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MUSK ADDENDUM ADDENDUM to Fireworks Display Agreement dated January 17, 2013 by and between PYRO ENGINEERING, INC. (hereinafter "PEI ") and Cit of Santa Ann (hereinafter "SPONSOR "); event; WHEREAS, PEI and the SPONSOR have heretofore entered into a Fireworks Display Agreement; and WHEREAS, the SPONSOR has requested that PEI provide SPONSOR with a complimentary music CD for the subject NOW, THEREFORE, in consideration of the mutual promises set forth herein it is agreed as follows: i COMPLIMENTARY MUSIC CD: The music CD that will be provided is not for reproduction and SPONSOR Is aware that if the CD is to be played through a sound system such playing may constitute a public performance which may require a licensing arrangement with the American Society of Composers, Authors and Publishers, (ASCAP) or other licensing agency. SPONSOR is solely responsible for obtaining any required license for the playing of the CD provided hereunder. Prior arrangement for licensing maybe made by visiting www,ascap.com and applying on -line. The parties further agree that:: (a) SPONSOR, within a reasonable time prior to the event, will play the CD to ensure that it is compatible with and will work with their system; (b) that PEI will use reasonable efforts to synchronize the fireworks display to the best of its ability; (c) unless otherwise provided in the Fireworks Display Agreement or in this Addendum SPONSOR'S event is not choreographed and is not to be fired by computer and, therefore, PEI does not guarantee that the timing will be completely accurate; (d) PEI assumes no responsibility for any failure Involving the playing of the CD; and (e) SPONSOR must supply two way communications to coordinate the start of the event. 2 ADDENDUM MADE PART OF AGREEMENT: This addendum Is made a part of the Fireworks Display Agreement identified above. 3 ADDENDUM VALIDITY: This addendum shall be of no force or effect unless executed by SPONSOR and returned to PEI within five (5) days after receipt of this addendum by SPONSOR. Please Initial each pe e. Initial here: S/�//A7 � Sponsor 1 'Name of onsor io PRIOR. �1==111111LU //!/k Please Initial each pe e. Initial here: S/�//A7 � Sponsor 1