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<br />m`'TES -- CONTRACT
<br />White/AM. FIREWORKS CO.
<br />August 13, I989 Blue/CUSTOMER
<br />THIS CONTRACT, entered into this -29th day of -March, 1989 , by and between
<br />AMERICAN FIREWORKS COMPAPIY, HUDSON,OH. party of the first part as seller, and
<br />MAYFIELD VILLAGE
<br />party of the SeCOnd paft, a5 pufChaser. (Please give full name of organization under which it does husiness)
<br />WITNESSETH: In consideration of the sum of $1.00 each to the other in hand paid, the receipt whereof is hereby acknowledged, and
<br />of the mutual covenants and terms hereinafter mentioned, the parties hereto agree as follows:
<br />First party hereby agrees to sell, deliver and display to and for the benefit of second party, certain fireworks as
<br />fOIIOWS: AERTAT. DTSP7.AY PT.i1S AMF.RTf'AN FT.A(5- (1PRRATOR TO FTRR T[iF. 71TRPTA4_ OPF.RATOR1S WAf]AS
<br />_$1,000,000 COMBINED SINGLE LIMIT_ ATID OHIO WORKMF.N'S CQMPF.NSATTON_
<br />the same having been selected, approved and
<br />accepted by second party for display at_,_ 6685 Beta Drive (property of M.V. Racquet Club)
<br />on the following dates: AUGUST 13- 1989
<br />weather permitting; it being understood that, should inclement weather or other cause beyond the control of the
<br />seller prevent the display on the dates mentioned, th display will be held on the next clear night following.
<br />./ C) ,G `-? x W? / '_?` Df'
<br />Party of the second part agrees to pay first 4arty for said fireworks and the display, thereof, the sum of
<br />-FIVE THOIISAtID AND N01100- - - -0ollars
<br />($ s?nnp pn ), payable immediately after the fireworks program on the day the display is made.
<br />All payments to be made by check payable to the order of AMERICAN FIREWORKS COMPANY.
<br />Second party agrees to secure safe grounds for the proper display of such fireworks, to procure all permits or licenses which may
<br />be required by law, to provide.1AIA6yL-w&spw9ue?:`-??-.' jM-1-AsprQr?i?iiy.'- 11-1-aea::and ample
<br />police protection for said fireworks and equipment; and set out rope lines for the protection of the public, to provide all lumber and
<br />material that may be required, k-I yf--?:-iGdia?::S.:?
<br />also the morning after each display to clean up all sticks and refuse that.
<br />may be left on said premises and to restore the premises to the same condition that they were in prior to the preparation thereof for
<br />the fireworks display, to provide a watchman for the safeguarding of said fireworks and said property at all times, from the time the
<br />same is delivered at the place designated for SiplilligaiB6l,preparation, until said proper[y and debris is thereafter removed from the
<br />firing grounds and will be liable for damages to all automobiles parked less than one thousand feet from the mortars.
<br />No agent or representative is ever authorized to alter the terms of this printed contract by oral representations or separete writ-
<br />ten instrument and it is mutually understood and agreed that this contract contains the entire agreement between the parties hereto
<br />and that nothing in this contract shall be construed or interpreted to mean a partnership, joint venture or employer-employee rela-
<br />tionship between the parties hereto; each of the parties hereto being responsible for its or his separete and individual acts, debts and
<br />obl igations.
<br />It is understood and agreed that the fireworks herein contrected for by the second party, as purchaser, are specially made up by
<br />the first party as seller, and the purchaser may terminate this contrect only by giving u4E. j; days written notice sent by
<br />registered mail to the seller at its piace of business at Hudson, Ohio and upon payment by the purchaser to the seller at the time such
<br />notice is sent of a sum equal to Fifty Percent (50%) of the total purchase price of such fireworks, as fixed, liquidated and ascertained
<br />damages without proof of loss or damage.
<br />This contract shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, succes-
<br />sors and assigns. , .
<br />This contract is not binding if party of first part is restricted in any manner due to government regulations.
<br />IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, in duplicate, the day and year first above written.
<br />A ER CAN FIREWORKSCOP
<br />WITNESS: ( rty of First Part ?Ile
<br />of Second Part - Purchaserl
<br />TH.
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