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RES Specialty Pyrotechnics <br />MAGIC IN THE AIR <br />DISPLAY CONTRACT AGREEMENT <br />THIS AGREEMENT, made and entered into on this 17th day of June, 2012 between RES Specialty <br />Pyrotechnics, Inc. hereafter referred to as the SELLER and City of Little Canada, hereafter referred to <br />as the BUYER. <br />IT 1S MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: <br />Service Provided <br />Date(s) <br />Time <br />Duration <br />Location <br />Event Sponsor <br />OBLIGATIONS OF SELLER: <br />Outdoor Fireworks Display <br />Saturday, August 4, 2012 <br />10:00 PM (approximately) <br />14 -18 minutes (depending on intensity) <br />Spooner Park; Little Canada, MN <br />City of Little Canada <br />SELLER shall provide all materials, equipment and personnel necessary to perform the above - mentioned <br />display. <br />SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2010 <br />edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2006 edition. <br />SELLER shall provide show liability insurance in the amount of $5,000,000.00 to cover the fireworks <br />display and cleanup. <br />SELLER shall include the BUYER, as co- insured on Certificate of Insurance. <br />OBLIGATIONS OF BUYER: <br />BUYER shall provide a suitable location for firing of the fireworks display. <br />BUYER shall provide and cover all costs for security, safety and cleanup at the display site. <br />TERMS AND CONDITIONS: <br />The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude <br />upon the completion of the display. This agreement shall run no longer than one (1) calendar year. <br />However, if before the date of the scheduled performance, the BUYER has not performed fully its <br />obligations under the terms of this agreement or that the financial credit of the BUYER has been <br />impaired, the SELLER may cancel this agreement at any time. <br />In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the <br />option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the <br />SELLER for any damages, compensation or costs incurred including but not limited to attorney and court <br />fees in addition to the compensation herein. <br />The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the <br />SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually <br />agreeable date. <br />21595 286th Street A Belle Plaine, MN 56011 m Phone: 952.8733113 n Fax: 952.873.2859 <br />1 <br />