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<br /> I' YROTECNICO ' "
<br /> VITALE P A MILY FIREWORKS 1 8 8 9
<br /> entitled to recover any consequential , incidental , exemplary, special and/or punitive damages from Pyrotecnico
<br /> of
<br /> 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 discretion
<br />,
<br /> determines that the Fireworks Display would be impossible, impractical or would unnecessarily increase the risk
<br /> 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 the scheduled
<br /> Fireworks Display and it is impracticable for the personnel and equipment of Pyrotecnico of Florida to
<br /> remain at
<br /> Sponsor's location until the rescheduled Fireworks Display date, then Sponsor shall pay the actual expenses incurred by
<br /> Pyrotecnico of Florida related to the postponement, which shall not exceed forty percent (40%) of the contract price .
<br /> Actual expenses include, but are not limited to, expenses for travel , lodging , labor, meals, rentals, permit fees,
<br />set- up
<br /> and/or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred 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 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
<br /> 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 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 than four (4
<br />) 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 notice via
<br /> registered mail
<br /> addressed to Pyrotecnico of Florida , LLC, P . O . Box 310, New Castle, PA 16103 . Notice shall be effective upon receipt
<br /> of
<br /> said written notice by Pyrotecnico of Florida . In the event of circumstances beyond the control of either party, such as
<br /> fire, strikes, delay, flood, acts of God or similar causes, which prevent the delivery of materials or performances as, set
<br /> forth herein, the parties hereto release one another from any and all obligations and responsibilities contained herein .
<br /> 7 . Governing Law. The parties agree that this contract shall be interpreted , construed , enforced and governed 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 be modified ,
<br /> amended or rescinded except by written agreement signed by authorized representatives of the parties hereto .
<br /> IN WITNESS WHEREOF, the undersigned executed this agreement by and through their authorized agents whose names
<br /> appear below .
<br /> PYRO( C OFF RIDA , L
<br /> By : �l L� G✓ L���
<br /> SPONSOR: Point West of Vero Beach, Florida, Ltd /' j
<br /> 5,000)
<br /> By : GA Ti Co �:� r2 � � AdmI'rlisfry 4 .4^
<br /> SPO R . Indian River County Board of County Commissioners ( $51000)
<br /> 11 /8/2010 Pg . 8 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 /> ® ck Loins .. . 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 />
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