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<br />Pyro Spectaculars, Inc.
<br />P.C. Box 2529
<br />Rialto, CA 92377
<br />Tel: 909-355-8120 :::: Pax: 909-355-9813
<br />City of Santa Ana
<br />Program -A Addition
<br />July 4, 2019
<br />Page 2 of 4
<br />S. Permi s - PYRO agates to apply for permits for the fill lag of pyrotechnics only frmn tire, ORANGE COUNTY FIRE AUTI'IOIiITY, FAA, and
<br />tJSCG, if required. CLIENT shift] be responsible for any fees associated with these permits including standby fees, CLIENT shall be responsible for obtaining
<br />any other necessary peanuts, paying associated fees, and making otherappropriale an ingemenis 1'or Police Departments, other Fire Depmnnents, road closures,
<br />evenVactivity or, ],and use permits (,I tiny pemrission orpermit required by any Local, Regional, Stale or Federal Govemn)ent.
<br />9. Insurance - PYRO shall it all limes during the performance ofsevices herein ensure that the following insmance is maintained is connection with
<br />PYRO's performance of this Agreement (1) commercial general liability Insurance, including products, completed operations, and contractual liability under this
<br />Agreemenu; (2) automobile liability insurance, (3) woikeis' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT Prom
<br />claims ferbodily injury, including death, personal injury, and front claims of property damage, which nary arise finny PYRO's perlianlnnce of this Agreement,
<br />only. The types and amounts of eovernge shall be, is set forth in the Scope of Work, Such insurance steal rem include elain)s which arise from CLIENT'S
<br />negligence or willful conduct or finny failure: of CLIENT to perform its obligations under this Agreeunent, coverage for which shall be provided by CLIENT,
<br />The coverage of these policies shall be subject to teasonabe inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage
<br />shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT;
<br />Sponsms, Landowners, Binge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic vlaconuactms
<br />or providers, if any, cot covered under policies of insmanec required hereby, shall secure, maintain and provide their own insurance coverage with respect to their
<br />Instal operations end services-
<br />10, Tndelnniimalinn - PYRO represents and waronvs that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers,
<br />and cxpertiso to produce the Production in it safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify,
<br />hold harmless, and defend CLIENT and the additional insureds frmn and against any and all claims, actions, damages, liabilities and expenses, including but not
<br />limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, andlorda Inge to property, arising t}oat or out
<br />of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or
<br />employees. CLIP:NTshall indemnify, hold harmless, and defend PYRO Prom and against any and all claims, actions, damages, liability cord expenses, including
<br />but not limited to, alu mey and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, raising from
<br />or evil of the Production and the prescription thereof to [Ile extent such am occasioned by any act or omission of CLIENT, its officers, agents, contruotmre,
<br />providers, or employees, In no event slrall either parry be liable 'For the consequential damages of the other party.
<br />11, l.imitalau r1f 1Saa-Except in the case of bodily injury and properly damage as provided in [he insurance and
<br />indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement orwas othewise negligent in
<br />perfbnning the Production provided fat• herein, CLIENT shall not be entitled to claim or iecover monetary damages from PYRO beyond the amount CLIENT has
<br />paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages fmnr PYRO including, without limitation, damages
<br />flat loss of income, business orpodits.
<br />12. 'nl'e+k Mn rfa,- CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any cthe-
<br />causes beyond Ibe coati a] of PYRO which may prevent the Production farm being safely discharged on the scheduled dde, which finny cause the cancellation of
<br />any event for which CLIENT has purchased the Production, or which may affect or dmnage such portion of the exhibits as must be placed and exposed a
<br />necessary time before the Production, If, far any such reason, PYRO is not reasonably able to safely discharge tine Production on the scheduled date, at at the
<br />scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may Ill resclrednle the
<br />Production and pay PYRO such sons is provided in Pmagrapli 13, or. (ill cancel the Production and pay PYRO such sums as provided in Pamgmph 14, based
<br />upon when the Production is canceled.
<br />13, j h i aRn. Of '{pint [I CI.IL NT elects to reschedule the Production, PYRO shall be paid the original Fee plus all additional expenses uwde
<br />necessary by rescheduling plus a 15%service fee on such additional expenses Said expenses will be invoiced sepamteiy and payment will be due in full within 5
<br />buys of receipt. CLIENT and PYRO shelf agree upon the rescheduled date taking into consideration availability of lie) materials, equipmcnl, trmsporlation
<br />and labor, The Production shill be rescheduled for a date not more than 90 Days subsequent to the core fost set for the Production. The Production shall not be
<br />rescheduled In i lute, or form) even[, that[ his[oicrdly has involved a fireworks production. The Production shall not berese.hedulisd between June 151h and July
<br />15th unless [Ile original date was .luly 4[h of that some year, or between December 15th and January 1.5th unless the cadgintd date was December 31 si of the earlier
<br />yea, unless PYRO agrees []Art such rescheduling will nor adversely affect natal business operations during those periods,
<br />14. ,jy'ght Ta Cmreje CLIENT Shull have fire option to unilaterally cancel the Production prior to the Scheduled date.. II CL.IE.NT exercises this option,
<br />CLIENT agrees to pay to PYRO, as liquidated damages, lire following percentages of the Fee its set forth in Paragraph 3A, 1150% if cancellation occurs 30 to 90
<br />days prim to the scheduled date, 2) 75 % ifcancellation occurs 15 to 29 hays Pilot to the scheduled date, 3) 100%thereafter. In the event CLIENT cancels the
<br />Production, it will be hnpnctical ne extremely difficult to fix actual mnount of PYRO's damages The fa'egoing represents It rcnsonable estimateof the damages
<br />PYRO will suffer TCLIENT cancels tyre Prrdudiou.
<br />15, No.tnlnt Vintare- II is agreed, nothing in this Agreement a,in PYRO's performance of the Production shall be construed as fboning a partnership or
<br />joint venture between CLIENTmid PYRO. PYRO shall be, mid is an indepeni,tent contractor with CLIENT and not tat employee of CLIENT. The Panties herein
<br />shall be severally responsible not then own separate debts and obligations and neither Party shall be held responsible for any agreements of obligations not
<br />exprusly provided for herein.
<br />16 >fica rle L2xa - This Agrecinem and the rights and obligations of the Parties hereunder Shull be construed in accordance with the Iaws of Cslifomia.
<br />It is furtherfaelced that the Cenral Judicial District of.Sun Bernardino County, Cahlomia, shall be proper venue For any such action, in the event that 1w scope of
<br />[he Production is reducer] by authorities having jurisdiction or' by either ' Piny forsafcry concerns, the full dolls' anxmnrs omlhred in this Agreement are
<br />enforceable_
<br />17, Notices - Any Notice to the Patties pm'mhted or rcaluir'ud under [his Agreement rimy be given by mailing such Notice in the Filled Stales Mail,
<br />postage prepaid, first class, addressed as follows: PYRO Pyro Spectaculars, Inc., Pp, Box 2329, Rialto. Collbmla, 92377, or for ovemight eleliveryto 3196 N.
<br />Locust Avenue. Rialm. Caflbmia 92377, CLIENT=t;zh'of 5atrtn Arm.2h Ctcic Center PinYah SatIItrA n C:4 9�* L
<br />PS V 1.2c
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