AgdaPkt 2015-07-27 Joint SA and PFA

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7.1.C. - Page 4 3. Schedule of Performances. The Performances shall take place pursuant to the schedule set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Schedule of Performance"). 4. Compensation. The City agrees to pay a Performance Fee of $115,183 ( "Performance Fee ") to Performers and Agent for completing the Performances. Additionally, City will pay Performers, within 30 days of the final performance, a bonus of $5,000 if retail ticket sales exceed $240,000 and an additional bonus of $5,000 if retail ticket sales exceed $260,000. The Performance Fee shall be calculated and paid as follows: (a) Upon execution of this Agreement and compliance with Section 16 (Insurance), City shall pay to Performers, by payment to Performer's agent the sum of $40,717. The City shall mail a check in this amount to Performers' Agent at the address listed in Section 9 (Notice). (b) Upon arrival of Performers to the Place of Performance for setup as set forth in the Schedule of Performance, City shall pay directly to Performers the sum of $37,233 (CHECK PAYABLE TO: Zoppe Family, Inc.). Payment of this amount will be hand delivered to Giovanni Zoppe at the Place of Performance by the City. (c) Two (2) days prior to the final day of performance, the City shall pay the remaining balance of $37,233 (CHECK PAYABLE TO: Zoppe Family, Inc.) Payment will be hand delivered to Giovanni Zoppe at the Place of Performance by the City. (d) Within 30 days of the final performance, the City shall additionally compensate Performers as set forth below: i. If total gross retail ticket sale revenues are between $240,000 and $259,999, Zoppe will be paid a bonus of $5,000; or ii. If total gross retail ticket sale revenues exceed $260,000, Performers will be paid a bonus of $10,000. 5. Exclusive Performance(s). Performers agrees that they will not accept any other engagement for a performance of any sort or kind during a period of 60 days prior to or 60 days following the performance(s) hereinabove described within a radius of 50 miles from the location(s) of the performance(s) hereinabove described, or of any portion or portions thereof, without express written permission of the City. In the event of a performance of any sort or kind in the above - specified area within a 75 day period following the performance(s) defined hereinabove, no announcement of that performance may be made until after the performance(s) described hereinabove, or any portion or portions thereof, may be canceled by the City, and such cancellation shall be without prejudice to City's other rights and remedies hereunder. ATTY /AGR/2015.1042OPPE LIVE PERFORMANCE REV: 05 -27 -15 MLG Page 2 of 12