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SIGp t'i 4 :
<br /> This Agreement made Thisday of ' 2907, by and between Pyrotecnico of Florida, LLC, of Tampa,
<br /> Florida, (hereinafter referred to as " Pyrotecnico of Florida "J and Point West of Vero Beach Florida. Ltd and
<br /> The Indian River County Board of County Commissioners
<br /> of Vero Beach , Florida
<br /> WHEREAS, Pyrotecnico of Florida is engaged in the sale, exhibition and display of fireworks for those requesting said
<br /> 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 for Sponsor' s
<br /> benefit under the terms and thereby, the parties agree as follows:
<br /> 1 . Obligations of Pyrotecnico of Florida Pyrotecnico of Florida shall sell, fumish and deliver to Sponsor certain fireworks
<br /> which Pyrotecnico of Florida agrees to exhibit and display on (_ December 15 2007 ) in accordance
<br /> with the program set forth and agreed upon at the time of the signing of this Agreement, the specifics of which are set
<br /> forth in the "Fireworks Exhibition and Display Program " attached hereto and incorporated herein by reference thereto.
<br /> ( Fireworks Display) .
<br /> 2. Payment Schedule. For and in consideration of the Fireworks Display, Sponsor agrees to pay Pyrotecnico of Florida
<br /> the sum of $_ 12.000.00 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 '/z % per month on any delinquent balance until the debt is paid in full .
<br /> Payment shall be made by certified check or otherwise as agreed to Pyrotecnico of Florida, LLC, P.O. Box 310, New
<br /> Castle, Pennsylvania, 16103. Furthermore, in the event Sponsor fails to perform its obligation and responsibility as set forth
<br /> herein and it becomes necessary for Pyrotecnico of Florida to enforce its rights by hiring an attorney, Sponsor shall be
<br /> responsible for, in addition to any other sums for which it is found responsible, all attorneys fees and costs incurred by
<br /> 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 the
<br /> display and exhibition of fireworks, ( "Display Site") .
<br /> Sponsor shall hire, secure and provide, at its 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 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 is
<br /> not within the Display Site, fallout area or safe zone. Sponsor shall fulfill its responsibilities as set forth herein in accordance
<br /> with all local, state and federal rules, laws, orders and regulations, including those of the National Fire Protection
<br /> Association ( NFPA) , as amended and as ma/ be further required by Pyrotecnico of Florida.
<br /> 4. Indemnifications and Liability. Sponsor shall hold harmless and indemnify Pyrotecnico of Florida from any demands,
<br /> claims, causes of action or liability arising from damage to or destruction of real or personal property or bodily or
<br /> personal injuries, whether arising from tort, contact or otherwise, that occur directly or indirectly from the failure of
<br /> Sponsor to comply with its obligations and responsibilities as set forth herein, including attorneys fees and costs. Sponsor
<br /> shall not, under any
<br /> circumstances, be entitled to recover any consequential, incidental, exemplary, special and/or punitive damages from
<br /> Pyrotecnico of 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 /> determines that the Fireworks Display would be impossible, impractical or would unnecessarily increase the risk of
<br /> damage or danger to person and/or property, the parties agree to immediately hold a postponement meeting at which
<br /> Pyrotecnico 11/20/2007 PW / IR 12/15/07 $12,000 P9. 6 / 7
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