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Pyro Spectaculars, Inc.
<br />P.O, fox 2329
<br />Rialto, CA 92377
<br />Tel: 909-355-8120 :::: Fax: 909-355.9813
<br />City of Santa Ana
<br />Program A Addition
<br />October 27, 2019
<br />Page 2 of 4
<br />B. Pe • r s - PYRO Agrees to apply I'orpennits for the firing of pyrotechnics only from the ORANGE COUNTY FIRE AUTHORITY, FAA, and
<br />USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees, CLIENT shall be responsible forobodning
<br />any other necessary permits, paying associated fees, and making other opproprinte anrrngernc us far Police Departments, other Fire Departments, road closures,
<br />evenUactivily or land use permits or any permission or pontiff required by any Local, Regional, State or Federal Government.
<br />9. Innormoro - PYRO shall at All times during (ha performance orservices herein ensure that ilia following insurance Is maintained in connection with
<br />PYRO's performance of this Agreaneav (p commercial general liability insurance, Including products, completed operations, and conhactual liability under this
<br />Agreement; (2) automobile liability insurance, (3) warkers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from
<br />claims for bodily injury, including death, personal injury, and from claims of property damage, which may amine tram PYRO's performance of this Agreement,
<br />only. The types and amounts of coverage shall be as set forth in time Scope of Work. Such Insurance shall not Include claims which raise from CLIENT's
<br />negligence or willful courtlier art from failure of CLIENT to perform its obligations tinder this Agreement, coverage for which shall be provided by CLIENT
<br />The coverage of these policies shall be subjectto reasonable 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 (lint the following are named as additionally insured; CLIENT;
<br />Sponsors, Landowners, Bru'ge Owners, If any; and Permitting Authorities, with respect to ilia operations of PYRO at tine Production. Pyrotcchniasubcontmctors
<br />or providers, irony, not covered under polities of insurance required hortry, shall secure, maintain and provide their own insurance coverage with respect to their
<br />respective operations and services.
<br />10. indemnification - PYRO represents and watmnts that it is capable of famishing the necessary experience, personnel, 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 shall indennily,
<br />hold hanniem, 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 cornocdoa with the loss of life, personal injury, and/or damage to property, arising froin or out
<br />of the Production and the presentation thereof to the extent small are occasioned by any act or mission of PYRO, their omcets, agents, contractors, providers, or
<br />employees. CLIENT shall indenri*, hold harmless, and defend PYRO aom and against any And all claims, actions, damages, liability and expenses, including
<br />but not Ihnited to, attorney and other professional fees and court coats in connection with the loss of life, personal injury, and/or damage to property, arising ram
<br />or out of the Production and the prmination thereof to tiro extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors,
<br />plviders, or employees. In no event shall either party be liable for ilia consequential damagca of Ilia other patty.
<br />It. Llmttn(Iou or Dominion for Ordbiary Breach( -Except in the ease of bodily injury and property damage as provided in tire insurance and
<br />indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENTclaim% that PYRO has breached this Agreement or was otherwise negligent in
<br />performing ilia Production provided for herein, CLIENT shall not be entitledl to claim or recover monetary damages @our 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 from PYRO including, without limitation, damage,%
<br />for loss of income, business or profits.
<br />12. Force ataieuro -CLIENT Agrees to assume Ore risks ofwenlhe, strike, civil unrest, terrorism, military action, governmental action, and any other
<br />causes beyond (he control of PYRO which may prevent the Production herniating safely discimrged on the scheduled date, which may cause the, cancellation of
<br />any event for which CLIENT has purchased the Production, or which may offect or damage such portion of (he exhibits ns nest ba placed and exposed a
<br />necessary time before the Production. It, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the
<br />scheduled (line, or should any event for which CLIENT tips pumhosed the Production be canceled as a result of such causes, CLIENT Amy (i) reschedule the
<br />Production and pay PYRO such sums as provided in Paragraph 13, or (if) cancel the Production and pay PYRO such stuns as provided in Paragraph 14, basal
<br />upon when (he Production is canceled.
<br />13. Rescheduling Of Event -If CLIENT elects to reschedule (lie Production, PYRO shall be paid the original Fee 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 payment will bedue in full within 5
<br />days of receipt. CLIENT and PYRO shall agree upon Lire eschedaled date Inking into consideration availability ofpenuits, materials, equipment, transportation
<br />nod labor. The Production shall be rescheduled for a dale not more than 90 Days subsequent to the date first set for the Production. The Production shall not be
<br />rescheduled to a data, or for an even(, flint historically has involved a fireworks production. The Production shall not be rescheduled between June Bill and kdy
<br />15th unless ilia original date was July 4lh of that same year, or between December Mir and January 15th unless the original dale was December 3Ist of the earlier
<br />your unless PYRO agrees that such rescheduling will not adversely Affect neural business operations during those periods.
<br />14. Right To Cereal —CLIENT shall have the option to unilaremily cancel One Production Prior to the scheduled date. If CLIENTexercises this option,
<br />CLIENT agrees to pay to PYRO, as liquidated damages, ilia following percentages of the Fee asset forth in Paragraph 3.1. 1) 50%if coneellalion occurs 30 to 90
<br />days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the sclwduled date, 3) 100%thereafter. fit the even( CLIENT cancels the
<br />Production, it will be impractical or ex(remely difficult to fix actual n rorutl ofPYRO's damages. The foiegoing represents a reasonable estimate of tiro damages
<br />PYRO will suffer if CLIENTcancels the Production.
<br />15. NaJolatVailtur - II is Agreed, nothing in tlds Agmemeni fir in PYRO's perfanupnce ol'Ihe Production shall bur construed as fanning A partnership m'
<br />joint venture between CLIENT and PYRO. PYROshall bound is an independent contrecmr with CLIENT and not an employee ofCLIENT. The Paties horcto
<br />shall be severally responsible for their own separate debts nil obligations and neither Pliny shall be held responsible for any agreements or obligations not
<br />expressly provided for herein.
<br />16 Applicghlo LAW - This Agreement and the riglas And obligations ofthe Parties hereunder shall be consumed in accordance with the laws of Caldbmie
<br />It is father Agreed that the Central Judicial District orSan Bernardino County, California, shall be proper venue for any such action. In the event (list (he scope of
<br />the Production is reduced by authorities Irving jurisdiction orby either Party farsn(ely concerns, the full dollor omoums outlined in this Agreement are
<br />enforceable.
<br />17. Notices - Any Notice to Ore Patties pertained or required under this Agmmen may be given by moiling such Notice in the United States hail,
<br />postage prepaid, fist class, addressed as follows: PYRO — Pyro Speclnculms, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N.
<br />Locust Avenue, Rialto, California 92377. CLIENT—Qfy.nChmEy A1A4"(ijvc_CMfor p104k,.Stainn.N4 CA 9170L
<br />PS V 1.2e
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