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Pyro Spectaculars, Inc.
<br />P.O. Box 2329
<br />Rialto, CA 92377
<br />Tel: 909-355-8120 :::: Fax: 909-355.9813
<br />City of Santa Alta
<br />Program A
<br />October 27, 2019
<br />Page 2 of 4
<br />8. permits - PYRO agrees to apply for permits for the tiring of pyrotechnics only front the Ora it go Co anty Fire Ant [in rity, FAA, and USCG, if
<br />required, CLIENT shalt be responsible for any fees associated with theseperntitsincludhngstandby fees. CLIENT shall be responsible for obtaining any other
<br />necessarypennits, paying associated fees, and making other appropriate arrangements fort Police Departments, other Fire Depadmcnls, road closures,
<br />event/activily or hand use pennits at any permission or permit required by any Local, Region 1, State or Federal Government.
<br />9. llist rlice - PYRD shall at all times during the performance of services herein ensure that the following insurance is maintained in correction will,
<br />PYRO's perfonttance of this Agreement: (I) cormneroial general liability insurance, including products, completed operations, and contmetual liabiI ily under this
<br />Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer IinbiIity insurance. Such insurance is to protect CLIENT fiom
<br />claims for bodily injury, including death, personal injury, and tram claims of property danage, which may, arise from PYRO's perlatinoncc of this Agreement,
<br />only. The types and anroums or coverage shall be asset forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's
<br />negligence or will lot conduct or from thiluicof CI.IENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.
<br />Thecovemgeofthese policies shillbe subjecto reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage
<br />shall be furnished to CLIENT prior to the rendering ofscrvices hereunder and shall include that the following are named is additionally insured: CLIENT;
<br />Sponsors, landowners, Burge Owners, i f any; and Penniuing Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcononcons
<br />or providers, if any, not covered under policies of insurance required hereby, stall secure, maintain and provide their own insurance coverage with respect to their
<br />respective operations and services.
<br />10, jiidomOrwiffluit- PYRO represents and warrants that it is capable offinnishing the necessary experience, personncl, equipment, materials, providers,
<br />and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shell indemnify,
<br />hold hannless, and defend CLIENT and the additional insureds from 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 Elie loss of life, personal injury, and/or damage to property, arising loan or out
<br />of the Production and the presentation thereof lothe extent such are occasioned by any net or omission of PYRO, their officers, agents, contractors, providers, or
<br />employees. CLIENT shall indemnify, hold hannless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including
<br />but not limited to, attorney and other professional fees and count costs in connection with the loss of life, personal injury, and/or damage to property, arising front
<br />or out of the Production and the presentation thereof to the extent such are occasioned by any net or omission of CLIENT, its officers, agents, contractors,
<br />providers, or employees. In no event shall eirlrerpmYy be liable for the consequential damages of the other party.
<br />I I. I.buiuttion of Damages for Ordinary at cntcl - Except in the case of bodily injury and property damage as provided in the insurance and
<br />indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in
<br />perfonning the Production Provided for herein, CLIENT shall not be entitled to claim or recover monetary darnages 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 Gam PYRO including, without limitation, damages
<br />for loss of income, business or profits.
<br />12, Itorce hlalenrc- CLIENT agrees to assume die risks of wenther, strike, civil unrest, teRnri6m, military action, governmental action, and any other
<br />causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of
<br />any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a
<br />necessary time before the Production. If, Florally such reason, PYRO is not reasonably able to safely discharge the Production oil the scheduled date, oral the
<br />scheduled time, or should any event but, which CLI ENT has purohased the Production be canceled us a result of such causes, CLIENT may (i) reschedule Ore
<br />Production and pay PYRO such sums us provided in Paragraph 13, or (i)cancel [lie Production and pay PYRO such sums as provided in Paragraph 14, based
<br />upon when the Production is canceled.
<br />13. Resehedolhtg Qf Event - ITCLIENT elects to reschedule the Production, PYRO shall be paid theoriginal Pee plus all additional expenses made
<br />necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payrnew will be due in fitI within 5
<br />days of receipt. CLIENrnnd PYRO shall agree upon the rescheduled date taking into consideration availability ofpennits, malaria Is, equipment, transportation
<br />and labor. Tire Production shall be rescheduled fort a date not more than 90 Days subsequent to the date fail set tart he Production. 7"he Production shall not be
<br />rescheduled to ad a I c. or for an even I, that historically has involved a fh'eworks production The Production shall not be rescheduled between June I Sth and July
<br />151h unless the original date was July 4th of that same year, or between December I Sill and Jan only 15th unless the original date was December 31 st of the earlier
<br />year unless PYRO agrees that such rescheduling will not adversely afTeet normal business operations during those periods.
<br />14, Itighl-i'o (7a nrot —CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled dole. If CLIENT exercises this option,
<br />CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages or die Fee as set Ibith in Paragraph 3.1. 1) 50% if cancellation occurs 30 to 90
<br />daysprim' to thescheduled dale, 2)75% if cancellation occurs 15 to 29days priorto the scheduled date, 3)100%therea la. In the event CLIENTcancels the
<br />Production, if will beimpractical or extremely difficult to fix actual arnounl of PYRO's dangers. The foregoing represents a reasouableeslhnate of the damages
<br />PYRO will suffer if CLIENTcancels the Production.
<br />15. No Joint Ycuture- If is agreed, nothing in this Agreement or in PYRO's pedmmance of the Production shall be construed as fanning a partnership or
<br />joint venture between CLIENT and PYRO- PYRO shall be and is in independent couoactm-with CLIENTand nol an employee of CLIENT The Parries herald
<br />shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible tin' any agreements or obligations not
<br />expressly provided for herein.
<br />16. Appllraldc Law -This Agreement and the rights and obligations of lire Parties hereunder shall be consl,ned in accordance will, the lows of Cald unia.
<br />It is further agreed that the Central Judicial District of San Bernardino County, Ci libunia, shnll be proper venue barony such action. In the event That the scope of
<br />Ore Production is reduced by aulhonnes having jurisdiction or by either Party for solely concerns, the full dollar amounts outlined in this Agreement are
<br />en inccible
<br />17. Notices - Any Notice to the Panics penninod or required under this Agicianem nay be given by nailing such Notice in the United States Mail,
<br />posagr prepaid, fast class, addietsed as follows. PYRO - Pyro Spectaculars, lac„ P 0- Box 2329, Rialto, Calil'ontia. 92377, or for overnight delivery to 3190 N.
<br />Locust Avenue, Rialto, California 92377. CLIENT -Chi ofSnntn Ana 211 Cir'cCentel' 143ZA SI is Alin, CA 9 701
<br />PS Y 1-2c
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