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Agency will grant reasonable extensions of time for the performance of such services occasioned by unusually lengthy governmental reviews of Consultant's work product or 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 amount not to exceed fifty seven thousand five hundred dollars ($57,500). Of the total amount, up to thirty seven thousand five hundred dollars ($37,500) will pay for the contract services including but not limited to musicians and clean up crew, equipment rentals, and supplies. The consultant will be compensated a flat rate of twenty thousand dollars ($20,000) with a ten percent retention for the consultant's professional time. Incremental payments for the Services will be paid per the following schedule: $10,000 AUQust 10,2010 Consultant time, office expenses,printing, postage, publicist, graphics and event costs for the month of July. $16,250 September 1. 2010 Consultant time, office expenses, 400/0 of musician costs, second half of graphics costs, second half of publicist costs and event insurance due at the beginning of September. $29,250 September 9. 2010 Consultant time, equipment, supplies, graphics, labor and event costs for the Festival. $2,000 October 12, 2010 Agency reserves the right to withhold a ten percent (100/0) retention of the Consultant's professional time until Agency has accepted the work and/or services specified in Exhibit "A." Consultant will provide the Agency with an income statement and a detailed list of expenses that contains an itemization of the goods purchased and contract services performed as "described in Exhibit "A" Post Event Compensation Documentation. The income statement shall contain all alcohol sales provided by the Consultant, booth ATTY/AGR/2010.049 060310 2