Agmt17 Pyro Spectaculars North, Inc.

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all times before and during execution of the Services, it shall be within Consultant's sole discretion to determine whether or not the Services may be safely discharged or continued. It shall not constitute a breach of this Agreement by Consultant for Consultant to determine that the Services cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of Consultant. 16. Force Maieure. City agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of Consultant which may prevent the Services from being safely discharged on the scheduled date, which may cause the cancellation of any event for which City has purchased the Services, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Services. If, for any such reason, Consultant is not reasonably able to safely discharge the Services on the scheduled date, or at the scheduled time, or should any event for which City has purchased the Services be canceled as a result of such causes, City may (i) reschedule the Services and pay Consultant such sums as provided in Section 19, or (ii) cancel the Services and pay Consultant such sums as provided in Section 18, based upon when the Services is canceled. 17. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 18. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. In the event of Consultant's failure to prosecute, deliver or perform the Services, no payment shall be due to Consultant. City shall have the option to unilaterally cancel the Services prior to the scheduled date. If City exercises this option, City agrees to pay to Consultant, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 5, Compensation: 1) 25% of the balance owed after City's payment of twenty nine thousand dollars ($29,000.00) upon City's execution of this agreement if cancellation occurs 30 to 90 days prior to the scheduled date for performance of the Services, 2) 50% of the balance owed after City's payment of twenty nine thousand dollars ($29,000.00) upon City's execution of this agreement if cancellation occurs 15 to 29 days prior to the scheduled date for performance of the Services, 3) 100% of the balance owed after City's payment of twenty nine thousand dollars ($29,000.00) upon City's execution of this agreement thereafter. 19. Rescheduling of Event. If City elects to reschedule the Services, Consultant shall be paid the original fee as set forth in Section 5, plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. ATTY/AGR/2017.129/PYRO SPECTACULARS NORTH INC. REV: 06-02-17 RL Page 6 of 9