Agmt22Pyro Spectaculars North, Inc

Browse Search

REV: 03-18-22 RL 20. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. Force Majeure. 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 much 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 may (i) reschedule the Services and pay Consultant such sums as provided in Section 5, or (ii) cancel the Services and pay Consultant such sums as provided in Section 21, based upon when the Services is canceled. 21. Termination. In the event of the Consultant’s failure to prosecute, deliver, or perform the Services, City may terminate this Agreement or 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 Consultant, as liquidated damages, the following percentages of the Fee set forth in Paragraph 6, Compensation: 1) 25% of the balance owned after City’s initial half payment of Forty-Four Thousand Nine Hundred Seventy-Five ($44,975) 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 Forty-Four Thousand Nine Hundred Seventy-Five ($44,975) 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 Forty-Four Thousand Nine Hundred Seventy-Five ($44,975) upon City’s execution of this agreement if cancellation occurs 14 days or less prior to the scheduled date for performance of the Services. 22. Covenants against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its ATTY/AGR.2022.036/Pyro Spectaculars North, Inc. (2022 4th of July Fireworks Show) (Page 7 of 12)