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<br />6.1C
<br />Page 22
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<br />PYRO SPEer ACULARS, INC.
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<br />Display Agreement
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<br />7) In the event PURCHASER cancels the display, it will be impractical or extremely difticult to fix the actual aIDOUn! of PYRO' s
<br />damages. The tCJregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display.
<br />
<br />8) PYRO reserves the ownership rights and trade names that are used ill or arc a product of the pyrot.:chnic display to be performed
<br />herein. Any reproduction by sound. vid.:o or other duplil'3tion or recording process without the express written permission ofPYRO is
<br />proltibired.
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<br />9) PYRO agrees to fumisll insurance coverage in connection with the Display Q!1)y, f(.lr the tbllowing risks and amounts: bodily injury
<br />and property damage, including products liability THREE MILUON DOLLARS ($3,000,000) combined single limits. Such insurance
<br />shall include PURCHASER as an additillnal insured regarding claims made agaitlst PURCHASER tor bodily injury or property damage
<br />arising from the operations of PYRO ill perfonning the Display provided for in this Agreement. Such insurance afforded by PYRO shall
<br />not include claims made against PURCHASER for bodily injury or property damage arising from A) failure of PURCHASER, including
<br />through or by its employ~es, agents and/or il1dependent contractors, to perform its obligatiolls under this agreement. including, widlOut
<br />limitation, those contained in Paragraph 3 of rhis Agreemellt; B) hlilure of the. PURCHASER to provide discretionary Spectator and
<br />Parking Are-.as referred to ill Paragraph J ofrhis Agreement. PURCHASER shall indemnifY and hold PYRO harmless from all claims
<br />and suils made against PYRO tor bodily injury or property damage arising from A) and B) of this Paragraph.
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<br />10) If any legal action is brought to enforce or interpret the terms or provisious of this Agreement, the prevailing party shall be entitled
<br />to reasonable altornq fees and costs in addition to any other relief to which they may be entitled.
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<br />11) In the event PYRO breaches this agreement, or is otherwi:;e negligent in performing the fireworks display provided for herein,
<br />PURCHASER shall, under no circumstances, be entitled 10 recover monetary damages from PYRO beyond the amount PURCHASER
<br />agr<:ed to pay PYRO under this Agreemmlt. PURCHASER shall not, under any circumstances, be entitled to recov~ any consequential
<br />damages from PYRO including, without limitation, tor loss of income, business or profits. Nothing in this paragraph shall be construed
<br />as a modification or limitation on the insurance coverages afforded 10 Paragraph 9 above.
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<br />12) It is agreed, nothing in this Agreement or in PYRO's perfOlmance of the display provided for herein, shall he construed as fomling a
<br />partnership or joint venture berween PURCHASER and I'YRO. lbe parties hereto shall be severalty responSible for their own separate
<br />debts and obligations and neither pm1y shall be held responsible for any agreenlents or obligations not expressly provided for herein.
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<br />13) This Agreement shall be govcmed and interpreted under the laws of the State of California. It is lunher agreed that the courts oJ'the
<br />State of California shall have exclusivejurisdictiol\ to adjudicate any disputes arising out of this contract or performance of the display
<br />provided for herein. It is further agre(~d that the CelltralIudicial District of San Bernardino COUllty, Calitomia, shall be proper venue for
<br />any such action.
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<br />14) Any Notice to rhe. parties permitted or required under this Agreement may be given by mailing such Notice in the United States
<br />Mail, postage prepaid, first class, addressed as follows: PYRO - Pym Spectaculars, Inc., P. O. Box 2329, Rialto, California 92377.
<br />PURCHASER. Peninsula Celebration Associallou:463 Brewster Street, Ullit #4, Redwood City, CA9406J -July 4, 008 . Program "A"
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<br />15) Alllcnns of this Agreement lire in writing and may only be modi tied by written agreement of both parties hereto. Both Ilarties
<br />acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
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<br />] 6) If there is more than (me PURCHASER. they shall be jointly and severally responsible to perform PURCHASER's obligations
<br />under this agreement. 'Ibis Agreement shall become etlcctive after it [s executed and accepted by PURCHASER and after it is executed
<br />by PYRO at PYRO's offices in Rialtc, California. This Agreement may be executed in several counter parts, including faxed copies,
<br />each one of which shall be deemed all original against the party executing same. This Agreement shall be binding upon the parties
<br />hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recogniz.es that because of the nature of
<br />fireworks, an industry accepted level of J% of dIe product used in any display lUay not function as designed and this level of
<br />nonperformance is accepl<1ble as full perfonnancc.
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<br />~~.~Wi~~ ~~ereof the~parties ~ereto, by and through fheir duly authorized agents, have set their hands and seals thL~ ~ day
<br />
<br />. J I~ /jM ' X Initial Here
<br />ft,~, / , Title PRESlDENT .. Purchaser is responsible for payment of
<br />. I " JAMES Il SOUZA ." d..._" ",m"'" "'"'dby ""
<br />f / PYRO SPj:CTACULARS, INC. If applicable.
<br />0/ · Purchaser to provide firing site,
<br />communicatlon, and security.
<br />.. Price firm through December 28, 2007,
<br />.. Price includes full electronic firing.
<br />Show Prodtw",,:J.ffThon\A'
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<br />PURCHASER
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