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THul\lOERCAT fiREWORKS
(608) 835-1919
Fax (608) 835-1837
CONTRACT
This contract entered into this th day of January, 2006 between The Old Sawdust Days
and or The City of Oshkosh, hereinafter Customer, engages the services of Thundercat
Fireworks & Pyrotechnic Display Co., Inc. hereinafter Thundercat for a pyrotechnic
display under the following terms:
The parties to this agreement, in consideration of the mutual covenants and
stipulations set out, agree as follows: Thundercat will provide the fireworks, the
pyrotechnicians to shoot the display and a one million dollar insurance certificate for a
firework display to be serviced at the Island by the Park on July 3, 2006. The total cost
for the display is $30,000.00
The show will consist of approximately 25 minutes of fireworks. Fireworks will be fired
at the same fast exciting pace as the 2004 display. Thundercat guarantees our
performance will not be beat. Material quantities will be as noted in the proposal and wiill
also offer the same or finer quality of the 2004 display. Customer is aware Thundercat
will not shoot the display if winds are in excess of 8 MPH blowing in the crowds
direction, the wind will be evaluated at 9:00 P.M. and if deemed unsafe by Thundercat
will be postponed until the following night.
Thundercat Responsibilities : Thundercat shall perform all services required
hereunder, except when prevented by strike, lockout, acts of God, accidents or any
other circumstances beyond Thundercats control. Thundercat will clean up the
immediate firing area of used fireworks, equipment and trash. Thundercat will provide a
rain date at no charge. Thundercat will search the firing area for any debris that may bl9
hazardous upon completion of the display. Thundercat guarantees to shoot all
quantities as noted in the proposal. Thundercat also guarantees this will be a first class
exciting display offering the finest quality of pyrotechnic material available.
Customer responsibilities: Customer will be responsible for cleaning up any and all
debris or fallout from the display. Customer will clean up the area to the liking of the
City of Oshkosh. This area should be as clean as before the display. Customer will
obtain permit from the city and will provide barrier security and crowd control. CustomE~r
will inspect the shoot site and fallout area at first light the following morning for any
hazardous material. 'D (Please Initial) If any unexploded fireworks are
discovered the customer will call Thundercat and Thundercat will send out a technician
to dispose of the device. Customer will provide laborers to help one day before the
display, the day of the display and the day after the display.
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THUI\IOERCAT fiREWORKS
Payment terms of this contract are as follows: Payment of $15,000.00 will be paid
upon contract signing on or approximately on February 10, 2006. The remaining
balance of $15,000.00 will be paid within two weeks following the display on July 03,
2006.
This contract shall be construed by the laws of the state of Wisconsin. In the event that
any provisions of this agreement are deemed unenforceable by any court of competent
jurisdiction, the remaining provisions hereof shall remain in full force effect.
This.contract contains the entire agreement between the parties, and no statements,
promises, or inducements made by either party or agent of either party that are not
contained in this contract shall be valid or binding; this contract may not be enlarged,
modified, or altered except in writing, signed by both parties and endorsed on this
agreement. The customer agrees to pay Thundercat any and all costs and expenses
(including reasonable attorneys fees) incurred by Thundercat enforcing the terms of thi:s
contract.
This agreement shall insure to the benefit of and be binding on the heirs, executors,
assignees, and successors of the respective parties. The party signing this document of
the customer/sponsor warrant and represents that he or she is solely authorized to
enter into agreement on behalf of the customer/sponsor.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and
year first above written.
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Date Signed
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Thundercat Fir works
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Date Signed
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