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6. EXHIt31TION PLANNER CHECKLIST: It fs understood and agreed by the parties hereto that the Fireworks Display shall 6e
<br />contingent upon the strict compliance by SPONSOR with all kerns speclfied on the Exhibition Planner Checklist (EPC) which Is
<br />annexed hereto and made a part hereof. Fallure•on the pert of SPONSOR to comply with all requlremenls set forth In the FCC to the
<br />seflefacllon of PEI within the lime limits therein set forth shall be deemed to be an event of default of SPONSOR'S obligations
<br />hereunder.
<br />6. SECURITY /SAFETY: SPONSOR shall proNda and maintain auflicient Security before, during and after the Fireworks Dlsptay unlU
<br />the pyrotechniclen In charge declares the area clear. Security shall be deemed to Include, but not limited to, be all security Ilnes, police
<br />protection, snow fenclng, rope lines, barricades or any other item deemed necessary by the local government or by PEI. SPONSOR
<br />shat) also provide and maintain an area dear of any bulldinga cars end spectators with a minimum radius as specified by current edition
<br />of NFPA Code 1123, es a Flre Safety Zone (FSZ) during the entire period commencing from the time the fireworks are detivered to the
<br />site until the area Is declared clear by the pyrotachnlclan. It Is understood and agreed that PEI will cease all /fireworks tllscharge due to
<br />any security breach of the FSZ. PEI shall not be responsible for personal Injury, vetUde or property damage occurring within the FSZ
<br />as a result o/ the 3PONSOR'a failure to maintain the FSZ in accordance with the standards of currant adkion of NFPA 1123 which,
<br />Incktenlaliy, are only minimum standards of distances. SPONSOR acknowledges and agrees that PEI's responslbllities are limited to
<br />the Fireworks Display and that PEI is relying on SPONSOR to malnlaln the aforementioned FSZ and to comply with alt Federal, State,
<br />municipal and local laws, orders, regulations and ordtnanees pertaining to the Implementation of any and ell security measures at iha
<br />ells of the Fireworks Display. Any aita visits made during iha display setup by or on behalf of SPONSOR shall be in accordance with iha
<br />current edition of NFPA i 123- and under the direct supervision of Iha PEI technician In charge_ Any such inspaclton shall not in any
<br />way Interfere with the safety, setup or schedule o/ the preparation for and dlaessembly after the Fireworks Display. Tha PEI technician
<br />in charge may, at his discretion, cancel any Inspection that to his sole opinion may compromlae the safely of iha setup or iha Fireworks
<br />Display or the setup schedule. The PEI technidan may al any time temporarily discontinue the discharge of fireworks for any reason.
<br />7. CREDITS: As a material inducement to PEI agreeing to enter into Ihls Agreement, SPONSOR shall glue PEI program credit as sole
<br />Hreworks suppUer end producer fn all press releases, advertising, and any other program announcemenla, printed or otherwise.
<br />8. /NA8lLfTY to DELIVER or CONDUCT FIREWORKS D /SPLAY /FORCE MAJEURE. PEI shall not incur any IIebFlity for any Cosa or
<br />for any failure to perform any obligallon hereunder due to causes beyond Its reasonable control including without limitation legal or
<br />regulatory reslrlctions, tabor disputes of whatever nature, power loss, lelecommunlcatlons failure, acts of OOd, or any other cause
<br />beyond its reasonable control. In the event PEI is unable to deliver the Ffreworka Display on the Detivary Data Ihla contract will remain
<br />in full force and effect and the Fireworks DFaplay will be performed on the Alternate Data or if no Alternate Date Is stated then on such
<br />other date es may ba agreed upon by iha parties.
<br />9. CONTRACT SUBJECT TO GOVERNMENT REGULATION: This Agreement and PEI•a obUgations hereunder ere subject to ell
<br />applicable Federal, States, Municipal and local ►aws, rules, ordinances, regulations antl codes, now or heroinafter in affect, end to the
<br />condillons end Ilmllalfons conlalned In iha permits required to ba obtained by SPONSOR prior to the Fireworks Dtaplay. In the event
<br />any Federal, Slate, munidpal or local law, rule, regulation or ordinance shall be enacted which in any way prohibits, Umtts or restricts
<br />iha sale, performance or operetlon of iha exhibition of the Fireworks Display or In the event SPONSOR'S permit In any way flmHs or
<br />restricts the sale, performance or operetlon of said exhibition, PEI shell Ilmlt or restrict Its performance or the Fireworks Display so as to
<br />comply with such law, rule, regulation or ordinance or tlmilatlon or restriction of SPONSOR'S permit. SPONSOR acknowledges that any
<br />such limit or restriction placed on the performance or operetlon of the Flreworka Display shall in noway result in or entitle SPONSOR to
<br />e reduction or abatement in the full contred price.
<br />10. GENERAL PROVISIONS:
<br />a) Thfe agreement constitutes the entire agreement between Iha parties relating to the subject matter hereof, and may not be
<br />changed, modified, renewed or extended except by a written agreement, signed by both parties. SPONSOR acknowledges
<br />and agrees that PEI has not made any representations or warranties except those speclflcaliy sal forth In this contract.
<br />Should any clause, section, or part of this agreement be held or declared to be void or illegal for any reason, all other clauses, sections,
<br />or parts of this agreement which can be affected without such illegal clause, section, or part shall nevertheless continue In full force and
<br />effect.
<br />b) SPONSOR Is responsible for removal of paper delxis essocleted with iha Fireworks Dlapiay.
<br />c) PEI Is not responsible for procuring any marine eervlces associated with the production of SPONSOR'S event, Should
<br />SPONSOR require these services, PEt may, upon written request, assist SPONSOR in iha bcalton and eonlracting of such
<br />services. All additional costs and fees associated with marine aervlces are the responslbUity of the SPONSOR. It is
<br />specifically understood and agreed Heat PEI shall not be reaponeibla In any way If any third party service w(ih which
<br />SPONSOR has eonlracted for service faits to perform and the display cannot proceed es planned.
<br />d) SPONSOR le responsible [or any addllionel marine costa and fees, city permlVescort fees, County /SlateJPD /FD /FM fees,
<br />local town permit tees, etc.
<br />a) In the event SPONSOR cancels Use Fireworks Display the full contract price as set forth herein shell become knmedlately due
<br />and payable. SPONSOR w1U have up to 30 days !rom the date of cancellation to request PEI to reschedule the Flreworke
<br />Display. Fireworks Display shalt take place no later than six months from originally scheduled Fireworks Display
<br />Please hWel each pagp� )
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