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3 <br /> The basis for determining adjustments shall be the Consumer Price Index for All Urban <br /> Consumers, issued by the United States Department of Labor,Bureau of Labor Statistics, <br /> Washington,D.C.,for the Seattle-Everett metropolitan area, all items, 1985=100 (referred to as <br /> "CPI-U"). The CPI-U numbers to be used for adjustments shall be the CPI-U numbers officially <br /> published for June. <br /> If the CPI-U, series 1985=100, is no longer officially published at the time of adjustments, such <br /> series of numbers nevertheless will be used for adjustment of Compensation under this section by <br /> the use of conversion tables supplied by the Bureau of Labor Statistics. <br /> If official publication of the CPI-U number that would otherwise be used pursuant to this <br /> Agreement has been delayed and not published as of the first day of the Year for which the <br /> adjusted Compensation is being determined,then,in the interim,until such CPI-U number is <br /> officially published,the City shall pay Compensation as paid in the preceding Year. When such <br /> CPI-U number is officially published,the determination shall be made as though such CPI-U had <br /> been officially published prior to the beginning of such Year,and the adjusted Compensation so <br /> determined shall be applied retroactively and prospectively for the remainder of such Year. <br /> If the CPI-U is discontinued by the Bureau of Labor Statistics, or any successor thereto, and not <br /> replaced by any substantially similar Index which is convertible to the CPI-U, 1985= 100, <br /> through the use of conversion tables,then any increase in Compensation for a succeeding Year <br /> shall be renegotiated by the parties during the thirty(30) days immediately preceding expiration <br /> of such Year. <br /> C. Rental and Concession Income <br /> Income from rental of the facility shall be City income. <br /> D. Reports <br /> Each quarter, Theatre shall provide City with an operational summary of activities <br /> occurring during the quarter, a detailed budget perfounance summary and an income statement <br /> that clearly reflects income and expenditures according to generally accepted accounting <br /> principles. Upon City's request, Theatre shall provide City with income, financial, and profit/loss <br /> statements as they are created or maintained by Theatre or its agents for its own management. <br /> VI. INDEPENDENT RELATIONSHIP <br /> A. This Agreement does not constitute or create an employer-employee relationship. <br /> Because Theatre is an independent entity, Theatre shall be responsible for all obligations relating <br /> to federal income tax, self-employment FICA taxes and contributions, and all other so-called <br /> employer taxes and contributions, including,but not limited to, industrial insurance(Workers' <br /> Compensation). Theatre agrees to pay any leasehold excise tax, if applicable,levied under <br /> Chapter 82.29A RCW together with any interest and penalties which may be assessed thereon. <br /> Theatre agrees to indemnify, defend and hold City harmless from any claims, valid or otherwise, <br /> made against City because of such obligations. <br /> EVERETT/VILLAGE THEATRE AGREEMENT Page 5 of 10 <br /> 8 <br />