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13. CONTRACTOR shall make every effort to schedule multiple games per day on both fields when they are available. (Rain outs are an exception to this request.) CONTRACTOR shall submit a schedule to the City's Recreation Supervisor for each league. Schedule approval and field allocation will be determined by CITY at its sole discretion. All schedule changes and "add-on" games must be submitted 2 working days in advance of said change and approved by CITY. It will be the responsibility of the CONTRACTOR to notify all registrants of schedule changes. CONTRACTOR shall inform all teams that the Sports Complex fields are not available for 12ractices• this includes times when a game is forfeited. 14. CITY reserves the right to cancel any program which fails to meet minimum registration requirements and refund registration fees without approval from or liability to CONTRACTOR. 15. CONTRACTOR must actively advertise for his respective Adult softball and baseball programs to increase participation. All advertisements, news releases, fliers, web sites, etc. must be reviewed and approved by CITY in writing prior to distribution. The program shall be referred to as the City of Paris Parks and Recreation Softball/Baseball League. The CONTRACTOR shall be referred to as the Softball/Baseball Contractor for the City of Paris. 16. CONTRACTOR shall immediately report to CITY any problems, complaints, injuries, or incidents arising from the Recreation Softball/Baseball League. 17. CONTRACTOR covenants and agrees that CONTRACTOR is an independent contractor and not an officer, agent, servant or employee of CITY; that CONTRACTOR shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of- its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR. 18. CONTRACTOR shall deposit all program/registration fees received on a weekly basis to the City of Paris Finance Office, located at 135 SE 1St Street, Paris, Texas 75460. 19. In consideration of the CONTRACTOR's performance of all duties and obligations set out herein, the City will remit 85% of gross receipts from registration fees to CONTRACTOR said payment shall be made in two installments: the first pa,yment being due when at least 50% of total fees are collected and cleared through the Citv's bank the second installment being paid at mid-season. EXCEPTION• Fall Softball League and the Adult Baseball League will be paid in one final installment Final Payment will not be paid until all fees are collected and cleared. 3 . 0 0 0 b 2'l