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Home My WebLink About2011-243 ((I II LA D0j % R I L R A I M N S .{ �— P. O . Box 149 i ,, t Atlanta , GA Montgomery, AL New Castle, PA 16103 714 hSL. 1288 AuburnN '/ New castle PA T(F� , o " ` Dallas 12 724 . 65 _ . ,. 555 wv. vd. py�otecni[c . com 1X New Orleans, LA [ m. i ro ri I I I Fort Lauderdale, PL Saluda , SC PROT N I f'1 800 . 854 . 4705 info(o pyrotecnico . co�n Jaffrey, NH Tampa , FL �f Las Vegas, NV Vineland , NJ VI 'I h LE Fin MILT F : RE '�V C) RK � * 1 tl 3 �J Fireworks Display Contract THIS CONTRACT ( this " Contract") is made this f).. day of npr 20 1 1 by and between PYROTECNICO, a Florida LLC ('Pyrotecnico"), and the Pointe West of Vero Beach , LTD and the Indian River County Board of Commissioners (" Sponsor'), with its principal place of business located in Vero Beach , Florida WHEREAS, Pyrotecnico is desirous of providing Sponsor with a fireworks exhibition and display for Sponsor's benefit under such terms and conditions as provided herein , and thereby, the parties agree as follows : 1 . Fireworks Display. Pyrotecnico shall sell , furnish and deliver to Sponsor certain fireworks which Pyrotecnico agrees to exhibit and display on DATE : December 17th , 2011 / Rain Date : ( Please fill in Rain Date ) ( Note : Rain dates not available on July 24, 20_ — If planning a Rain Date during July 4th week, please consult with your Show Producer before submitting ) in accordance with the program set forth and agreed upon at the time of the signing of this Contract, the specifics of which are set forth in the " Fireworks Exhibition and Display Program" attached hereto and incorporated herein by reference thereto ( the " Fireworks Display") . 2 . Payment Schedule , For and in consideration of the Fireworks Display, Sponsor agrees to pay Pyrotecnico the sum of $ 10,000. 00 * * Includes $ 100. 00 permit fee (the "Contract Price") paid as follows : a . 50 % of the Contract Price due upon the signing of this Contract; b . the balance of the Contract Price due within ten ( 10) days of completion of the Fireworks Display . Sponsor agrees to pay interest at the rate of 11/2 % per month on any delinquent balance of the Contract Price until paid in full . Payment shall be made by certified check or otherwise as agreed by Pyrotecnico to Pyrotecnico at P.O . Box 149, New Castle, PA 16103 . Furthermore, in the event Sponsor fails to perform its obligations and responsibilities as set forth herein and it becomes necessary for Pyrotecnico to enforce its rights by hiring an attorney or third party, Sponsor shall be responsible for all fees and costs incurred by Pyrotecnico to collect said sums. 3 . Display Responsibilities . Pyrotecnico and Sponsor will collaborate in the performance of all tasks relating to the Fireworks Display. These tasks include, but are not limited to, ( i) procuring and furnishing a place suitable for the Fireworks Display ( the " Display Site"), ( ii ) applying for, obtaining and securing all permits, licenses and approvals required by all applicable local, state and federal laws and regulations as well as those required by any local police and fire departments for the Fireworks Display (collectively, the " Required Approvals") Sponsor is responsible for the payment of all governmental fees and expenses imposed or applied to this exhibition, (iii ) providing adequate private and/or public security, police and fire protection, ( iv) securing an acceptable location with private and/or public security personnel to park the Pyrotecnico fireworks truck(s) overnight (or for such longer or shorter period as Pyrotecnico may reasonably require in order to effectively provide the Fireworks Display) , (v) securing adequate protection to preclude all individuals, other than those authorized by Pyrotecnico, from entering the security area designated by Pyrotecnico, ( vi ) removing and keeping unauthorized persons, as well as, personal or real property of any kind, including , without limitation , motor vehicles, outside of the area designated by Pyrotecnico as the Display Site, fallout area or safe zone . Pyrotecnico and Sponsor shall fulfil their responsibilities as set forth herein in accordance with all local, state and federal rules, laws, orders and regulations, including those of the National Fire Protection Association ( NFPA) . 4 . Crediting . Sponsor agrees to credit Pyrotecnico as " Fireworks by Pyrotecnico" in all advertising/marketing materials that are within the Sponsors authority . S . Indemnification and Limitation of Liability. Sponsor shall indemnify, defend and hold Pyrotecnico and its shareholders, directors, officers, employees, agents, representatives and insurers harmless from any and all demands, claims, causes of action, judgments or liability ( including, without limitation, the costs of suit and reasonable costs of experts and attorneys) arising from damage to or destruction of property ( including , without limitation, real and personal ) or bodily or personal injuries (including, without limitation , death ), whether arising from tort, contact or otherwise, that occur directly or indirectly from (a ) the gross negligence or wilful misconduct of Sponsor or its employees, agents, contractors or representatives, or ( b) the failure of Sponsor to comply with its obligations and responsibilities as set forth herein . Pyrotecnico shall indemnify, defend and hold Sponsor harmless from any and all demands, claims, causes of action, judgments or liability ( including, without limitation, the costs of suit and reasonable costs of experts and attorneys) arising from damage to or destruction of property ( including , without limitation, real and personal ) or bodily or personal injuries ( including, without limitation , death ), whether arising from tort, contact or otherwise, that occur directly or indirectly from the gross negligence or wilful misconduct of Pyrotecnico or its employees, agents, contractors or representatives. Sponsor shall not under any circumstances be entitled to recover any consequential, incidental, exemplary, special and/or punitive damages from Pvrotecnico .includina without limitationloss of income business or profits Fireworks Display Contract (V2 09/ 2011 ) 1 of 2 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