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7.1.D. - Page 4 <br /> 3. Schedule of Performances. The Performances shall take place pursuant to the <br /> schedule set forth in Exhibit "A" attached hereto and incorporated herein by this <br /> reference (the "Schedule of Performance"). <br /> 4. Compensation. The City agrees to pay a Performance Fee of $115,183 <br /> ("Performance Fee") to Performers and Agent for completing the Performances. <br /> Additionally, City will pay Performers, within 30 days of the final performance, a bonus <br /> of $5,000 if retail ticket sales exceed $220,000 and an additional bonus of $5,000 if <br /> retail ticket sales exceed $235,000. <br /> The Performance Fee shall be calculated and paid as follows: <br /> (a) Upon execution of this Agreement and compliance with Section 16 <br /> (Insurance), City shall pay to Performers, by payment to Performer's agent the <br /> sum of $40,717. The City shall mail a check in this amount to Performers' Agent <br /> at the address listed in Section 9 (Notice). <br /> (b) Upon arrival of Performers to the Place of Performance for setup as set forth <br /> in the Schedule of Performance, City shall pay directly to Performers the sum of <br /> $37,233 (CHECK PAYABLE TO: Zoppe Family, Inc.). Payment of this amount will <br /> be hand delivered to Giovanni Zoppe at the Place of Performance by the City. <br /> (c) Two (2) days prior to the final day of performance, the City shall pay the <br /> remaining balance of$37,233 (CHECK PAYABLE TO:Zoppe Family, Inc.) Payment <br /> will be hand delivered to Giovanni Zoppe at the Place of Performance by the City. <br /> (d) Within 30 days of the final performance, the City shall additionally compensate <br /> Performers as set forth below: <br /> i. If total gross retail ticket sale revenues are between $220,000 and <br /> $234,999, Zoppe will be paid a bonus of $5,000; or <br /> ii. If total gross retail ticket sale revenues exceed $235,000, <br /> Performers will be paid a bonus of $10,000. <br /> 5. Exclusive Performance(s). Performers agrees that they will not accept any other <br /> engagement for a performance of any sort or kind during a period of 60 days prior to <br /> or 60 days following the performance(s) hereinabove described within a radius of 50 <br /> miles from the location(s) of the performance(s) hereinabove described, or of any <br /> portion or portions thereof, without express written permission of the City. In the event <br /> of a performance of any sort or kind in the above-specified area within a 75 day period <br /> following the performance(s) defined hereinabove, no announcement of that <br /> performance may be made until after the performance(s) described hereinabove, or <br /> any portion or portions thereof, may be canceled by the City, and such cancellation <br /> shall be without prejudice to City's other rights and remedies hereunder. <br /> ATTY/AGR/2014.072/ZOPPE LIVE PERFORMANCE <br /> REV: 05-23-14 MLG <br /> Page 2 of 12 <br />