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