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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 Ana
<br />Program A - Revised
<br />July 4, 2022
<br />Page 2 of 4
<br />8. Permits- PYRO agrees to apply for permits forthe firing of pyromehnics 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 for chaining
<br />any other necessarypermits, paying associated fees, and making other approptime arrangements for Police Departments, other Fire Depadments, load closures,
<br />evenVactivily or land use permits or any permission or petmit required by any Local, Regional, State or Federal Government.
<br />9. Ids] ropeg.- PYRO she]] at all times during the performance of services herein ensure that the following insurance is maintained in connection with
<br />PYRO's perfmnanee of this Agreemeru: ( I) commercial general liability insurance, including products, completed operations, and contractual liability wider this
<br />Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance, Such insaltnrce is to protect CL.If',NT from
<br />claims for bodily injury, including death, personal injury, and From claims of property damage, which may arise from PYRO's performance of this Agreement,
<br />only, The types and amounts of coverage shall bees set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's
<br />negligence or willful conduct or from flilare of CLIENT to perform its obligations under this Agreement, coverage for which shEdl be provided by CLIENT,
<br />The coverage of these policies shall be subject to 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 that the following me named as additionally insured: CLIENT;
<br />Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors
<br />or providers, if any, not covered under policies of insurance required hereby, shalt secure, maintain and provide their own insurance coverage with respect to their
<br />respective operations and services.
<br />10. IrrlehniiliUulibm- PYRO represents and warrants that it is capable of furnishing the mccssary experience, personnel, equipment, materials, providers,
<br />and expertise to prrduce the Production in a 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 from and against any and all claims, actions, damages, liabilities and expenses, including bit not
<br />limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal fglmy, and/or damage to property, arising from or out
<br />of the Production and the presentation thereof to the extent such are occasioned by any act or emission of PY RO, their officers, agents, contractors, providers, or
<br />employees. CLIENT shall indernnity, hold boneless, and defend PYRO from red against any and all claims, actions, damages, liability slid expenses, including
<br />but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from
<br />or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contactors,
<br />providers, or employees. In no event shelf either party be liable for the consequential damages of the other party.
<br />I I, irGmtl4[limr dfUagmges fir Ordinary Brerah - Except in the case of bodily injury and property damage as provided In the insurance and
<br />indemni]idahon prnvisiohs of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has branched this Agreement no was otherwise negligent in
<br />perfimning the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has
<br />paid to PYRO under this Agreement, and sholl not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages
<br />for loss of income, business or profits.
<br />12. 1'9orgeMuidure- CLIENT agrees to assume the risks of weather, strike, civil um'est, terrorism, military action, governmental action, and any other
<br />causes beyond the control of PYRO which may prevent the Production from being safely discharge(] on the scheduled date, which may cause the cancellation of
<br />any event for which CLIENThas purchased the Production, or which may affect or damage such portion of the exhibits as nwsl be placed and exposed a
<br />necessary time before the Production, If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or it the
<br />scheduled lime, or should any event for which CLIENT has purchased the Production be canceled as a result ol'such causes, C'LIENf may (i) reschedule the
<br />Production end pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such goats as provided in Paragraph 14, based
<br />Upon when the Production is canceled.
<br />13. Iieseliittllrlirl¢ OrEvent -If CLIENT clean; to reschedule the Production. PYRO shall be paid the original Fee plus all additional expenses made
<br />necessary by rescheduling plus a 1.5% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5
<br />days of receipt, CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of tlennits, materials, equipment, transportation
<br />and labor. The Production shell be rescheduled for a date not erne than 90 Days subsequent to the date first set for the Production. The Production shall not be
<br />rescheduled to a date, or for an event, that historically has involved a fireworks production. The Produclion shill not be rescheduled between June 151h and July
<br />15th unless ilia original date was July 41h of that sane year, or between December 15th and January 15th unless the original date was December 31 st of the earlier
<br />year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
<br />14. Po19111' U (ancel—CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date, If CLIENT exercises this option,
<br />CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee asset forth in Paragraph 3.1. I) 50%if cancellation occurs 30 or
<br />more days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100%thereafter. In the event CL.IEN'F emwcls
<br />the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages.. The Ibregoing represents a reasonable estimate of the
<br />damages PYRO will suffer if CLIENT cancels the Production.
<br />I S. Nit .1 Jlut. Venture It is agreed, nothing in this Agreement or in PYRO's performance ofthe Produclion shrill be consbued its forming a partnership or
<br />joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor wish CLIEiN'f and not an mnployce of CLIENT. Tho Parties hereto
<br />shell be severalty responsible for their own separate debts and obligations and neither Party shall be ]laid responsible for any agreements or obligations not
<br />expressly provided her herein.
<br />16. AUIBiyuhlu,.i..aw- This Agreement And the rights and obligations of the Parties hereunder shall be construed in accordance with the laws ofColilomii,
<br />It is further agreed that the Central .ludicial District of San Bemardino County, Califie nin, shall be proper venue for any such action. In the event that the scope of
<br />ilia Production is reduced by authorities having,jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement see
<br />enforceable.
<br />17, Notices- Any Notice to the Parties pet mitted or required under this Agreement may be given by mailing such Notice in the United Slates Mail,
<br />postage prepaid, ti ist class, addressed as ]allows: PYRO - Pyro Spectaculars, Inc,., P:O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N,
<br />Locus] Avenue, Rialto, California 92377. CLIENT— C'Rv aDSanm Ann 2U Aviv C'mRUr 1'Inxu SnUla Ara C, k 99270!
<br />PSI V-2021-2
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