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5. EXHIBITION PLANNER CHECKLIST: It is understood and agreed by the parties hereto that the Fireworks Display shall be
<br />contingent upon the strict compliance by SPONSOR with all items specified on the Exhibition Planner Checklist (EPC) which is
<br />annexed hereto and made a part hereof. Failure on the part of SPONSOR to comply with all requirements set forth in the EPC to the
<br />satisfaction of PEI within the time 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 provide and maintain sufficient Security before, during and after the Fireworks Display until
<br />the pyrotechnician In charge declares the area clear. Security shall be deemed to Include, but not limited to, be all security lines, police
<br />protection, snow fencing, rope lines, barricades or any other item deemed necessary by the local government or by PEI. SPONSOR
<br />shall also provide and maintain an area clear of any buildings cars and spectators with a minimum radius as specified by current edition
<br />of NFPA Code 1123, as a Fire Safety Zone (FSZ) during the entire period commencing from the time the fireworks are delivered to the
<br />site until the area is declared clear by the pyrotechnician. It is understood and agreed that PEI will cease all fireworks discharge due to
<br />any security breach of the FSZ. PEI shall not be responsible for personal injury, vehicle or property damage occurring within the FSZ
<br />as a result of the SPONSOR's failure to maintain the FSZ In accordance with the standards of current edition of NFPA 1123 which,
<br />incidentally, are only minimum standards of distances. SPONSOR acknowledges and agrees that PEI's responsibilities are limited to
<br />the Fireworks Display and that PEI is relying on SPONSOR to maintain the aforementioned FSZ and to comply with all Federal, State,
<br />municipal and local laws, orders, regulations and ordinances pertaining to the implementation of any and all security measures at the
<br />site of the Fireworks Display. Any site visits made during the display setup by or on behalf of SPONSOR shall be in accordance with the
<br />current edition of NFPA 1123- and under the direct supervision of the PEI technician in charge. Any such inspection shall not in any
<br />way interfere with the safety, setup or schedule of the preparation for and disassembly after the Fireworks Display. The PEI technician
<br />in charge may, at his discretion, cancel any inspection that In his sole opinion may compromise the safety of the setup or the Fireworks
<br />Display or the setup schedule. The PEI technician may at any time temporarily discontinue the discharge of fireworks for any reason.
<br />7. CREDITS: As a material inducement to PEI agreeing to enter Into this Agreement, SPONSOR shall give PEI program credit as sole
<br />fireworks supplier and producer in all press releases, advertising, and any other program announcements, printed or otherwise.
<br />8. INABILITY to DELIVER or CONDUCT FIREWORKS DISPLAY /FORCE MAJEURE. PEI shall not incur any liability for any loss or
<br />for any failure to perform any obligation hereunder due to causes beyond its reasonable control including without limitation legal or
<br />regulatory restrictions, labor disputes of whatever nature, power loss, telecommunications failure, acts of God, or any other cause
<br />beyond its reasonable control. In the event PEI is unable to deliver the Fireworks Display on the Delivery Date this contract will remain
<br />in full force and effect and the Fireworks Display will be performed on the Alternate Date or if no Alternate Date is stated then on such
<br />other date as may be agreed upon by the parties.
<br />9. CONTRACT SUBJECT TO GOVERNMENT REGULATION. This Agreement and PEI's obligations hereunder are subject to all
<br />applicable Federal, State, Municipal and local laws, rules, ordinances, regulations and codes, now or hereinafter in effect, and to the
<br />conditions and limitations contained in the permits required to be obtained by SPONSOR prior to the Fireworks Display. In the event
<br />any Federal, State, municipal or local law, rule, regulation or ordinance shall be enacted which in any way prohibits, limits or restricts
<br />the sale, performance or operation of the exhibition of the Fireworks Display or in the event SPONSOR'S permit in any way limits or
<br />restricts the sale, performance or operation of said exhibition, PEI shall limit or restrict its performance or the Fireworks Display so as to
<br />comply with such law, rule, regulation or ordinance or limitation or restriction of SPONSOR'S permit. SPONSOR acknowledges that any
<br />such limit or restriction placed on the performance or operation of the Fireworks Display shall in no way result in or entitle SPONSOR to
<br />a reduction or abatement in the full contract price.
<br />10. GENERAL PROVISIONS:
<br />a) This agreement constitutes the entire agreement between the 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 specifically set 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 effected 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 debris associated with the Fireworks Display.
<br />c) PEI is not responsible for procuring any marine services associated with the production of SPONSOR'S event. Should
<br />SPONSOR require these services, PEI may, upon written request, assist SPONSOR in the location and contracting of such
<br />services. All additional costs and fees associated with marine services are the responsibility of the SPONSOR. It is
<br />specifically understood and agreed that PEI shall not be responsible in any way if any third party service with which
<br />SPONSOR has contracted for service fails to perform and the display cannot proceed as planned.
<br />d) SPONSOR is responsible for any additional marine costs and fees, city permit /escort fees, County /State /PD /FD /FM fees,
<br />local town permit fees, etc.
<br />e) In the event SPONSOR cancels the Fireworks Display the full contract price as set forth herein shall become immediately due
<br />and payable. SPONSOR will have up to 30 days from the date of cancellation to request PEI to reschedule the Fireworks
<br />Display. Fireworks Display shall take place no later than six months from originally scheduled Fireworks Display
<br />D PEI agrees, prior to the provision of services to provide to SPONSOR evidence of insurance in the following amounts:
<br />Please Initial each page. �,t
<br />Initial here: ' "
<br />Sponsor PEI
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