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Pyro 5pectacithrs, life. City of Santa Ana
<br />P.(). [fox 2329 Program A
<br />Rialto, CA 92377 July 4, 2014
<br />Tel: 909- 355 -8120 :::: Pax: 909- 355 -9813 Page 2 of 4
<br />R. Permits - PYROagreesto apply for pennies for Ill f firing of pyrotechnics only nom the Orange Cott III )fire .kathorit) FAA, and USCG, ifragndred,
<br />CLIENT shall be responsible for airy fees associated with these permits met Lid ing standby tees, CLIENT shall be responsible for obtaining any other necessary
<br />permits, paying associated fees, and making other appropriate arrangements for Police Deptartments, other Fire Deparritwi , rend closures, event/activity or land
<br />use permits or any permission or permit required by any local, Regional, State or Federal C3000rnmeroh
<br />9, Insurance- PYRO shall at all times• during [Ile performance of services herein ensure that the following insurance is maintained in connection with
<br />PYRO's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liabiliryr under this
<br />Agreement{ (2) automobile liability insurance, (9) workers' compensation insurance and employer liability insurance., Such insurance is to protect CL.IEN "C form
<br />claims h>r bodily Injury, including death, personal injury, and form claims otproperty damage, which may In ise from PYRO's perlornotice of this Agreement,
<br />Only, The types and amounts of coverage shall be as set forth in the Scope of Work, Such insurance shall not include claines which arise From CLIEN'Ps
<br />negligence or willful conduct or from failure or CL1FN'F to perform its oblignot ns order this Agreement, coverage for which shall he provided by CLIENT.
<br />The coverage of these policies shall be subject to reasonable inspection by CLIENC, Cerdfieates of Insurance evidencing the required gcncNd liability coverage
<br />shill be furnished to CI.JEN'I prior to the rendering of services hereunder and shop include that the following are named as additionally insured: CLIENT;
<br />Sponsors, Landowners, Barge Owners, if illy; and Permitting Authorities, with respect to the operations of PYRO at the Prorluotion, Pyrotechnic subcontractors
<br />or providers, if fury, net covered under policies Of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their
<br />respective operations and services.
<br />10, Indern difictilon - PYRO represents and warrants this( it is capable of furnishing the necessary expericnce, personnel. equipment, materials, providers,
<br />and expertise to produce the Production in a safe =and profossional manner, Notwithstanding anything in this Agreement to [he contrary. PYR 0 shall indemniTy,
<br />hold harmless, and defend CLIENT and the additional imsurads 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 the loss of life, personal injury, nod /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 omission of PYRO. their ot7icars, agents, contractors, providers, or
<br />employees, C1,111WI'shall triennially, bold harmless, and deteod PYRO trom and against any and all claims, actions, danmges, liability and expenses, iueluding
<br />but not limited fin, attorney and other professional fees and court casts in connection with the loss of lift, personal injury, and /or damage to properly, arising Bout
<br />or out ol'the Production and the presentation thereof to the extent such ore occasioned by say act or omission of CUI:thh, Its offia;rs, agents, contractors.
<br />providers, or amployces, In no event shall editor party be liable for the consequential damages of the other party,
<br />11. Limitation of Damages for Ordinary Breach - Except in the case of bodily injury and property damage as Provi(dd in file insurance and
<br />indenmihoation provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has bleached this Agreement or was Otherwise negligent in
<br />perfbrni ne, the Production provided for herein, CLIENT shall not be entitled to clabn or recover monetary damages front PYRO beyond the amount CLIENT bus
<br />paid to PYRO raider flux Agreement, and shall not be entitled to claim or reoovor any consequential damagcs fronts PYRO including, without limitation, damages
<br />for loss of income, business or prohts.
<br />12, Fmje klaiem - C:LIENf agrees to assmne the risks ofweather, .strike, civil unrest, te[aoris;n, military action, governmental action, and any other
<br />causes beyond the control ntPYRO which may prevent the Production from helng sal'ily discharged on the .scheduled date, which [illy caus<die canoen it of
<br />any event foc.which CLIENT has purchased the Production, or which may object or damage such portion of the exhibits as must be placed and exposed a
<br />accessary time before the Produc[ian If, for any such reason, PYRO is not reasonably able to lately discharge the Production on the scheduled date, or at the
<br />scheduled time, or should any event for which CLIENT has purchased the Prodnstionbe canceled as a result of such causes, CLIENT may (i) reschedule the
<br />Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as movidcel In Paragraph 14, based
<br />upon when the Production is canceled.. ,
<br />13. Rescheduling Of Event- if ctop"N f elects to reschedule the Production, PYRO shall be paid the original Poe plus all additional expenses made
<br />necessary by rescheduling plus a 15% service fee od such additional expenses, Said expenses will be invoiced separately and payment.will be due in full within 5
<br />days of reooipt, CLIENT mid PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation
<br />and labor. 'the Production shall be rescheduled for a date not more than 90 Days subsequent to the dale first set for the Production. The Production shall not be
<br />rescheduled to a date, or for au event, that historically has involved a fireworks production, The Production shall not be rescheduled between June 15th and July
<br />15th unless the original date was July 4th of that seine year, orbetween December 15th and January 151a unless [lie original date was December 3lst Little earlier
<br />year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods,
<br />14; Righ['PO Cancel - CLIENTshall have the option to unilaterally cmwel the Production prior to the scheduled date, Jf CI.,IEN'f exercises this option,
<br />CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Pee ns act torch in Paragraph 3,1, I) 50% if cancellation occurs 30 to 90
<br />days prior to the scheduled date, 2) 751/o if cancellation occurs ) S to 19 days prior to the scheduled date, 3) 100% thereafter, In file event CLIENT cancels the
<br />Production, it will be impractical or extremely difficult io fix actual amount of PYRO's damages. The foregoingreprescnis a reasonable estimate ofthe damages
<br />PYRO will suffer if CLIENT cancels the Production,
<br />15, No Johd Venture - It is agreed, nothing in this Agreement no in PYRO's performance of the Production shall be construed as forming a parmecship or
<br />joint venture between CLIENT and PYRO. PYRO shall be end is uh independent contractor with CLIENT and not an anhployco OfCLIENf, 'tile Parties hereto
<br />shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not
<br />expressly provided for herein.
<br />lo, Appleabte Lo This Agreement antl [he rights and obligations of the I'artica hefeuadlr shall be construed in accordance %title the Ines ofCallhhrnia,
<br />It Is fmnher 111'rced dint the Ccnnel lodiwal Distract of San Bernarrlino County, C'ahlbriva, ,shall be proper venue fix all such achan.III the event that the scope of
<br />the Production is reduced by author ^tfics havingjurisdiction or by cadger Pang forsafets coneerns, [lie rull dollar amounts muff fined in Ibis Acsvcnumt are
<br />cnfsrceable,
<br />17 Notecs - Am Notice to the Parties irvuliaee orrequired under dis Ayrceme ill may he wvun by marling sucb Notice in the United Begets kill
<br />poslage prapo d_ first class, add[esscd as folloa°s PYRO - Pym Speuovula[s. hell Ps) Box 2329, 12[aho e alifanua 92377 or lira o right dnheere to ) 196 N-
<br />Locaer Avenue. Rialto. C ahlornla 92377. C t,if N I, cdy, or Santa All, V ([>Lic�cntu P ,[ ''n to fA la C'V 9T7a I
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