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>) PEI agrees to procure liability insurance on behalf of SPONSOR, and to Indemnify SPONSOR, to the extent thereof, for ail
<br />Calms adsfng out of PEI's negligence. Any additional insurance that Is required that incurs a cost, will be the SPONSOR'S
<br />responslbliity.
<br />1 �. SPONSOR S DEFAULT: in the event SPONSOR shall fail to pay any sum when due under the terms of this contract, SPONSOR
<br />shall pay, In addition to such amount, interest al the rate of 1.5% per month on the unpaid amount from the original due date.
<br />SPONSOR does illrtFter agree that ft shall pay PEI reasonable attorney fees and other coats In the event PEI shall commence any
<br />proceeding (Arbitration or any other proceeding) or incur fees to compel SPONSOR to pay any sums due hereunder or othenviae as a
<br />result of SPONSOR'S default of any of the terms and provisions herein coMalned.
<br />12. L/OUIDATED DAMAGES: It is agreed by end between the parties hereto that in the event of SPONSOR'S default hereunder PEI shall ba
<br />anlUed to receive the entire contract price and same shall ba oonaidered 9tquldabed damages" based upon an understand[ng between the
<br />partles hereto that PEI wilt have sutfared damages due to Sponsors defauR. The damages auSered by PEI es a result o/ Sponsors default will
<br />be eubstantlal, tart Incapable Of detennlnatlon with mathematical preclston. It is. therefore, agreed by the parties that the amount due PEI (s not a
<br />penalty, but rather a mutually Ueneticlaf and reasonable estimate of the damages suffered by PEI.
<br />13. SUBSTfTUTIONS: PEI shall have the right, et its discretion, to substitute any flraworks It deems necessary provided same does
<br />not detract from the aesthetic value Or quality of the program. This Includes, but la not limited to, shell sizes, quentitles, types and brand
<br />names. Any substitutions shelf In no way result In or entitle SPONSOR to a reduction or abatement of Iha full contract price.
<br />14. ARBfTRATlON: Any and all disputes, differences, or any other type of controversy arising out of or In relation to Ihls Agreement,
<br />Including as to the meaning or interpretation of any provision hereof, ahaU be resoNad by arbitration In Nassau County, New York,
<br />pursuant to the commercial rules than obtaining of the American Arbitration Assocletlon. Only one (1) arbltrelor shall be required, and
<br />the arbitrator may award attorneys' fees. The award of the arbllretor shall be tinel end bnnding and Judgment may be entered thereon in
<br />any court of wmpelant Judsdiclfon. The arbllralor sitting In such controversy shall have no power to alter or modify any express
<br />provision of this Agreement, nor to make any award which by its terms effects any such alteration or modification. Either party may
<br />seek from the court of competent jurlsdtctton any provisional remedy in aid of arbitration, including, but not limited to. Injunction,
<br />attachment or replevin, pending the determination o(any claim or controversy in erbifretlon. Any and ell disputes, controversies,
<br />acibna, claims, causes of action, or proceedings arising under, out of, or In connection with or relating to the terms of this oontrecl, and
<br />any amendment thereof, commenced by, between or against any of the parties of this contract shall be deemed to have arisen from a
<br />transaction of business In New York, and shall be resolved by application of the substantive laws of the State of New York.
<br />1 S. B/NO/NO EFFECT: This contrect shall not be binding on PEI until executed by SPONSOR and PEI end PEI is in receipt of the
<br />downpayment raqulretl hereunder.
<br />f6. EXN/BIT/ON PLANNER CHECKLIST (EPCJ:
<br />a. FIREWORKS DISPLAY PERMIT: (Note: Tha actual start and atop time of the display will be determined by the
<br />governmental authorities having Jurisdtctton over the dleplay).
<br />SPONSOR'S RESPONSIBILITY: It is Sponsors responalblllty to call your Stale, City, County, Town, Borough, or Village Flra
<br />Marshal or other appropriate authority to file for and obtain the Fireworks Display pemtft. PEI will prepare the paperwork for the
<br />permit application on SPONOR'S behalf. Uoon recelot of vour oermit. you must send the Hermit to our off[ca for our
<br />records no later than 30 dava arlor to vour distafav date. Failure to do so could seriously ieoaardfze vour d /salav_ You
<br />must oWetn In /ormation on:
<br />f. Filing application deadline and fees.
<br />2. Local and stela requirements for fireworks license for trenaporlation and/or display. If a license Is required, fax all forms
<br />immediately to us.
<br />3. Fire Marshal's requirements for security of fireworks truck upon arrival, and the security of the Rre zone before and during
<br />the dleplay.
<br />4. Federal regulations require That wa carry an accurate route plan to the display site. Fax us a copy of the route inelnrctions
<br />from Iha nearest US Intorstate to the display area (approved by the fire marshal or other authority, if necessary).
<br />5. NoUty FAA on day of your dleplay, aceording to the instructions in the FAA Lefler of Approval, wh�h will be torwarried to you
<br />prior to your dleplay.
<br />Plrae Inflial each yaps
<br />WWl�eh:
<br />PEI
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