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<br /> PYROTECNICO ' M
<br /> LL
<br /> V I TA L F r A M I L V F I R e WO R K 8 1 8 8 9
<br /> Fireworks Display Contract
<br /> This Agreement made this day of 2010, 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 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 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 display
<br /> 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 (December 18, 2010 ) 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 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 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 1/2 % per month on any delinquent balance until the debt is paid
<br /> in full .
<br /> Payment shall be made by certified check or otherwise as agreed to Pyrotecnico of Florida , LLC, P . O• Box
<br /> 310, New
<br /> Castle, Pennsylvania , 16103 . Furthermore, in the event Sponsor fails to perform its obligation and responsibility as set
<br /> forth herein and it becomes necessary for Pyrotecnico of Florida to enforce its rights by hiring an attorney, Sponsor shall
<br /> be responsible for, in addition to any other sums for which it is found responsible, all attorneys fees and costs 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, police and
<br /> fire protection . Sponsor shall be solely responsible and obligated to construct and furnish all materials necessary to set
<br /> up restraining lines and other barriers for keeping all persons (except those designated by Pyrotecnico of Florida ) out of
<br /> the Display Site and all fallout and danger areas and behind the safety zone lines. Sponsor shall 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 or
<br /> real property of any kind , including but not limited to motor vehicles shall be allowed within the Display Site, fallout area
<br /> or safe zone. Sponsor shall ensure that all spectator viewing and parking , as well as any other personal or real property
<br /> is not within the Display Site, fallout area or safe zone. Sponsor shall fulfill its responsibilities as set
<br />forth herein in
<br /> accordance with all local, state and federal rules, laws, orders and regulations, including those of the National
<br /> Fire
<br /> Protection Association ( NFPA) , as amended and as may be further required by Pyrotecnico of Florida .
<br /> 4 . Indemnifications and Liability . To the extent allowed by law, Sponsor shall hold harmless , and indemnify
<br /> Pyrotecnico of Florida from any demands, claims, causes of action or liability arising from damage to or , destruction of
<br /> real or personal property or bodily or personal injuries, whether arising from tort, contact 'or' otherwise, that
<br /> occur
<br /> directly or indirectlyfrom the failure of Sponsor to comply with its obligations and responsibilities as set forth herein
<br />,
<br /> including attorneys fees and costs; provided that nothing herein shall constitute a waiver of the Sponsor's sovereign
<br /> immunity in excess of the limits set forth in 768 . 28, Florida Statutes. Sponsor shall not, under any circumstances, be
<br /> X11 11 /8/2010 Pg . 7 of 9 IRCRDwf $ 10 , 000 12/18/10
<br /> " Rock ' n Roll energy took center stage at the world 's most prestigious fireworks venue : La Ronde in
<br /> ® C ® VQ5 ,, , 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.
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