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ENTERTAINMENT FIREWORKS, INC. P 0 Box 7160, Olympia WA 98507 REVISED DISPLAY AGREEMENT I. This agreement, entered into this l 01h day of April, 2000 bet\veen Entertainment Fireworks, Inc. hereinafter referred to as "EFI". and the City of Moscow, Idaho, herein after referred to as PURCHASER. 2. EFI agrees to furnish PURCHASER, in accordance with terms and conditions hereinafter set forth, 1 fireworks display per PROGRAM A, proposed, accepted and made part hereoC together with the services of a pyrotechnic operator iicensed for the state of the display to be in charge ot: and along with sufficient crew to safely discharge the display. Said display is scheduled to be performed on the 4th day of July, 2000, at Wicks Field, Moscow, Idaho. 3. PURCHASER, at it's own expense, agrees to provide to EFI: A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and a fallout zone acceptable to EFI in which the fireworks and fireworks debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection, roping, fencing, and/or other crowd control measures to prevent the access of the public, or it's propc11y not authorized by EFI into the display site. C) The services and cost of standby firemen and/or applicable permit fees as required by state and local statutes, ordinances or regulations. D) Access by EFI, at all times to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with all requirements of A, B, C, and/or D set fonh above. EFI shall have no obligation to perform and PURCHASER agrees to pay EFI the entire contract price plus any additional expenses incurred because of said failure. If in it's sole discretion, PURCHASER designates an area for members of the public to view the display ("spectator area") and/or area for parking vehicles, ("parking area"), the PURCHASER shall: E) Ensure that the Spectator Area does not inti·inge on the Display Area; F) Have sole responsibility for insuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers are safe tOr use by spectators; G) Have sole responsibility for insuring that the Parking Area is safe for use; H) Have sole responsibility to police. monitor, and appropriately control spectator access to the Spectator Area and Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that EFI, (including it's operators and crew) shall not inspect. police, monitor or supervise any area of the site other then the Display Area, except to insure: I) That any Spectator or Parking Area arc outside the Display Area; and J) After completion of the Display, that the Display Area is cleared of any live fireworks debris originating from the program. 4. PURCHASER shall pay to EFI Eight Thousand Dollars (SS,OOO.OO). A deposit of$2,000.00 must be paid by April20, 2000. Full final payment is due within ten (10) calendar days after the date of the display, A finance charge at a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid balance after 10 days fi·om the date of the display. PURCHASER, by signing this agreement, authorizes EFI to receive and v.:ritY financial information concerning PURCHASER fi'om any person or entity. 5. PURCHASER agrees to assume the risk of weather, or causes beyond the control of EFI which may prevent the display f!r.i^l Deluxe 4-inch Aerial Shells Color Fancy S1 , Deluxe 5-inch Aerial Shells Color Fancy S1 Deluxe 6-inch Aerial Shells Color 70 25 10 5 60 20 10 5 30 10 3 2 5 Page 2 Phone [PHONE REDACTED] *Fax [PHONE REDACTED] * [EMAIL REDACTED] * www.pyrotech.com i ---PAGE BREAK--- Entertainment Fireworks, Inc. A Place of Excellence in Pyrotechnics P.O. Box 7160 Olympia, Washington USA 98507-7160 Fireworks Display Proposal Comets 12 Comets 3.00-inch- Bright Silver Flitter, Fancy Bright Gold Lace Page 3 Phone 360-352·8911 *Fax [PHONE REDACTED] * efi@'pyrotech.com * www.pyrotech.com ---PAGE BREAK--- Entertainment Fireworks, Inc. A Place of Excellence in Pyrotechnics P.O. Box 7160 Olympia, Washington USA 98507-7160 Fireworks Display Proposal Specialty Display Products ²0 r ¼a/uteS - Titan;Rm FlaQP Single ;port-?O IncN · ' 1 , , · · · ·25 : Min ³e³s ³3 iµ³ch-G-Clid G-re ³e±n-, P¶-rp ³ le , R±e±d·-¸¹d± S³ i ³lverº-(1 -0 ³)-41»±c ±h \ 1 G old Mmes : : - - · · - i Multiple Shot Aerial Display Devices (Description of Varieties)·N--! 2 l1 00 shot Blue Toubillion, 150 shot Titanium Salute with Tails. [ . · ef!cts =50 itetr!l_·) - · · Page 4 Phone [PHONE REDACTED] *Fax [PHONE REDACTED] * [EMAIL REDACTED] * www.pyrotech.com ---PAGE BREAK--- Entertainment Fireworks, Inc. A Place of Excellence in Pyrotechnics P.O. Box 7160 Olympia, Washington USA 98507-7160 Fireworks Display Proposal Display Shell Recap Grand Finale Finale Shells: A magnificent display of fantasy in the sky. Sounds of bursting barrages and a star break of spectacular colors. Shells simultaneously bursting in the sky, spreading a glorious rainbow of colors and lighting up the heavens with breathtaking beauty. A very special climax to your evening of a grand display of fireworks. Quantity 2Yz" Finale Shells 70 3" Finale Shells 50 4" Finale Shells 30 5" Finale Shells 15 6" Finale Shells 6 1 u fAL FINALE SHELLS 171 Page 5 Phone [PHONE REDACTED] 'Fax [PHONE REDACTED] * * www.pyrotech.com ---PAGE BREAK--- Entertainment Fireworks, Inc. A Place of Excellence ln Pyrotechnics P.O. Box 7160 Olympia, Washington USA 98507 -7!60 Fireworks Display Proposal RECAP DISPLAY INVESTMENT $8,000.00 USD. DEPOSIT Includes all expenses, plus choreography/music fees if applicable, except police or other protection to prevent intrusion of the public onto the firing grounds, and/or services of a standby fireman. $2,000.00 Due April 20, 2000 with Signed Agreement LIABILITY INSURANCE Public liability and property damage insurance in the sum of $1,000,000 and provided compensation insurance for all help and assistance as required by state laws governing Fireworks Displays. Additional insurance coverage is available. NOTE Page 6 Customer to provide sand (if applicable) and security. Charges for barges and tugs, if applicable to the event, will be billed directly to the sponsor. CONTRACTS AND DELIVERIES MAY BE SUSPENDED OR CANCELLED PENDING ANY CONTINGENCIES BEYOND THE FIRM'S CONTROL, E.G. FORCE MAJEURE, LOCKOUTS, STRIKES, ACCIDENTS, TEMPORARY STOPPAGES, WAR, OR THE LIKE. Refer to enclosed contract for specific terms of this agreement. Entertainment Fireworks, Inc.® A Place of Excellence in PyroteclmicsTM Phone 360-352-891 1 * Fax [PHONE REDACTED] * [EMAIL REDACTED] * www.pyrotech.com