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N-2019-120
<br />I°yro 5}rectltcolars, be. City of Satrta Alta
<br />P.O. Box 2'129 Program -A Addition
<br />Walk), CA 92377 ,lily 4, 20119
<br />(CfSURAW-GR 65-812o :::: Fax: 909-355-9813 Page I of
<br />WORK MAY PROCEE�_,�PS
<br />gNTi�l 11�N 1"RODUCTION AGREEMENT
<br />fit; AP Fc`au clue 01 �019 �
<br />1"lies s2tevmelt6 (Agivemenf} rs nxsoe this _dap of � 2i, WLIw and between Pvro Spectaculars, luc t Cahlomia
<br />' eorporinono hureinefter refcrod to as (`PYRO ), and f.:ity ut'Santa Ana, bereirm i Pared to as ("CLIENT )..PYRO and CLIEtl l aie sometimes referred to
<br />Party" of collectively as Taeries heiem,
<br />I Enmtl,ement - CH F NT6eroby engages PYRO to provide to ("LIENT one (ueworks production ("Pirnducuon ), and PYRO accepostarch engagement
<br />A�V.- upon all of the promises, toots tend conditions hereinafter set lath, The Production shall he substantially as oulined in Program "&Ail e% attached hereto
<br />wand ytcimfoa fined lacein by this mJe~r'ance.
<br />1.1 . X110 Dak es PYRO shall provide all pyrotechnic equipment, trained pyronocloacians, shipping, pyrotechnic products, application for
<br />specific pyrotechnic permits (the cost of which, including standby fees, shall be. paid by CLIENT) relating to the Production, insurance covering the
<br />production and the other things en its pail to be perforated as moe specilkally set forth below in this Agreement and in the Scope of Work ("Scope of
<br />Work'% intached hereto, ineotpor'aoid heroin by this reference, and mode a part of this Agreement as trough set forth fully boccie,
<br />L2 ,�, cI IKNT ILigIg - CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph
<br />G hereof, necoss In the Site, any permission necessary to utilize the Site i'or the Production, and the other things oil its pail to be performed as more
<br />specifically set forth below in this Agreement and io the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to
<br />pyrotecbnie axiely, Sininu ility, nod security. All alter conditions of the Site shall he thersponsi6ility, of CLIENT, including, but not limited to, access,
<br />use, cortral, parking and general safety with respect to the public, CLIENT pesannel and ndtex eurusnctots.
<br />:;hne and PlayX- TheProduct.ion shall take place on Agjy_4vj,Q.119 at approximately 9 4,at ntmntbLl, r iunal PnA;jc 'ncccrh to j WCet of
<br />Nun ,nLv are ;g,,(,if, Ssmgr Ann, {A, Sitc.
<br />3, Fes Interres(,nd ev erxe-
<br />3.1 Fee- CLIENT agrees to pay PYRO itifive of$jA5QA0 QSD (L)M?Xj;q_Q5M ,,i X Nt.INDC{CD ,Irff Aij,)••,C,A ) (' Fee) for the
<br />Production. CLIENT shall pay to PYRO S'§ZM USD ( IC, NT VIVR I?UyTi TY C,1}! ilG)1.1, ,) of the Fee, plus estimated permit and Standby fees,
<br />specified production costs, and other regulatory costs apptoxunatted at �Lq 00 1 Ran amount to be deter mined, for a total of $ $2S.(lff its a deposit ("Deposit")
<br />upon the execution of thus Aga'esunaut by both partics but an lateNlao;ittt{I, , aol9; 'I'be balance of the Pee slaill be paid no Pater than i �n+„.2Ri9 CLIENT
<br />authorize* PYRO to receive and verify credit and fsoaneial inPornation concerning CLIENT built any agency, person or entity Brcluding but not located to credit
<br />reporting agencies, 'I lie "I'MCE FIRM" dote, the date by which the executed Agreement most be delivered to Pyro, is set forth in pmngmph 20.
<br />31 bit rerot - In the event that the Fee is not paid in it timely manner, CLIENT will be responsible for the payment oi' LS% interest permouth
<br />or
<br />18%amorally ore the unpaid balance. tf litigation arises ow of this Agrmrwra, the prevailing patty shall be entitled to reasonable roses inured in a rnicenon
<br />with the litigation, including, but not limited to attorneys' fees.
<br />33 F.11 ct1 lseg—PYRO shall pay all tonal expenses directly related to the Production including fPeight, arse nnee its outlined, pyrotechnic
<br />products, pyrotechnic equipment, experienced pyrotechnic personnel in sot rip and discharge the pyrotechnics and those additional itenfi os outlined as PYRO's
<br />responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but out Ihnited to, those items
<br />outlined as CLIHNT's ma ponsibiliiy in this Agreement and Scope of Wins,
<br />4. riV iris ry WddU( - PYRO r'uprosents and warrants that it owns all copyrights, including perlirrnanee rights, to this Production, except []tat PYRO
<br />does not own CLIENT -owned material or third -party -owned material thel his been included in the Production, and as to such CLI LNT-owned and Ihinl-pmty-
<br />owned material, CLIENT assumes till responsibility thervible. CLIEN'I'agrees that PYRO shah retain ovnennship of, and all copyrights and other iglus to, the
<br />Piu durdion, except that PYRO shall not acquire or retain any ownership or other lights in or to CLIENT -owned material and dwd-puny-owned mate iai and Shut
<br />not be res{arnxible in any way forsucli aroinod, ttapplicable., CLiEN'f consents to the use of t7L IENTrowned material and represents that it bus of will obtain
<br />lily permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Piodoctinn, PYRO reserves the
<br />ownership nights in its tilde names that are used in orare it product of the Production. Any reproduction Pry sound, videro or other duplication nr recording process
<br />without the express written permission of PYRO is prohibited.
<br />S fete -PYI O and CLIENI7 shall each comply with, applicaldc federil, stoic and local laws and re oilatlons and employ safety gmxgrans and rneesures
<br />censistcnt •with rxwognaed appdcabte induahy standards and piaetices At all times befo'c and during Inc Production, it ,hall be within PYRffs sole discretion to
<br />delennine whcOter or nor the Production utny be sni'aly dischnrge'<I or cnerlinued, it shall not constitute a btvmh ofthis Agreement by PY"RO fin' fireworks ro fit
<br />or malfunction, or for PYfI0 to determine that the Production umnot be discharged or continued as a result of any rondilions or ri rcmnstances affecting si ety
<br />beyond the misonable count of PYRO,
<br />d_ ,nritr-CLIENTshall provide idequatesrxntitypersonnel, ixolicics,and Pruce Depart neat sesvicesas rely be tu¢eesse, y to preclude i ndfvioueis
<br />othor than those anthill iaed by PYRO foam entering an aoca to be designated by PYRO,61lie noon for the set-up and dischage (if the Production, includhrga
<br />tattoo area aatisfnctmy art ttYRO wlwre rho pyrotechnics may Asa fely ride and any debris any safely lath PYRO shall Gave no respatsibility tier nnonitmting err
<br />controlling C'LIENT's cline, contractors, providers a- voluutees; the Iarblic: meas to which the public or contactors hove access; or illy other public or uontnromr
<br />facilities associated with the Production,
<br />Z UQ iflayalit- PYRO shall be mspowlile for rile removed M all egnipmcm provided by PYRO Sao clean up of any live pviolechnie debris nwde necessary
<br />by PYRO, GLIEN'P shell be responsible lin'Hny olI'ren;le�m up which inns be required ollhe Prtrductinn m'sel-up, diselarrgc and fnlloN areas including any
<br />environmental clean-up,
<br />PS V 1-2,
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