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<br />6.1C
<br />ATTACHME~ 21
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<br />PYRO SPECTACULARS, INC.
<br />Display Agreement
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<br />1) THIS AGREEMENT, enlered inlu this /'<T' day of ;'\'':::.: 20Ql., by and between PYRO SPECfACULARS, INC., a
<br />California corporation hereinaller referred to as "PYRO~ and
<br />Penin~ula CelehratiolI Assoc.iatioll hereinafter referred \'0 as "PURCHASER.
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<br />2} PYRO agrees to furnish PURCHASER, in accordance with the tenns lInd condition.~ hereinafter sc:t forth, --L fireworks display
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<br />as per Program -A... , submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take
<br />charge of and, along with sufficient helpers, safely discharge the display.
<br />The said display is scheduled to be perfonllcd on July 4 ,2~ al
<br />Barge on Redwood Creek; San Francisco, CA
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<br />3) PURCHASER, at its own e;{pense, agrees to provide to PYRO:
<br />A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing Ilnd fallout zone reasonably acceptable to
<br />PYRO in which the fireworks and firework debris may be e;{hibited, rise and fall safely. B) Adequate policing, guard protection,
<br />roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property
<br />not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees
<br />as required by state and local statutes, ordInances or regulations. D) Access by PYRO, at alltimcs, to the DISPLAY SITE to set
<br />up the display. If PURCHASER fails to fully comply with requirements A, B, C andlor D set forth above, PYRO shall have no
<br />obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional eli.pensclI incurred
<br />because of said failure. If, in its sole discretion, PlJRCHASER designate.s an area for members of the public to view the Display
<br />("Spec.at.or Area") andlor an area tor vehicular parking ("Parking Area"), tbe PURCHASER shall: E) Ensure that the Spectator Area
<br />does not infringe on Ihe Display Area; F) Have sole rCl>l)onsibility for ensuring that the terrain of the Spectator Area and any structures
<br />thereon, including, but not limited to grandstand~ and bleachers are saie for use by spectators; G) have sole responsibilily for ensuring
<br />that the Parking Area is safe for use; H) Have sole responsibility t.o police, monitor and appropriately contra! spectator access to the
<br />Spectator Area and Ihe Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is
<br />expressly agreed that PYRO, (including it~ operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of
<br />the site otber than the Display Are-<l, exc<~pllO ensure; [) That any Spectator or Parking Areas are outside the Display Area; and J}
<br />After completion of the Display, that the Display Area is cleared of any liw firework debris originating from the program.
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<br />4) PURCHASER shall pay to PYRO tIte sum of Dollars
<br />($ J ). A deposit of$ and fire department fees approximated at S 742.00 must be paid by
<br />AlIrll4. 2008. Full final payment is due the fltst regular business day after the date set fOI' the display. A finance charge at a
<br />periodic rate of 1.5% per month, 18% ulIDual percentage rate, or the maximum rate permitted by law, whichever is less, will be
<br />charged on the wlpaid balance alter tell days from the date of the display. PURCHASER, by signing this agreement, aulhori7.eS PYRO
<br />to receive and verify financial information conceming PURCHASER Irom any persoll or entity.
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<br />5) pi JRCHASER agree:; to asswue dle risk of weather, or uther causes beyond PYRO's control, which may prevent the display from
<br />being salely discharged OD the scheduled date, which may cause the cancellation of any event tor which PURCHASER has purcbased
<br />the display, or which m..1Y aRect or damage stich portion of the C;{hibits as llluSt be placed and exposed a necessary time betore the
<br />display. It shall be within PYRO's sole discretion to detennine whether or llot the display may be safely discharged on the scheduled
<br />date and at tbe scheduled trnle. If, for any reason beyond PYRO's control, inclllding, without limitation. inclement weather, PYRO is
<br />unable to safely discharge the display on the scheduled date or shouW any event for whkh PURCHASER has purchased rhe display be
<br />cancelled, the parties shall attempt to ncgotiat<:> a new disphlY dMe, which shall be within 60 days of the origillal display date.
<br />PURCHASER further agrees to pay PYRO for allY additional expenses made necessary by this postponement. {fthey are unable to
<br />agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
<br />display on lhe date set for the display, as provided in the following paragraph.
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<br />6} PURCHASER shall have the option to unilaterally cancellhis display prior to the date of the display. [(PURCHASER exetcise.~
<br />this option, PURCHASER agrees to pay 10 PYRO, as liquidated damages, the following perccntage~ oftlte agreed contract price. I)
<br />25% if cancellation tbree (3) or Blore days prior to tile scheduled dlry of lite display. 2} 50% if cancellation occurs within two (2} days
<br />of the actual date sel for the display, 3) 75% if callccilatioll occurs on Iht~ dale set for the display but pri.or 10 the time physical s.::.l-up
<br />of the display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set fur the display, I'URCHAS ER agrees (0
<br />pay PYRO in addition to the abov~. percenl,lges, the value associated with any specific custom work performed by PYRO or its ag<:.nts
<br />including but notlimiled to music/narration tape production andlor sponsors logoo.
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<br />(continu.ed on reverse}
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