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<br />PYRO SPECTACULA~iS, I:NC.
<br />DEsg~ay Agreement
<br />l•) TfilS ACrREEMENT, enured into tliis~~lay of ~ 20!)'~ by and betweeti`PYRO.SPBCTACULAIiS; iNC., a
<br />.California i:oRporation tteieinaflcx referred to.as "PYRO" and
<br />Feefn~enla Cttiebration Aesocisition hereinfter refe;ied'to as "PiTRCNASBit.
<br />?) PYRO agrees 4o furnish PURCHASER, is accordance with the terms and ir,onditiorts hereinafter sec forth, _t Ureworks display
<br />as.perProgram ~~ ,submitted, accepted and made part hereof, including tlae:serviccs of a' licensed pyrotcchhic operator to take
<br />,,::;.charge of and, along wilt suffxieat helpers, safdY discharge the display. :: ,
<br />The said display is scheduled to be pcrfornud on ,1uIV 4 , 2QQ7 _ at
<br />_~r>we on Redw{?pd ('-re!wk Can Frssni;ic„+R, CA
<br />3} PURCHASER; at its own expense, agrees to provide to PYRO:
<br />A) A saitable DISPLAY SITE is which to stage ttie fireworks display, including a fuing artd fallauf zone reasonably acceptable to
<br />PYRO in which the fireworks and futwok debris may be extdbited, rise and fall safely. B) Adequate policing, guard protexdan,
<br />mping, fencing and/or other crowd control measures to prevent the access of the public or its property or nay other people or property
<br />not antharizod 1?Y PYRO into dte DISPLAY SITE. C) Tltt aervIces and 'cost o[ standby firemen aadlor nay applicable permit fees
<br />as required by state a»d be:ai statntex, ordinances or regtilatlans. D) Access by PYRO, at all times, to the DISPLAY SI'i'E to sef
<br />up the display. If PURCHASER fails to hilly comply with rtgttircuieats A, B, C and/or D set forth above, PYRD shall have no
<br />obligation to perfomt and PURCHASER agrees ~ pay to PYitO the entire contract price plus any additiomt expenses incurred
<br />because of said faihue. if, in its sole discretion, PURCHASER designates an area for members of the public to view the Display
<br />{"Spectator Area's and/or an area for vehicular parking ("Patkiitg Area"), the PURCHASER shall: E) Ensure that tfx Spectaor ,Area
<br />does sot .ittfxiage on the Display Area; F~ Have sole retsponsibility for ensuring that the terrain of the Spectator Atea and any structures
<br />tbef¢on, including, but not limited to grandstands and bleachers are safe far less by spectators; G) have sole responsibility for ensuring
<br />that the Parking Area is safe for use; H}Have sore responsibility to police, taonitor and appropriately contort spectator access to flu
<br />Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in tbesa auras, it is
<br />expressly agreed that PYRO, (including its operators. and helpers) shall not inspect, police, monitor or otherwise supervise any area of
<br />`. the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outride the Display.Area; anti n :.
<br />After wtnpletioa of the DislrlayA that dte Display Area is cleated of any live firework debris originating from dte program. , .
<br />4} PURCHASER s1raU pay to PYRO the sum of THUUSAND Ddllais'
<br />(S }. A deposit of S at and Lire department fees appro=imatea at S 74Z.ao trust be paid by
<br />.Pull final payment is due the fgrst regular business day after the date set for the display. A finance charge at_ a
<br />periodic rate of I.5'/. per month, 18°!o annual percentage raft, or ttu maximum sate permitted by law, whichever is less, wilt be
<br />charged on rite unpaid balance after ten days. from the date of the display. PURCHASER, by signing this agreeaxot, authorizes PYltO
<br />to receive and verify financial information cottce:tning PURCHASER from any petsoa or entity.
<br />5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prtve:nt the display from
<br />being safely discharged on the scheduled daft, which may cause the cancellation of any event for which PURCHASER has purchased
<br />the display, or which may affect or damages such portiaa of the exhsbity as rratst be placed and exposed a necessary time before the . "
<br />display. It shalt be within PYRO's sole discretion to determate whedter or not the display maybe safely discttacged on the scheduled
<br />date and at the scheduled time. If, for arty reason beyond PYRO's watrol, including, without tirnitation, iticlerttatt weather, PYRO: is
<br />- unable Eo safely discharge the display oa the scheduled date ~ should any event for which PURCHASER has purchased the display be.',
<br />.cancelled, the parties shall attempt to negotiate a new display date, which shall be within GO days of the original display date.
<br />PURCHASER further agtexs to pay PYRO for any additional expenses trade necessary by this postpouesnettt. !f they arc unable to
<br />agree on a new display date, PYRO shall be entitled to liquidated damages floor PURCHASER as if PURCHASER had cancelled the
<br />display.on tlu date set for the display, as provided in the following Paragraph.
<br />b) PURCHASER shat] haves the option to unilaterally cancel this display prior to flu data o f the' display. If PURCHASER ertercises
<br />this option, PURCHASER agrees to pay to PYRO, as liquidated daa-ages, dte fouoWing percentages of the agreed contract puce. 1)
<br />25% if cancellation dues {3) or more days prior to the scheduled day of the display, Z) 50% if caacellntion occurs within two (2) days,
<br />of the actual date set for the display, 3} 7S% if cancellation occurs on the date sect for the; display but. prioi:to the time physical set-up:. .
<br />of thc.dispiay actually. btgins, a) l0a%. thereafter. If cancellation occursptior to the date=set for the display, pURCHASER.:agtees to
<br />pay P'i'>ZO in aeidition to the above percentages, thcvahte. associated with any specific custptp walk perfoiited by PYRO orits agents
<br />including but not limited to mnsiclnaastion tape productioxt and/or sponsors logos.
<br />' (t~iitinued `en reverse)
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