FIREWORKS DISPLAY CONTRACT
<br /> This Agreement made this 6th day of 2242mb-ox, 2005 , by and between Pyrotecnico of Florida, LL14
<br /> of Tampa , ✓" `�
<br /> Florida , (hereinafter referred to as " Pyrotecnico of Florida " ) and Pointe West of Vero Beach , and The
<br /> Indian River Countv Board of County Commissioners ( hereinafter collectively referred to as "Sponsor" .
<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 , furnish and deliver to Sponsor certain fireworks
<br /> which Pyrotecnico of Florida agrees to exhibit and display on ( December 17, 2005 ) in accordance with
<br /> the program set forth and agreed upon at the time of the signing of this Agreement, the specifics of which are set forth
<br /> 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 twenty 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 may 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 circumstances, be entitled to recover any consequential , incidental, exemplary, special and /or
<br /> punitive damages from 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 , Pointe West and local permitting
<br /> authorities, determine that the Fireworks Display would be impossible , 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 /> time an attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching 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 remain at
<br /> Pyrotecnico 11 /30/2005 PW- F&IHC 12/ 17 $ 12 , 000 Pg . 8 / 9