social security numbers on any sign-in sheet for an interview
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In the event of any data breach or other loss, theft, or mishandling of Performers’
personal information, in addition to compliance with applicable law, Producer must
provide prompt notification to SAG-AFTRA, setting forth the actual or approximate date
of the incident, the nature of the incident, the number and names of the Performers
affected, and any other information SAG-AFTRA reasonably requests.
This UPA covers only the Project listed above and is non-citable and non-precedential with
respect to any other picture. If SAG-AFTRA determines at any time that the continuance
of this policy is not in the best interests of Performers, the policy may be changed or
terminated with respect to any future production of Ultra Low Budget Project pictures.
The provisions of this UPA are deemed incorporated in each Performer’s employment
contract and may not be waived or reduced by any Performer.
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E) Successors and Assigns
This UPA is binding upon and inures to the benefit of the parties hereto and their
respective successors and assigns.
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F) Final Cost Report
PRODUCER SAG-AFTRA
AGREED AND ACCEPTED: AGREED AND ACCEPTED:
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DATE DATE
RATES
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Weekly Stunt Coordinator (employed at less than "Flat Deal" minimum) $3,746 TBD
Stunt Coordinators (Employed On A “Flat Deal” Basis) Per Day $1,562 TBD
Stunt Coordinators (Employed On A “Flat Deal” Basis) Per Week $6,162 TBD
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P&H CONTRIBUTION RATES
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The P&H rate for Performers effective as of 7/1/2019 is 19%
In the event of a conflict between the rates set forth in this Exhibit A and Section 3 of the UPA, Section 3 shall govern.
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DISPUTE RESOLUTION
1) Grievance and Arbitration
With the exception of disputes subject to the expedited procedures described in Section 2
below, the following grievance and arbitration procedures apply to arbitrable disputes
(notwithstanding the process below, the Union will follow the arbitration provisions
contained in the Basic Agreement):
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A) Time Limits
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B) Grievance Procedure
Within 10 working days after the filing of a grievance, authorized representatives of the
Producer and SAG-AFTRA (or, with the written consent of SAG-AFTRA, the Performer)
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may discuss and attempt to settle the dispute.
C) Arbitration
A dispute may be submitted to arbitration at any time following the filing of a grievance,
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whether or not a discussion of the grievance under the grievance procedure has
occurred.
i) Institution of Arbitration
SAG-AFTRA or Producer must deliver to the other a written demand for arbitration
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setting forth the basis for the dispute not later than 12 months after initiating the
grievance.
The demand for arbitration will be served upon the other party at the party’s last-
known address by any of the methods set forth in the UPA. The other party may file
a written reply within 10 days following the delivery of the demand for arbitration.
Within 15 days of the date the arbitration demand is served upon Producer, the
parties shall in good faith attempt to mutually agree upon an arbitrator to hear and
determine the dispute from the list set forth in the Basic Agreement.
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notice; and (d) the responding party can demonstrate it was, is, or will be materially
prejudiced by such delay.
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Subject to the arbitrator’s availability, the arbitration hearing will be commenced
within 60 days of arbitrator selection. The selected arbitrator’s inability to schedule
the arbitration hearing within 60 days will not disqualify that arbitrator from hearing
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All arbitrations will be held in SAG-AFTRA’s office in Los Angeles, unless the parties
agree otherwise; provided that if Producer has its production headquarters in New
York and a majority of the witnesses required for the hearing reside regularly in or
around New York, the arbitration may be held in New York.
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v) Exchange of information
Prior to any hearing, the parties will cooperate in the exchange of information and
documents consistent with their obligations under federal labor law. Not later than
30 days prior to the arbitration hearing, the hearing, documentary evidence of the
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The arbitrator’s decision and award will be in writing and will be final and binding on
the Producer, SAG-AFTRA, the Performer or Performers involved and, when
applicable, the Performer’s loan-out company. Judgment upon the award may be
entered in any court having jurisdiction. The arbitrator has authority to determine
only the dispute presented by the written demand for arbitration, and then only to
the extent and in the manner expressly provided by the applicable provisions of this
UPA. Nothing herein gives the arbitrator the authority, power, or right to alter,
amend, change, modify, add to, or subtract from any provision of this UPA.
Each party will bear its own costs in connection with any arbitration hereunder. SAG-
AFTRA and the Producer will share equally the cost and expenses of the arbitrator.
Termination or expiration of the UPA will not affect the application of the arbitration
provisions of this UPA to arbitrable disputes arising on projects produced during the
term of this UPA.
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All time limits provided in this Exhibit A may be extended or waived by mutual
agreement of the parties. Failure to send a grievance or serve a demand for
arbitration within the prescribed time frame is not a bar to the grievance, unless the
other party can demonstrate it has been materially prejudiced by the delay.
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2) Disputes Subject to Expedited Arbitration Procedure
The following procedure applies only to disputes between SAG-AFTRA and the Producer
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concerning the interpretation or application of Sections 8 and 10 of this UPA.
A) Commencement of Proceedings
Expedited arbitration proceedings are initiated by sending written notice setting forth
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the particulars of the claim to the other party in accordance with the procedures
described in Exhibit A, Section 1.C.ii.
B) Arbitrator Selection
A single arbitrator will be selected as set forth in Exhibit A, Section 1.C.iii. If the initial
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arbitrator is not available to hear a dispute within the time set forth herein, the parties
may select an arbitrator pursuant to the Expedited Labor Arbitration rules of the
American Arbitration Association (AAA), as modified herein.
Subject to the arbitrator’s availability, the hearing will commence within 20 days
following the respondent’s receipt of the notice. All expedited arbitration hearings
under this section 2 will be held in SAG-AFTRA’s office in Los Angeles, absent agreement
of the parties to another situs.
Within 10 business days following the close of the arbitration hearing or submission of
post- hearing briefs, whichever is later, the arbitrator shall issue a written decision and
The arbitrator may order injunctive or equitable relief, including enjoining the
exploitation of the Project pending full payment of all amounts due hereunder.
F) Miscellaneous
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Each party will bear its own costs in connection with any arbitration hereunder. SAG-
AFTRA and Producer will share equally the cost and expenses of the arbitrator.
Termination or expiration of the UPA will not affect the application of the arbitration
provisions of this UPA to arbitrable disputes arising on projects producers during the
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term of this UPA. The time limits provided in this Exhibit A may not be extended or
waived except by written agreement of the parties.
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