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<br />other unavoidable delays occasioned by circumstances; provided, further, that such <br />unavoidable delay will not include strikes, lockouts, work stoppages, or other labor <br />disturbances conducted by, or on behalf of, Consultant's officers or employees. <br /> <br />Consultant acknowledges the importance to Agency of Agency's project schedule and <br />agrees to put forth its best professional efforts to perform the Services under this <br />Agreement in a manner consistent with that schedule. Agency understands, however, <br />that Consultant's performance must be governed by sound practices. <br /> <br />5. Time is of the Essence. Time is of the essence for each and every provision of <br />this Agreement. <br /> <br />6. Compensation. The total fee payable for the Services to be performed during the <br />initial term of this Agreement will be an amount not to exceed fifty seven thousand five <br />hundred dollars ($57,500). Of the total amount, up to thirty seven thousand five <br />hundred dollars ($37,500) will pay for the contract services including but not limited to <br />musicians and clean up crew, equipment rentals, and supplies. The consultant will be <br />compensated a flat rate of twenty thousand dollars ($20,000) with a ten percent <br />retention for the consultant's professional time. <br /> <br />Incremental payments for the Services will be paid per the following schedule: <br /> <br />$5.000 Julv 1. 2009 <br />Consultant time, office expenses, printing, postage, publicist work and graphics. <br /> <br />$5,000 AUQust 1. 2009 <br />Consultant time, office expenses and event costs for the month of July. <br /> <br />$16,250 September 1. 2009 <br />Consultant time, office expenses, 400/0 of musician costs, second half of graphics costs, <br />second half of publicist costs and event insurance due at the beginning of September. <br /> <br />$29.250 September 9. 2009 <br />Consultant time, equipment, supplies, graphics, labor and event costs for the Festival. <br /> <br />$2.000 October 12.2009 <br />Agency reserves the right to withhold a ten percent (100/0) retention of the Consultant's <br />professional time until Agency has accepted the work and/or services specified in <br />Exhibit "A." <br /> <br />Consultant will provide the Agency with an income statement and a detailed list of <br />expenditures that contains an itemization of the goods purchased and contract services <br />performed as described in Exhibit "A" Post Event Compensation Documentation. <br /> <br />7. Status of Consultant. Consultant will perform the Services in Consultant's own <br />way as an independent contractor and in pursuit of Consultant's independent calling, <br /> <br />ATTY/AGR/2009.028 <br />062509 <br /> <br />2 <br />