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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 Agency of Agency'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. Agency 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 an hourly rate of $83.33 not to exceed forty-five thousand dollars ($45,000.00). Of the total amount, up to five thousand dollars ($5,000) will be reimbursed for direct costs such as labor services at the events, equipment rental and materials associated with the Zoppe Italian Family Circus as further defined in Exhibit "A" and in a subsequent Technical Rider to be provided by the Agency. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Consultant shall submit invoices that contain all of the following items to the Agency: 1) service date, 2) hours performed, 3) hourly rate, 4) description / itemization of goods or services performed and the corresponding task number outlined in Exhibit A, and 5) if applicable, copies of receipts and statements describing the purpose of the purchase or rental. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A.II Agency reserves the right to withhold a ten percent (100/0) retention until Agency has accepted the work and/or services specified in 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 Agency. The persons used by Consultant to provide services under this Agreement will not be considered employees of Agency for any purposes. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. Agency will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. Agency will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify Agency within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers. compensation payment which Agency may be required to make on behalf of Consultant or any agent, employee, or subcontractor of Consultant for work done under this Agreement. At the Agency's election, Agency may deduct the indemnification amount from any balance owing to Consultant. ATTY/AGR/2010.037 042810 2