|
6.1C
<br />Page 22
<br />PYRO SPECTACULARS, rNC.
<br />Display Agreement
<br />7) in the event PURCHASER cancels the digpiay, it will be unpractical or extremely cGfficttlt to fix the actual amount of PYRO's
<br />damages. The foregoing represents a reasonable es[imate of the damages PYRO will suffer if PURCHASER cancels the display..
<br />$) PYRO roserves the ownership rights.and track nart+cs that are used. in or are a product of tlic pyrotechnic display to be performed
<br />herein. Any reproduction by sound, video or other duplication or tecoi ding process without the express writt¢n petmission.:of PYRO:is.
<br />prohibited.
<br />4) PYRO agrees to furnish ittsuranee coverage in connection wiW the Display ortly. for the following risks-and amounts: bodily injury
<br />and property damage, including products liability ONE MILLION DOLLARS (S 1,000,000) combined single limits. Such insurance
<br />shall include PURCHASER as an additional insured reguding claims made against PURCHASER for bodily injury or property damage
<br />'arising from the operations of PYRO in performing dte Display provided for in this Agreement. Such insurance afforded by PYRO shall
<br />- >~ not include claetns made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including'-
<br />: through or by its employees, .agents and/or independent contractors, to perform its obligadons under this agreement; including, witbout
<br />.`limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PtJRCJiASER to provide discretionary~pectatar and
<br />Parking Areas referred to in Paragraph 3 of this Agretrnent. PURCHASER shall indemnify and hold FYRO harmless from all claims
<br />and suits tnadc against PYRO for bodily injury or property damage wising, from A) and B) of this Paragraph.
<br />10) if any legal action is brought to enforce or interpret the tertrts m provisions of this Agretrnrnt, the prevailing parry shall be rntitled
<br />to reasonable attorney fees and costs in addition to any other relief m which they may be entitled.
<br />i i) In the event PYRO breaches this agreement, or is otherwise negligent in performing the fireworks display provided for herein,
<br />PURCHASER shall, under no cittarmstancea, be antitkd to recover tnotietary damages from PYRO beyond the smaunt PURCHASER
<br />agreed to pay PYRO under this Agreement. PURCHASER shall not, wader arty circumstances, be entitled to recover any conscqurnaai
<br />damages from PYRO including, without limitation, for loss of income, business or profits. Nothing iu this paragraph shall be conswed.
<br />as a modification or limitation on the insurance wverages afforded to Paragraph 9 above.
<br />12} It is agreed, nathiag in this Agreement or in PYRp's performance of the display provided for herein, shall be construed as forming a
<br />-: partnership or joint venture between PURCHASER and PYRO. The parties hereto shall ire severally responsible for their own sepuate
<br />debts and obligations and neithe;.party shall be head responsible for any agreements. or obligatioas.aot expressly provided for herein:
<br />13} This Agreement shall be goveme8 and interpreted underthe laws of the State of Califorora::~If is further agreed: tbat;the coyrts of the
<br />State of California shall lxavi: exclusive jurisdiction tp adjudicate any disputes arising nut of this..oontract or petfprrnance of the display
<br />provided for herein. Ii is fufithe; agreed that the Central Judicial ])isII'ict of San Berttudino Cauioity, California, shall be propel vetnte for
<br />any such action. ,
<br />14) Any Notice to the parties pcrntitted or tr~quitrt[ under tots Agreancnt trtay be given by tnairtg such NOtice in the United States
<br />Mail, postage prepaid, fust class, addressed as follows: PYRO - Pyro Spectaculars, [nc., P. O. Box 2329, Rialto, California 92377.
<br />PURCHASER - Peatasula Cttebratfon Associatloa: 463 $rewsttr Street , Usit #4, Redwood Ctri, CA 94063- JaIY 4, 2087 - pfORr'rn "A"
<br />15) All terms of this Agreement sre in writing and mey Daly be modified by writ0en agreement of both parties hereto. Both parties
<br />acIsrtowiedge they have received a copy of said written Agreement and agree to be bound by said terms ofwritten Agreement only.
<br />16) If there is snore than Otte PURCHASER, dtey shall be jointly and severalty responsible to perform PURCIiASER'a obligations
<br />under this agreement. Tbia Agreement shall becotm etfectivc after it is executed and ucepted by PURCHASER and alter it is executed
<br />by PYRO at PYRO's offices in Rialto, California. This Agreement maybe ptecuted in several eotmter ~, including fatted copies,
<br />each one of which shall be deemed an original against the parry executing satffi. ,This Agreement shag be binding upon the parties
<br />hereto and upon their heirs, succcssorS>,cxecuW;s, adtniuristcators and assigns, PIIRCi{ASER recognizes that bxause of the Harare of
<br />fixeworlrs, an industry;accepted level of3% of the.produtt used. in any display may:not.functioa as designed and this level of .
<br />nonperformance is acbcptabie as full:pecfbrmance.
<br />In to ~ • 'Whereof the parties hereto;~y..aad thtoygh thairiiluly authorized agents, have sst:tlxir bat ds and scats thin ._..L;," day
<br />of ~ Ol2~E ~ 1/ltllflt ~~l"8 .
<br />. i~~ ~~• y ~ PRESiUENT • Purchaser is responsible for payment of
<br />' , ?'itle 'tire depaRntent permit and.#tandby fees, : .
<br />JAMES R. SOUZA
<br />j PYIt¢$PECTA(~..ARS, IN if app#fuble. ,
<br />///~ ~'/ /r~J ; /y,., ~,,, + Rurch~et to. provide firiny;sRq,
<br />i- .~~~~..~ , ~'• ~~/~s~~~~:1~ • c4rattiuntcatka, and security
<br />tile:
<br />PURCHAS * Brice ti[rn through Deceinb~ 3'S; 2006:
<br />/t ~L, ' ~ Price includes lull electronic.fidng.
<br />~~'~ /7 . ` ll.S'rSe°,~ Show Produeei: JiftTho
<br />PRiN1' NAME
<br />
|