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<br /> PYROTECNIC (J
<br /> ' I TA I FA ;.. 11. 5 F ik F YV Ci B K . 1 PA9
<br /> Fireworks . . . Display Contract
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<br /> This Agreement made this day of 2008, by and between Pyrotecnico of Florida , LLC , of
<br /> Tampa , Florida, ( hereinafter referred to as " Pyrotecnico of Florida " ) and Point West of Vero Beach Florida
<br /> Ltd . and The Indian River County Board of County Commissioners of Vero Beach Florida
<br /> WHEREAS , Pyrotecnico of Florida is engaged in the sale , exhibition and display of fireworks for those
<br /> requesting said goods and performance ; and
<br /> WHEREAS , Sponsor wants Pyrotecnico of Florida to provide a fireworks exhibition and display for Sponsor ' s
<br /> benefit under the terms and conditions set forth herein ; and
<br /> WHEREAS Pyrotecnico of Florida is desirous of providing Sponsor with a fireworks exhibition and display for
<br /> Sponsor ' s benefit under the terms and thereby, the parties agree as follows :
<br /> 1 . Obligations of Pyrotecnico of Florida Pyrotecnico of Florida shall sell, furnish and deliver to Sponsor certain
<br /> fireworks which Pyrotecnico of Florida agrees to exhibit and display on
<br /> December
<br /> in accordance with the program set forth and agreed upon of the time of the signing of this Agreement, the
<br /> specifics of which are set forth in the " Fireworks Exhibition and Display Program " attached hereto and
<br /> incorporated herein by reference thereto . ( Fireworks Display) .
<br /> 2 . Payment Schedule For and in consideration of the Fireworks Display, Sponsor agrees to pay Pyrotecnico of
<br /> Florida the sum of $_ 10, 000. 00 . payment shall be made as follows :
<br /> a . 50% of the contract price upon the signing hereof .
<br /> b . The balance of the contract price within ten days of completion of the Fireworks Display.
<br /> Sponsor agrees to pay interest at the rate of 1 1/2 % per month on any delinquent balance until the debt is paid
<br /> in full . Payment shall be made by certified check or otherwise as agreed to Pyrotecnico of Florida, LLC , P . O .
<br /> Box 310 , New Castle , Pennsylvania , 16103 . Furthermore, in the event Sponsor fails to perform its obligation and
<br /> responsibility as set forth herein and it becomes necessary for Pyrotecnico of Florida to enforce its rights by
<br /> hiring an attorney, Sponsor shall be responsible for, in addition to any other sums for which it is found
<br /> responsible , all attorneys fees and costs incurred by Pyrotecnico of Florida to collect said sums .
<br /> 3 . Responsibilities of Sponsor . Sponsor agrees to procure and furnish a place suitable to Pyrotecnico of Florida
<br /> for the display and exhibition of fireworks , ( " Display Site " ) .
<br /> Sponsor shall hire , secure and provide, at it ' s own cost and expense , adequate private and/or public security ,
<br /> Police and fire protection . Sponsor shall be solely responsible and obligated to construct and furnish all
<br /> materials necessary to set up restraining lines and other barriers for keeping all persons ( except those
<br /> designated by Pyrotecnico of Florida ) out of the Display Site and all fallout and danger areas and behind the
<br /> safety zone lines . Sponsor shall provide adequate private and /or public security personnel and /or protection
<br /> to preclude all individuals other than those authorized by Pyrotecnico of Florida from entering the security
<br /> area designated by Pyrotecnico of Florida . No persons or personal or real property of any kind , including but
<br /> not limited to motor vehicles shall be allowed within the Display Site , fallout area or safe zone . Sponsor shall
<br /> ensure that all spectator viewing and parking , as well as any other personal or real property is not within the
<br /> Display Site , fallout area or safe zone . Sponsor shall fulfill its responsibilities as set forth herein in accordance
<br /> with all local , state and federal rules , laws , orders and regulations , including those of the National Fire
<br /> Protection Association ( NFPA ) , as amended and as may be further required by Pyrotecnico of Florida .
<br /> 4 . Indemnifications and Liability . Sponsor shall hold harmless and indemnify Pyrotecnico of Florida from any
<br /> demands , claims , causes of action or liability arising from damage to or destruction of real or personal
<br /> property or bodily or personal injuries , whether arising from tort , contact or otherwise , that occur directly or
<br /> indirectly from the failure of Sponsor to comply with its obligations and responsibilities as set forth herein ,
<br /> including attorneys fees and costs . Sponsor shall not , under any
<br /> circumstances , be entitled to recover any consequential , incidental, exemplary, special and/or punitive
<br /> damages from Pyrotecnico of Florida , including , without limitation , loss of income , business or profits .
<br /> 5 . Postponement .- In the event that weather is such that Pyrotecnico of Florida in its sole and absolute
<br /> discretion , determines that the Fireworks Display would be impossible , impractical or would unnecessarily
<br /> increase the risk of damage or danger to person and /or property, the parties agree to immediately hold a
<br /> Pyro Proposal 11 / 18/2008 Pg . 8 of 9 IRRDwf 12/20/08 $ 12 , 000 ` spec I c
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