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<br />, , <br /> <br />3. <br /> <br />COMPENSATION. <br /> <br />Event Producer shall remit to CITY a non-refundable sum oftwenty five thousand ($25,000) <br />dollars and non-refundable sum of fifteen (15%) percent ofthe net revenues ("net revenues" shall be <br />defined as all receipts for revenues to include but not be limited to sponsorship, booth sales, carnival <br />rides and games minus total reasonable expenses excluding but not limited to commissions, Event <br />Producer hotel and per diem charges, and Event Producer's labor costs.) as Compensation to City. <br />Event Producer shall remit the sum oftwenty five thousand ($25,000) dollars at least 30 days prior to <br />the scheduled event date or no later than August 13,2004. Event Producer shall not be entitled to a <br />refund of any portion of the twenty five thousand ($25,000) dollars and/or offset of any portion of <br />fifteen (15%) percent ofthe net revenues if said event fails to cover costs or make a profit. <br /> <br />The compensation fee of $25,000 will be fully refundable in the event that the City of Santa <br />Ana, Police or any other Authority orders the cancellation of the event due to any act not caused by <br />Force Majure or as defined under Section 4. Limitation of Liability. <br /> <br />4. <br /> <br />LIMITATION OF LIABILITY <br /> <br />Without limiting any express financial or liability provisions provided for in this Agreement, <br />City shall not be liable to Promoter for any indirect, consequential, exemplary, special, incident or <br />putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in <br />connection with this Agreement under any theory of tort, contract, warranty, strict liability or <br />negligence. <br /> <br />The foregoing limitation applies to all causes of action and claims, including but not limited <br />to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further <br />understood and agreed that City shall not be responsible for any loss or damage caused by EVENT <br />PROTEST, hostile or warlike action, terrorism, civil disorders or any governmental action, whether <br />such loss be direct or indirect, proximate or remote. <br /> <br />5. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />EVENT PRODUCER is an independent CONTRACTOR and not an employee of CITY and <br />all of CONTRACTOR'S personnel shall be employees or subcontractors of EVENT PRODUCER <br />and not employees of the CITY. EVENT PRODUCER shall pay all salaries and wages, employer's <br />social security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding. <br /> <br />6. <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />a. EVENT PRODUCER covenants that it presently has no interest, and shall not have <br />any interest, direct or indirect, which would conflict in any manner with the performance of services <br />required hereunder. <br /> <br />b. <br /> <br />EVENT PRODUCER will not discriminate against any employee, or applicant for <br />3 <br />