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<br /> PYROTECNICO
<br /> V I T A I r r A M I l V r I R r W 0 R K S a 1 8 9 9
<br /> 5 . Postponement. In the event that weather is such that Pyrotecnico of Florida in its sole and absolute
<br /> discretion ,
<br /> determines that the Fireworks Display would be impossible, impractical or would unnecessarily increase the
<br /> risk of
<br /> damage or danger to person and/ or property, the parties agree to immediately hold a postponement meeting at which
<br /> time an attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching
<br /> a mutually
<br /> satisfactory postponement time and/or date .
<br /> In the event the mutually satisfactory postponement time and/or date is beyond the day following
<br /> the scheduled
<br /> Fireworks Display and it is impracticable for the personnel and equipment of Pyrotecnico of Florida
<br /> to remain at
<br /> Sponsor's location until the rescheduled Fireworks Display date , then Sponsor shall pay the actual expenses incurred
<br /> by
<br /> Pyrotecnico of Florida related to the postponement, which shall not exceed forty percent (40 % ) of the contract
<br /> price .
<br /> Actual expenses include, but are not limited to, expenses for travel , lodging , labor, meals, rentals, permit
<br /> fees, set- up
<br /> and/ or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred
<br /> prior to
<br /> 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 null and void
<br /> and neither party shall have any obligation or responsibility hereunder provided however, that in such
<br />event Sponsor
<br /> 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
<br /> for the
<br /> Fireworks Display, twenty-five percent ( 25 % ) of the amount of the contract price .
<br /> b . In the event the Fireworks Display is cancelled no more than thirty ( 30 ) days and no less
<br />than four (4 ) days
<br /> before the contract, fifty percent ( 50 % ) of the contract price .
<br /> c . If the Fireworks Display is cancelled no more than three ( 3 ) days but before the day scheduled for the Fireworks
<br /> Display, seventy-five percent ( 75 % ) of the contract 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 it shall do so by written
<br /> 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
<br /> said written notice by Pyrotecnico of Florida . In the event of circumstances beyond the control of either party,
<br /> such as
<br /> fire , strikes, delay, flood , acts of God or similar causes, which prevent the delivery of materials or performances
<br /> as , set
<br /> forth herein , the parties hereto release one another from any and all obligations and responsibilities contained herein
<br />.
<br /> 7 . Governing Law . The parties agree that this contract shall be interpreted , construed , enforced and governed
<br /> by the
<br /> laws of the State of Florida .
<br /> 8 . Modifications and Revision . Except as provided herein , the terms of this agreement shall not
<br /> be modified ,
<br /> amended or rescinded except by written agreement signed by authorized representatives of the parties hereto .
<br /> IN WITNESS WHE It the un ,*signed executed this agreement by and through their authorized agents whose names
<br /> appear beiow .
<br /> PY�OTECNICO O 1QRI :A, LLC
<br /> By : _.
<br /> SPO O nt es V o Be h, lorida, Ltd . ( $ 5, 0 _
<br /> By ; �� Title : ' J`p � 1� C'/L'
<br /> SPONS R : Indian jtiv r County Bohr of County Commissioners ( $5, 000 )
<br /> B W f„� � — Title ;
<br /> 10/ 19/2009 Pg . 8 of 8 IRCRDwf $ 10 , 000 12/ 19/09
<br /> Rock1 ' " Rock ' n Roll energy took center stage at the world 's most prestigious fireworks venue : LaRonde in
<br /> Loues . . . 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 /> rockloves . com
<br />
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