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2011-243
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2011-243
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Last modified
2/18/2016 1:31:51 PM
Creation date
10/1/2015 3:14:48 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/06/2011
Control Number
2011-243
Agenda Item Number
8.T.
Entity Name
Pyrotecnico
Pointe West of Vero Beach
Subject
Fireworks Display Contract
Supplemental fields
SmeadsoftID
10444
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PYROTECNICO <br /> V i r E FA !M I LY F '. RE W 7R K : s 186 '9 <br /> 6 . Postponement, <br /> In the event that weather is such that Pyrotecnico, in its sole and absolute discretion , determines that the Fireworks Display <br /> would be <br /> impossible or would unnecessarily increase the risk of damage or danger to person and/or property, the parties agree to immediately <br /> hold a <br /> postponement meeting at which time an attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching <br /> a <br /> mutually satisfactory postponement time and/or date. If the parties agree to a new scheduled date, then Sponsor shall pay twenty-five <br /> percent (25 % ) of the contract price for expenses Pyrotecnico has incurred . In the event a mutually satisfactory postponement date <br /> for the <br /> Fireworks Display cannot be determined, this Contract shall become null and void and neither party shall have any further obligation <br /> or <br /> responsibility hereunder, provided however, that in such event Sponsor shall pay to Pyrotecnico a sum equal to seventy-five percent <br /> ( 75 %) of <br /> the Contract Price as liquidated damages. <br /> 7 . Cancellation . <br /> If (i ) Sponsor cancels this Contract for any reason, or ( ii ) Pyrotecnico is unable to timely complete all tasks relating to <br /> the Fireworks Display in <br /> accordance with this Contract with the assistance of Sponsor and cancels this Contract despite both parties best efforts, liquidated <br /> damages <br /> for such cancellation shall be paid by Sponsor to Pyrotecnico as follows : a . In the event the Fireworks Display is cancelled <br /> more than thirty <br /> (30) days before the date scheduled for the Fireworks Display, twenty-five percent ( 25 % ) of the amount of the Contract Price; <br /> b. In the <br /> event that the Fireworks Display is cancelled less than 30 days before the date scheduled for the Fireworks Display, seventy-five <br /> percent <br /> (75 %) of the amount of the Contract Price . <br /> In the event that Sponsor chooses to terminate this Contract. It shall do so by written notice via certified mail addressed to <br /> Pyrotecnico, P. O . <br /> Box 149, New Castle, PA 16103 . Notice shall be effective upon receipt of said written notice by Pyrotecnico . Except as <br /> provided in Section 6 <br /> above with respect to weather postponement, in the event of circumstances beyond the control of either party, such as fire, strikes, <br /> delay, or <br /> similar causes which prevent the delivery of materials or performances as set forth herein, the parties hereto release one another from <br /> any <br /> and all obligations and responsibilities contained herein . <br /> Be Venue , <br /> In any action on or relating to this Contract, the parties hereto consent to the exclusive jurisdiction and venue of the state courts <br /> located in <br /> Cn cA w, -O fr 0'LA _7"1D / 1 a , cR a K-eQ <br /> 9 . Legal Construction . <br /> If any provision of this Contract is held to be illegal, invalid or otherwise unenforceable, then : (a ) the same shall not <br /> affect other terms or <br /> provisions of this Contract; and (b) such term or provision shall be deemed modified to the extent necessary to render such <br /> term or provision <br /> enforceable and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest <br /> extent the <br /> intent and agreements of the parties set forth herein . Pyrotecnico reserves the right to substitute products of equal or greater <br /> value . <br /> 10 . Entire Agreement, <br /> This Contract and the Fireworks Exhibition and Display Program constitutes the entire agreement between the parties hereto, and <br /> there are <br /> no other understandings, either oral or written, regarding to the subject matter hereof. <br /> IN WITNESS WHEREOF, the undersigned executed this Contract by and through their authorized representatives whose names appear below <br />. <br /> PYROTECN O : Pointe West of Vero Beach, LTD and the Indian River Count rd of 44 <br /> Commissioners •" �$S10NE <br /> 4• <br /> By : + <br /> 7 <br /> Gary eeler , Chairman : • ': a�; <br /> Title : Title : C h a i rman v2 <br /> • ;g• <br /> APPROVED AS TO FORM �'••.; 0/AN R RC, <br /> AND LEGAL S Cl( . <br /> Fireworks Display Contract (V2 09/2011 ) S , 2 of 2 <br /> ';A <br /> By : <br /> � � �-� <br /> CharlesMechling , President <br /> Pointe West of Vero Beach , L <br />
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