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r Sponsor ' s location until the rescheduled Fireworks Display date, then Sponsor shall pay the actual expenses incurred by Pyrotecnico of Florida related to the postponement, which shall not exceed twenty-five percent ( 25%) of the contract price . Actual expenses include , but are not limited to , expenses for travel , lodging , labor, meals, rentals , permit fees, set- up and /or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred prior to and/or as a result of the postponement . In the event a mutually satisfactory postponement date cannot be determined , this contract shall become null and void and neither party shall have any obligation or responsibility hereunder provided however, that in such event Sponsor shall pay to Pyrotecnico of Florida a sum equal to fifty (50%) of the contract price . 6 . Cancellation . In the event Sponsor cancels this contract as provided below, liquidated damages for such cancellation shall be paid by Sponsor to Pyrotecnico of Florida 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 the Fireworks Display is cancelled no more than thirty (30) days and no less than four (4) days before the contract, fifty percent ( 50%) of the contract price . c . If the Fireworks Display is cancelled no more than three (3) days but before the day scheduled for the Fireworks Display, seventy-five percent ( 75%) of the contract price . d . On the day scheduled for the Fireworks Display, one hundred percent ( 100%) , In the event that Sponsor chooses to terminate this contract it shall do so by written notice via registered mail addressed to Pyrotecnico of Florida , LLC , P . O . Box 310, New Castle, PA 16103 . Notice shall be effective upon receipt of said written notice by Pyrotecnico of Florida . In the event of circumstances beyond the control of either party, such as fire , strikes, delay, flood , acts of God 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 . 7 . Governing Law. The parties agree that this contract shall be interpreted, construed , enforced and governed by the laws of the State of Florida . 8 . Modifications and Revision . Except as provided herein, the terms of this agreement shall not be modified, amended or rescinded except by written agreement signed by authorized representatives of the parties hereto . IN WITNESS WHEREOF, the undersigned executed this agree nt b and through their authorized agents whose names appear below. A ES : PYROTECNICO FLORIDA, LLC AtA z , By. Its : ATTEST: ; - SPON me est o ro BeTh , fleriek��#$�`C It ' s ATTEST: J . K . Barton , Clerk Indi liver County Board of County commissioners Deputy Clerk f APPROVED . Its : Chairman '; Thomas S . Lowther, Chairman a C( my d ; BCC Appro�/ cd :. f) ecember,.' 6 2005 Ia ? : ' U FORM rr AN ' A ?- SIiFFICIENCY MA , A SSISTAN : <? UNI ATTORNEY Pyrotecnico 11 /30/2005 PW-F& IHC 12/ 17 $ 12 ,000 Pg . 9 / 9