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<br />4. <br /> <br />against CITY, its officers and employees, for damages arising out of or <br />associated with registrant's vacation at Shady Creek. <br /> <br />Compensation. ALiGRANTO shall pay CITY a commission of 10% of the <br />Package Revenue for each registrant referred by CITY or responding as a <br />result of the marketing effort hereunder. "Package Revenue" means the <br />total amount paid by a registrant in purchasing a vacation at Shady Creek. <br />The registration form utilized by ALiGRANTO shall inquire whether <br />registrant was informed of Shady Creek through the aforementioned <br />marketing effort. Any registrant learning of the Shady Creek family camp <br />through the marketing effort hereunder shall be included in computing the <br />commission. ALiGRANTO shall pay the total commission annually, in a <br />single lump sum, on or before the last day of September each year during <br />the term of this Agreement. <br /> <br />5. <br /> <br />Reporting and Audit ALiGRANTO shall provide CITY a report detailing <br />the number of guests registered, the names and addresses of the guests, <br />and the number of people registering under that guest. The report will be <br />delivered via electronic mail by 30th day of each month during the months <br />of January, February, March, April and May each year during the term of <br />the Agreement. ALiGRANTO shall maintain for the term of this agreement <br />accounting records of all funds comprising the Package Revenue received <br />from each registrant from the marketing efforts hereunder. ALiGRANTO <br />shall permit CITY access to those records for the purpose of audit or other <br />examination as deemed necessary by CITY. <br /> <br />6. <br /> <br />Term. This Agreement shall continue from the date first above written <br />until December 31, 2005 unless earlier terminated as provided for herein. <br />Any extension of the term beyond December 31, 2005 must be mutually <br />agreed to by the parties in writing. <br /> <br />7. <br /> <br />Independent Contractor. ALiGRANTO is an independent contractor <br />and shall not for any purpose be deemed to be an employee, agent, or <br />other representative of CITY. Services called for herein shall be deemed <br />to be unique. ALiGRANTO shall not assign, sublet, transfer, or otherwise <br />substitute its interest in this Agreement, or any of its obligations <br />hereunder, without the prior written consent of CITY. <br /> <br />8. <br /> <br />Nondiscrimination. ALiGRANTO represents that it does not and agrees <br />that it shall not discriminate against any employee or applicant for <br />employment or guest seeking registration because of race, color, religion, <br />gender, age, sexual preference, national origin, disability, or other <br />condition protected by law. <br /> <br />ALiGRANTO DESTINATIONS LLC <br /> <br />Page2of7 <br /> <br /> <br />.. c .-.-.. ......... ........ .."" ,""""" .-....-.. ..-.....--..--------.------------- <br />