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ORIGINAL
<br />Wolverine West, LLC
<br />PO Box 628
<br />Chehalis, WA 98532
<br />PYROTECHNIC AGREEMENT
<br />Kittitas Valley Event Center
<br />Show Date: 7/3/2023
<br />Page 1 of 6
<br />Monday, May 22,
<br />This agreement ("Agreement") is made this W.dnesday, April i9, 2023, by and between Wolverine West, LLC, a Washington
<br />limited liability company, hereinafter referred to as ("WW"), and Kittitas Valley Event Center, hereinafter referred to as ("Client").
<br />WW and Client are sometimes referred to as "Party" or collectively as "Parties" herein.
<br />1. Enaaaement— CLIENT hereby engages WW to provide to CLIENT the Pyrotechnic Production ("PP") as described in
<br />Paragraph 2 of this Agreement, and WW accepts such engagement upon all of the terms and conditions hereinafter set
<br />forth. The PP shall be substantially as outlined in the proposal —Attachment "A", attached hereto and incorporated herein
<br />by this reference.
<br />i.i. WW Responsibilities — WW shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic
<br />products, pyrotechnic permits (including; permit submittal and inspection fees, excluding; standby fees and/or traffic control
<br />costs that shall be paid by CLIENT) relating to the PP, insurance covering the PP and other Incidental items necessary to
<br />provide the PP as more specifically set forth in this Agreement and in the Scope of Work ("Scope of Work"), attached hereto,
<br />incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.
<br />1.2. CLIENT Responsibilities — CLIENT shall provide to WW a suitable site ("Site") for the PP, security for the Site as set forth
<br />in Paragraph 6, hereof, access to the Site, any permission necessary to utilize the Site for the PP, and other things on its part
<br />to be performed as more specifically set forth in this Agreement and the Scope of Work. All Site arrangements are subject to
<br />WW's reasonable approval pertaining to compliance, pyrotechnic safety and security. All other conditions of the Site shall
<br />be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to
<br />the public, CLIENT personnel and other contractors.
<br />2. Date, Time, Location. Program/Price —The PP(s) shall take place as follows;
<br />Date Approximate Time Location
<br />7/3/2023 10:00 pm Ellensburg rodeo upper parking lot
<br />3. Fees, Interest, Expenses
<br />3.1. Fee —CLIENT agrees to pay WW a fee of $15,000.00 USD (FIFTEEN THOUSAND DOLLARS) ("Fee") for the PP, which
<br />includes Washington State Sales Tax. CLIENT shall pay to WW $7,500.00 USD (SEVENTY-FIVE HUNDRED DOLLARS) of the
<br />Fee as a deposit ("Deposit") upon the execution of this Agreement by both parties, and return no later than 2&5LM for 5/29/23
<br />this Agreement to be valid. CLIENT shall pay WW any balance then due within 10 days following said PP dates outline in RFH
<br />paragraph 2. CLIENT authorizes WW to receive and verify credit and financial information concerning CLIENT from any
<br />4.
<br />S.
<br />agency, person or entity including but not limited to credit reporting agencies.
<br />3.2. Interest — In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of a daily
<br />periodic interest rate equivalent to 1% per month on the unpaid balance. If litigation arises out of the Agreement, the
<br />prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to
<br />attorneys' fees.
<br />3.3. Expenses — WW shall pay all normal expenses directly related to the PP, including freight, insurance as outlined,
<br />pyrotechnic products, pyrotechnic equipment, trained pyrotechnic personnel to setup and discharge the pyrotechnics and
<br />those additional items as outlined as WW's responsibilities described in this Agreement and in the Scope of Work. CLIENT
<br />shall pay all costs related to the PP not supplied by WW including, but not limited to, those items outlined as CLIENT's
<br />responsibilities in this Agreement and in the Scope of Work.
<br />Intellectual Property — WW shall retain ownership of all intellectual property aspects of the PP, including but not limited to
<br />publicly display, publicly perform, reproduce by any means, and distribute any reproduction of the PP. Any reproduction or
<br />distribution without WW's written authorization is strictly prohibited.
<br />Safety — WW and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety
<br />programs and measures consistent with recognized applicable industry standards and practices. At all times before and
<br />during the PP, it shall be within WW's sole discretion to determine whether or not the PP may be safely discharged or
<br />continued. It shall not constitute a breach of this Agreement by WW for pyrotechnic products to fail or malfunction, or for
<br />P: 206.459.0917 F: 888.492.4902 E: info@wolverinewest.com
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