|
1111 //
<br /> yye�tt
<br /> fAIY ✓ �� l f#J/Af;% ?� ....
<br /> lt,r� tA
<br /> PYROTECNIC ® "
<br /> VI iAI. F FA L? II. Y i Ili I'. W' O F. K > 1081
<br /> Postponement meeting at which time an attempt to reschedule the Fireworks Display shall be discussed with a
<br /> view toward reaching a mutually satisfactory posf ponement time and /or date . - I
<br /> In the event the mutually satisfactory postponement lime and / or date is beyond the day following the
<br /> scheduled Fireworks Display and it is impracticable for the personnel and equipment of Pyrotecnico e Florida
<br /> to remain at Sponsor ' s location until the rescheduled Fireworks Display date , then Sponsor shall pay the actual
<br /> expenses incurred by Pyrotecnico of Florida related to the postponement , which shall not exceed forty
<br /> percent ( 40% ) of the contract pace . Actual expenses include , but are not limited to , expenses for travel,
<br /> lodging , labor, meals , rentals, permit fees , set-up and / or dismantling of display, additional taxes or surcharges ,
<br /> or any other additional expenses that incurred prior to and /or as a result of the postponement or cancellation .
<br /> In the event a mutually satisfactory postponement date cannot be determined , this contract shall become
<br /> null and void and neither party shall have any obligalion or responsibility hereunder provided however, that in
<br /> such event Sponsor shall pay to Pyrotecnico of Florida a sum equal to seventy-five ( 75%) of the contract price .
<br /> 6 . Cancellation . In the event Sponsor cancels this contract as provided below, liquidated damages for such
<br /> cancellation shall be paid by Sponsor to Pyrotecnico of Florida as follows :
<br /> a . In the event the Fireworks Display is cancelled more than thirty ( 30 ) days before the date scheduled for
<br /> the Fireworks Display, twenty-five percent ( 25 % ) of fire amount of the contract price .
<br /> b . In the event the Fireworks Display is cancelled no more Ilion thirty ( 30) days and no less than four ( 4)
<br /> days before the contract, fifty percent ( 50%) of the contract price .
<br /> c . If the Fireworks Display is cancelled no more Ihan three ( 3 ) days but before the day scheduled for the
<br /> Fireworks Display, seventy- five percent ( 75%) of the conlracl price .
<br /> d . On the day scheduled for the Fireworks Display , one hundred percent ( 100%) .
<br /> In the event that Sponsor chooses to terminate this contract if shall do so by written notice via registered mail
<br /> addressed to Pyrotecnico of Florida , LLC , P . O . Box 310 , New Castle , PA 16103 . Notice shall be effective upon
<br /> receipt of said written notice by Pyrotecnico of Florida . In the event of circumstances beyond the control of
<br /> either party , such as fire , strikes , delay, flood, acts of God or similar causes, which prevent the delivery of
<br /> materials or performances as , set forth herein , the parlies hereto release one another from any and all
<br /> obligations and responsibilities contained herein .
<br /> 7 . Governing Law . The parties agree that this contract shall be interpreted , construed, enforced and
<br /> governed by the laws of the State of Florida .
<br /> 8. Modifications and Revision Except as provided herein , the leans of this agreement shall not be modified ,
<br /> amended or rescinded except by written agreement signed by authorized representatives of the parties
<br /> hereto .
<br /> IN WITNESS WHEREOF, the undersigned executed this agreement by and through their authorized agents
<br /> whose names appear below .
<br /> PYROTECNICO OF FLORIDA , LLC
<br /> By :
<br /> SPONSOR : Point West of Vero Beach, Florida, Ltd . ( $ 5, 000 )
<br /> By :
<br /> Title :
<br /> SPONSOR Indian River County Boardpf County Commissioners ( $ 5, 000 )
<br /> Title :
<br /> fff
<br /> I tij � , Y.., , ,A. 4�.�; 1t'0 FORM
<br /> .a .. .
<br /> +,�,� ..,s. y�,„ ,,;„, 4 y't�sa5mrsa i ,w--✓ . .pl ._ .. .
<br /> Pyra'� ..ropbal %1Qbot - r Pg . 9 of 9Ile
<br /> Ile 12/20/08 $ 12 , 000"` spec I c
<br /> rC 4
<br />
|