2017-07-12 CC Set Agenda w-Handouts

Home Browse Search

LUM AYAGREEKENT / NVOIC 'r IT IS FURHTER UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Seller agrees to furnish all necessary fireworks display materials, equipment and personnel for the fireworks display in accordance with the program agreed to by the parties. 2. The Buyer shall pay to the Seller, up to the full amount, by sixty (60) days prior to the display to be eligible for a 5% fireworks product bonus of the fireworks portion of the purchase, and thirty (30) days prior for a 3% fireworks product bonus of the fireworks portion of the purchase. Alternatively standard terms are 33% down, with the full amount due and payable the day of the fireworks display. The display is not fired until payment in full is made, or other arrangements confirmed. 3. Should inclement weather prevent the firing of the display on the date mentioned herein, the parties agree to a mutually convenient rain date as mentioned herein. The determination to cancel the fireworks display because of inclement weather or unsafe weather conditions shall rest within the sole discretion of the Seller. Every attempt will be made by the Seller to accommodate the primary fireworks display date. In the event that the Buyer does not wish to continue with the display, or cancels for any reason, the following cancellation schedule of fees is used. If cancelled 60 days or more in advance, 100% of money is refunded, minus any expenses for permits or other direct fees. If cancelled within 30 days or more, then a 20% cancellation fee is assessed. If cancelled within 5 days or more, then a 33% cancellation fee is assessed. If cancellation was within 2 days or greater, then a 50% cancellation fee is assessed, and if cancelled on the day of, or Seller is on site or in transit, a 75% cancellation fee is assessed. 4. Seller agrees to provide public liability and property damage insurance coverage, including spectator coverage in an amount not less than $2,000,000 per occurrence, and providing that the insurer shall not terminate or materially modify such policy without written notice to the Buyer not less than two (2) weeks in advance of such proposed termination or modification. The Buyer will be named as an additional insured on the public liability insurance, if selected on the front of the invoice. In the event of a claim by Buyer, any applicable deductible shall be paid by the Buyer. 5. The Seller agrees to indemnify and hold harmless the Buyer and its agents and employees from and against all claims, costs, judgments, damages and expenses, including reasonable attorney fees that may or shall arise from the performance of fireworks purchased by the Buyer. The Buyer agrees to give the Seller prompt notice of any claims or demands and to cooperate with the Seller or its successors in interest or assigns, if any, in the defense of any such claims andlor demands. 6. The Buyer agrees to hold the Seller harmless and defend Seller from any and all claims brought against the Seller by employees or sponsors of the Buyer for any and all acts of the Buyer relating to the event for which the fireworks is performed. 7. Buyer agrees to work with the Seller to provide the following, where necessary; . Sufficient area for the display, including a minimum spectator setback as determined by Seller. b. Protection of the display area by barricading, roping off, or some similar facility. c. Adequate security or Police protection to prevent non-qualified people from entering the display area. 8. Buyer agrees to comply with all local, state and federal laws and guidelines pertaining to the Sellers duties in performing this fireworks display. 9. It is further understood and agreed that nothing in this Display Agreement shall be construed or interpreted to mean a partnership between the Buyer and Seller. Both parties hereto being responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this Agreement 10. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this Agreement. This document shall be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as above written. Seller Buyer Hollywood Pyrotechnics, Inc. City of Centerville Minnesota By: l Name; Bennie Netzley Name: