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<br /> PYROTECNICOT 'A
<br /> V 1 ? A I IF ( A M I t V F I N E W O R K S + 1 5 8 9
<br /> Fireworks Display Contract
<br /> This Agreement made this . 11 th day of November , 2009 , by and between Pyrotecnico of Florida, LLC, of
<br /> Tampa , Florida , ( hereinafter referred to as " Pyrotecnico of Florida 's and Point West of Vero Beach , Florida ,
<br /> Ltd .
<br /> 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
<br /> said goods and performance ; and
<br /> WHEREAS, Sponsor wants Pyrotecnico of Florida to provide a fireworks exhibition and display for Sponsor's benefit
<br /> under the terms and conditions set forth herein ; and
<br /> WHEREAS Pyrotecnico of Florida is desirous of providing Sponsor with a fireworks exhibition and
<br /> 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
<br /> certain
<br /> fireworks which Pyrotecnico of Florida agrees to exhibit and display on ( December 19 , 2009 ) in accordance with
<br /> the program set forth and agreed upon at the time of the signing of this Agreement, the specifics of which are set
<br /> forth
<br /> in the " Fireworks Exhibition and Display Program " attached hereto and incorporated herein by reference thereto
<br />.
<br /> ( Fireworks Display) .
<br /> 2 . Payment Schedule . For and in consideration of the Fireworks Display, Sponsor agrees to pay Pyrotecnico
<br /> of
<br /> Florida the sum of $ 10 ,000 . 00 * * Includes $ 100 Permit Fee 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 t/z % per month on any delinquent balance until the debt
<br /> is paid in full .
<br /> Payment shall be made by certified check or otherwise as agreed to Pyrotecnico of Florida , LLC, P . O
<br />. Box 310 , New
<br /> Castle , Pennsylvania , 16103 . Furthermore, in the event Sponsor fails to perform its obligation and responsibility as
<br /> set
<br /> forth herein and it becomes necessary for Pyrotecnico of Florida to enforce its rights by hiring an attorney , Sponsor
<br /> shall
<br /> be responsible for, in addition to any other sums for which it is found responsible , all attorneys fees and costs
<br /> incurred
<br /> 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 for
<br /> 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
<br /> fire protection . Sponsor shall be solely responsible and obligated to construct and furnish all materials necessary to
<br /> set
<br /> up restraining lines and other barriers for keeping all persons (except those designated by Pyrotecnico of Florida ) out
<br /> of
<br /> the Display Site and all fallout and danger areas and behind the safety zone lines . Sponsor shall
<br /> provide adequate
<br /> private and/or public security personnel and /or protection to preclude all individuals other than those authorized
<br /> by
<br /> Pyrotecnico of Florida from entering the security area designated by Pyrotecnico of Florida . No persons or personal
<br /> or
<br /> real property of any kind , including but not limited to motor vehicles shall be allowed within the Display Site , fallout
<br /> area
<br /> or safe zone . Sponsor shall ensure that all spectator viewing and parking , as well as any other personal or real
<br /> property
<br /> P
<br /> s not within the Display Site , fallout area or safe zone . Sponsor shall fulfill its responsibilities
<br /> as set forth herein in
<br /> accordance with all local , state and federal rules, laws, orders and regulations, including those
<br /> 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
<br /> from any
<br /> demands, claims, causes of action or liability arising from damage to or destruction of real or personal property
<br />or bodily
<br /> or personal injuries, whether arising from tort, contact or otherwise, that occur directly or indirectly from the
<br /> failure of
<br /> Sponsor to comply with its obligations and responsibilities as set forth herein , including attorneys
<br /> fees and costs .
<br /> Sponsor shall not, under any
<br /> circumstances, be entitled to recover any consequential , incidental , exemplary , special and/or punitive damages
<br /> from
<br /> Pyrotecnico of Florida , including , without limitation , loss of income, business or profits .
<br /> 10/ 19/2009 Pg . 7 of 8 IRCRDwf $ 10 , 000 12/ 19/09
<br /> I L
<br /> Civ " Rock ' n Roll energy took center stage at the world 's most prestigious fireworks venue : La Ronde in
<br /> Montreal , Canada . Pyrotecnico 's design team developed " Rock Loves . . . " , a five - act thriller that
<br /> brought the international crowd to its feet and were awarded the coveted Gold Jupiter,
<br /> fr � ' �� rockloves . com
<br />
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