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((I II LA D0j % R I L R A I M N S .{
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<br /> P. O . Box 149 i ,, t Atlanta , GA Montgomery, AL
<br /> New Castle, PA 16103 714 hSL. 1288
<br /> AuburnN '/ New castle PA
<br /> T(F� , o " ` Dallas 12
<br /> 724 . 65 _ . ,. 555 wv. vd. py�otecni[c . com 1X New Orleans, LA
<br /> [ m. i ro ri I I I
<br /> Fort Lauderdale, PL Saluda , SC
<br /> PROT N I f'1 800 . 854 . 4705 info(o pyrotecnico . co�n Jaffrey, NH Tampa , FL
<br /> �f Las Vegas, NV Vineland , NJ
<br /> VI 'I h LE Fin MILT F : RE '�V C) RK � * 1 tl 3 �J
<br /> Fireworks Display Contract
<br /> THIS CONTRACT ( this " Contract") is made this f).. day of npr 20 1 1 by and between PYROTECNICO, a Florida
<br /> LLC
<br /> ('Pyrotecnico"), and the Pointe West of Vero Beach , LTD and the Indian River County Board of Commissioners
<br /> (" Sponsor'), with its principal place of business located in Vero Beach , Florida
<br /> WHEREAS, Pyrotecnico is desirous of providing Sponsor with a fireworks exhibition and display for Sponsor's benefit
<br /> under such
<br /> terms and conditions as provided herein , and thereby, the parties agree as follows :
<br /> 1 . Fireworks Display.
<br /> Pyrotecnico shall sell , furnish and deliver to Sponsor certain fireworks which Pyrotecnico agrees to exhibit and display on
<br /> DATE : December 17th , 2011 / Rain Date : ( Please fill in Rain Date )
<br /> ( Note : Rain dates not available on July 24, 20_ — If planning a Rain Date during July 4th week, please consult
<br /> with your Show Producer before submitting ) in accordance with the program set forth and agreed upon at the time
<br /> of the
<br /> signing of this Contract, the specifics of which are set forth in the " Fireworks Exhibition and Display Program" attached
<br /> hereto and
<br /> incorporated herein by reference thereto ( the " Fireworks Display") .
<br /> 2 . Payment Schedule ,
<br /> For and in consideration of the Fireworks Display, Sponsor agrees to pay Pyrotecnico the sum of $
<br /> 10,000. 00 * * Includes
<br /> $ 100. 00 permit fee (the "Contract Price") paid as follows : a . 50 % of the Contract Price due upon the signing
<br /> of this
<br /> Contract; b . the balance of the Contract Price due within ten ( 10) days of completion of the Fireworks Display .
<br /> Sponsor agrees to pay interest at the rate of 11/2 % per month on any delinquent balance of the Contract Price until paid
<br /> in full . Payment
<br /> shall be made by certified check or otherwise as agreed by Pyrotecnico to Pyrotecnico at P.O . Box 149, New Castle, PA
<br /> 16103 . Furthermore,
<br /> in the event Sponsor fails to perform its obligations and responsibilities as set forth herein and it becomes necessary for Pyrotecnico
<br /> to enforce
<br /> its rights by hiring an attorney or third party, Sponsor shall be responsible for all fees and costs incurred by Pyrotecnico
<br /> to collect said sums.
<br /> 3 . Display Responsibilities .
<br /> Pyrotecnico and Sponsor will collaborate in the performance of all tasks relating to the Fireworks Display. These tasks include,
<br /> but are not
<br /> limited to, ( i) procuring and furnishing a place suitable for the Fireworks Display ( the " Display Site"), ( ii ) applying for,
<br /> obtaining and securing
<br /> all permits, licenses and approvals required by all applicable local, state and federal laws and regulations as well as those
<br /> required by any
<br /> local police and fire departments for the Fireworks Display (collectively, the " Required Approvals") Sponsor is responsible for the
<br /> payment of
<br /> all governmental fees and expenses imposed or applied to this exhibition, (iii ) providing adequate private and/or public security,
<br /> police and fire
<br /> protection, ( iv) securing an acceptable location with private and/or public security personnel to park the Pyrotecnico fireworks
<br />truck(s)
<br /> overnight (or for such longer or shorter period as Pyrotecnico may reasonably require in order to effectively provide the Fireworks
<br /> Display) ,
<br /> (v) securing adequate protection to preclude all individuals, other than those authorized by Pyrotecnico, from entering the security
<br /> area
<br /> designated by Pyrotecnico, ( vi ) removing and keeping unauthorized persons, as well as, personal or real property of any kind,
<br /> including ,
<br /> without limitation , motor vehicles, outside of the area designated by Pyrotecnico as the Display Site, fallout area or safe
<br /> zone . Pyrotecnico
<br /> and Sponsor shall fulfil their responsibilities as set forth herein in accordance with all local, state and federal rules,
<br />laws, orders and
<br /> regulations, including those of the National Fire Protection Association ( NFPA) .
<br /> 4 . Crediting .
<br /> Sponsor agrees to credit Pyrotecnico as " Fireworks by Pyrotecnico" in all advertising/marketing materials that are within the Sponsors
<br /> authority .
<br /> S . Indemnification and Limitation of Liability.
<br /> Sponsor shall indemnify, defend and hold Pyrotecnico and its shareholders, directors, officers, employees, agents, representatives
<br />and insurers
<br /> harmless from any and all demands, claims, causes of action, judgments or liability ( including, without limitation, the costs of
<br /> suit and
<br /> reasonable costs of experts and attorneys) arising from damage to or destruction of property ( including , without limitation, real
<br />and personal )
<br /> or bodily or personal injuries (including, without limitation , death ), whether arising from tort, contact or otherwise, that occur
<br /> directly or
<br /> indirectly from (a ) the gross negligence or wilful misconduct of Sponsor or its employees, agents, contractors or representatives,
<br /> or ( b) the
<br /> failure of Sponsor to comply with its obligations and responsibilities as set forth herein . Pyrotecnico shall indemnify, defend
<br /> and hold Sponsor
<br /> harmless from any and all demands, claims, causes of action, judgments or liability ( including, without limitation, the costs of
<br /> suit and
<br /> reasonable costs of experts and attorneys) arising from damage to or destruction of property ( including , without limitation, real and
<br /> personal )
<br /> or bodily or personal injuries ( including, without limitation , death ), whether arising from tort, contact or otherwise, that occur
<br /> directly or
<br /> indirectly from the gross negligence or wilful misconduct of Pyrotecnico or its employees, agents, contractors or representatives.
<br /> Sponsor
<br /> shall not under any circumstances be entitled to recover any consequential, incidental, exemplary, special and/or punitive damages from
<br /> Pvrotecnico .includina without limitationloss of income business or profits
<br /> Fireworks Display Contract (V2 09/ 2011 ) 1 of 2
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