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EXHIBIT <br /> . . <br /> 4 <br /> o2D -J3 <br /> RECEIVED <br /> MAD BOMBER FEB 1 9 2015 <br /> FIREWORKS PRODUCTIONS PLANNING DEPT <br /> AGREEMENT <br /> This contract entered into this 171h day of February,2015 and between Mad Bomber Fireworks Productions of <br /> Kingsbury, Indiana hereinafter referred toes Seller,and The City of North Olmsted,Herein after referred to as Buyer,of <br /> North Olmsted,State of Ohio. <br /> Witness: Seller agrees to provide and Buyer agrees to purchase a fireworks Display in accordance with the <br /> program agreed upon. Buyer will pay Seller a sun of$25,000.00 for said Display. Upon acceptance of this agreement, <br /> Buyer wUl pay Seller a sum of-0-as an Earnest Money Deposit with the balance due and payable within 30 days after the <br /> display date agreed upon. A late charge of 1.5%per month will be assessed on accounts not paid within thirty days of <br /> display date. <br /> Both Seller and Buyer mutually agree to the following terms,conditions,and stipulations: <br /> 1.Seller will present said Fireworks Display on the evening of the 5th Day of July,2015,It being understood <br /> that should there be Inclement weather the day of the display the Seller has sole discretion to cancel display. <br /> . An alternate display date win be given within six months of the original display date agreeable to both the <br /> Seller and Buyer. <br /> 2.The Fee for cancellation for any reason of the Fireworks Display Is 40%of the agreement price if Buyer <br /> chooses to not select another display date within six months of the original display date. <br /> 3.Buyer will provide a sufficient area for the Display, including a minimum spectator set back of 420 feet at all <br /> points from the discharge area. Buyer will provide protection of the display by roping-off or other suitable <br /> means. Buyer will provide adequate pogoe protection to prevent spectators from entering display area. Buyer <br /> agrees to search the fallout area at first light following a night display. <br /> 4.Seller reserves the right to terminate the Display in the event that persons enter the secured Danger Zone <br /> and Security is unable to secure Danger Zone. <br /> 5.Seller agrees to provide Qualified Technicians to take charge of and present said Display. <br /> 6.Seller agrees to provide Liability Insurance In the amount of$10,000,000.00 for the benefit of both the <br /> Buyer and Seller. <br /> 7.Mad Bomber Fireworks Productions retains the right to substitute product of equal or greater value In the <br /> event of shortages or unavailability of any particular item on the proposal. <br /> 8.Seller and Buyer agree to include Attachments,if any.See Attachments:None <br /> Both Seller and Buyer hereto do mutually and severally guarantee terms,conditions,and payments of this contract,these <br /> articles to be binding upon the parties,themselves,their heirs,executors,administrators,successors and assigns. <br /> Mad Bomber Fireworks Product, ns BUYER <br /> By _ - By <br /> (its duly authorized scent,who represents that hsbhe <br /> has full authority to Bind the Buyer) <br /> Date a -/9-/s Date <br />