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other unavoidable delays occasioned by circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees. Consultant acknowledges the importance to City of City's project schedule and agrees to put forth its best professional efforts to perform the Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant's performance must be governed by sound practices. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. The total fee payable for the Services to be performed during the initial term of this Agreement will be: TYPE OF GAME RATES *Slow Pitch - Regular Season Game $46.50 per game (2 Umpires) *Slow Pitch - Playoff Game $48.50 per game (2 Umpires) *Slow Pitch - Championship Game $53.50 per game (2 Umpires) All sums disbursed to Association hereunder, except the aforementioned administrative services sum of Two Hundred and 00/100 Dollars ($200.00), shall be held in trust by Association and distributed to Association's individual members as compensation for their respective individual services rendered at the above rates. It is understood and agreed that in no event shall the total amount to be paid by City for all individual services to be rendered by Association's members exceed Thirty Five Thousand, Three Hundred Seventy Four Dollars ($35,374.00) for umpiring and Two Hundred and 00/100 Dollars ($200.00) for administrative services; for a total not to exceed ($35.574.00)- Thirty Five Thousand and Five Hundred Seventy Four Dollars). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A" Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 7. Status of Consultant. Consultant will perform the Services in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide services under this Agreement will not be considered employees of City for any purposes. Agreement over $1 OK 2 City Attorney Approved Version 111803 . ..