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DISPLAY AGREEMENT AND PURCHASE ORDER <br />THIS AGREEMENT ("Agreement") is entered into as of date of last signature below by and <br />between Western Display Fireworks, Ltd., an Oregon corporation, whose address is set forth above, <br />("Western") and City of Everett, whose address is 2930 Wetmore Ave, Suite 10A, Everett, WA 98201 <br />("Sponsor"). Western and Sponsor are sometimes individually referred to as a "Party" and collectively as the <br />"Parties." <br />In consideration of the mutual terms and conditions set forth herein and other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: <br />1.Proposal. Western agrees to supply, and Sponsor agrees to pay for, a fireworks display on the <br />following designated date(s) and location: July 4, 2025 from a barge off Jetty Island, Everett, WA, <br />Proposal #25-7650, which attached as Exhibit B and is incorporated herein by this reference, (the <br />“Display”) in accordance with the program approved by both Parties. <br />2.Price and Payment Terms. Total price of SEVENTY FIVE THOUSAND DOLLARS AND NO/100 ($75,000.00) <br />is to be paid as follows: 25% of the total price, $18,750.00 is due by MARCH 1, 2025; 25% of the total <br />price, $18,750.00 is due by JUNE 4, 2025; the remaining balance of the price, $37,500.00, is due in full <br />on or before July 14, 2025. Interest will accrue at 1½% per month (an annual percentage rate of 18% per <br />annum) on all unpaid amounts from the date on which the payment was due. <br />3.Western Duties. As part of the total price Western agrees to the following: <br />a.To supply all pyrotechnics necessary to present an aggressive and entertaining program. The <br />Display will be choreographed to the Sponsor provided musical soundtrack. A detailed firing <br />script will be provided to the Sponsor no later than 30 days prior to the Display; <br />b.Mortars, firing equipment and all other required materials necessary to perform its services <br />hereunder; <br />c.Proper delivery, set-up, firing and presentation by pyrotechnic operator and crew covered under <br />workers compensation insurance; <br />d.To remove all equipment and spent pyrotechnic devices and clean up debris from the immediate <br />Display site. Sponsor acknowledges that additional debris may remain in the fallout zone after <br />Western’s responsibilities of Display site cleanup have been completed; and <br />e.To comply with all local and federal guidelines and obtain any necessary permits to perform <br />the Display, unless otherwise notes in Sponsor duties. <br />4.Sponsor Duties. <br />a.Sponsor shall comply with all duties as detailed under the Compliance with Laws/Sponsor <br />Responsibilities portion of this Agreement; and <br />b.Sponsor agrees to provide the musical soundtrack for the Display to Western no later than March 1, <br />2025. <br />5.Insurance. WESTERN shall maintain at WESTERN’s cost during the term of this agreement General <br />Commercial Liability Insurance on an occurrence basis. Such insurance must be in a form acceptable <br />to Sponsor. Such insurance policy must have limits no less than five million dollars ($5,000,000) per <br />occurrence and five million dollars ($5,000,000) annual aggregate. Such insurance must be issued by <br />companies authorized to do business in the State of Washington, which are rated at least “A” or better