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RPP NO,: 17 -01,1
<br />Pyro Spectaculars, lne. City of Santa Ann
<br />P.O. Box 2329 Program #A, Rev, # 3
<br />Rialto, CA 92377 July 0,1, 2017
<br />Tel: 909 -355 -8120 :::: Pax: 909. 355-9813 Page 2 of'S
<br />7. Cle anup - PYRO shall be responsible for the rernovad of all equipment provided by PYRO and clean up crony live pyrotechnic debris made necessary
<br />by PYRO, CLIENT shall be responsible for any other clear up which may be required orthe Production ar sat -up, discharge and fallout areas including any
<br />environmental clean -up.
<br />$, tar Ill ,v- PYRO agrees to apply for permits for the firing of pyrotechnics only from the ORANGE COUNTY FIRE AUTHORITY, FAA, and
<br />USCG, ifrequin'ed, CL1EiJ -P shall be responsible for any fees associated with these pannits Including sundry fees. CLIENT'shall be responsiblo For obtaining
<br />any other necessary permits, paying associated fees, land making other appropriate arrangements Rir Police Departments, other Fire Departments, road closures,
<br />event/aetivity or land Ilse permits or any permission or permit required by any Local, Regional, State or Flahoral Government,
<br />9. r. IIA tycg - PYRO shall at all limes during Elio port'onnatao of services herein ensure that the following asurance is maintained in connection with
<br />PYRO's performanoc of dos Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this
<br />Agreement; (2) automobile liability Insurance, (3) workors' compensation insurance and employer liability Insurance, Such Insurance is to protect CLIENT from
<br />claiins for bodily injury, Including donut, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement,
<br />only. 'file types and amounts of coverage shall be as set forth in the Scope of Work. Such insuranco shall not Include claims which arise treat CLIENT's
<br />negligence or willful conductor from failure ol'CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.
<br />The covvrugo or (base policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage
<br />shell be furnished to CLIENT prfur to the rendering ofservices hereunder and shall include that the following ore named as additionally insured: CLIENT;
<br />Sponsors, Landowners, Surge Owners, irany; and Permitting Authorities, with respect to rho operations of PYRO at Elio Production. Pyrotechnic subcontractors
<br />or providers, if any, not covered under policies of insurance ruqubad hereby, shall secure, maintain and provide thch own insurance coverage with rupeot to their
<br />respective operations and services. Pyro shall give written notice to CLIENT within rive (5) business days ofgiving or receiving notice of material alteadion,
<br />cancellation, non renewal or expiration of coverage from carrier.
<br />10. it dgI nn 0 • Im • PYRO represents and warrants that it is capable of furnishing the necessary oxperharo, personnel, Cqulpon at, materials, providers,
<br />and expertise to produce the Production In it safe and professional annular. Notwithstanding anything in this Ancoment to the contrary, PYRO shall utdannify,
<br />hold harmless, and defend CLIENT and ilia additional insureds from and against any and all clahns, actions, damages, liabilities and expenses, including but not
<br />limited to, aurrmay and other professional too$ and court costs, in connection with the loss of life, personal injury, and /or damage to property, arising front or Out
<br />of the Production and thtt presentation thereof to the extent such are occasioned by tiny net or moisslon of PYRO, their officers, agents, contractor's, providers, or
<br />employees. CLIENT shall indmurdfy; hold haanles% and defend PYRO than and against any and rill claims, actions, damages, liability and expanses, including
<br />but not limited to, fromney and other professional fees and count costs in connection with the loss of life, personal Injury, and /or damage to property, arising from
<br />Of our' orthe Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT. Its of call, agents, contractors,
<br />providers, or employees. In no event shall either party be liable fordnc oonscqucntlal damages of the olher party.
<br />I h hlnrlf10jpp,gr [Y a n& inn ),,rt i ar x liretrgj - 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 />performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond ilia anoint CLIENT has
<br />paid to PYRO under this Agrocmenf, and shall not be entitled to oluine or recover any consequential damages from PYRO including, without lillotation, damages
<br />for loss of income, business or profits.
<br />12. EaLea M1tnicnre - CLIENT agrees to assume the risks of weaale r, strike, civil unrest, terrorism, military action, governmental action, and any other
<br />valises beyond the control of PYRO which may prevent the Production firm 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 ilia exhibits its must be placed and exposed a
<br />necessary time Dottie tine Production, If, for any such reason, PYRO is not reasonably able toaalely discharge the Production on the scheduled date, or 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 (i) resohodule the
<br />Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel ilia Production and pay PYRO such suers as provided !it Paragraph 14, based
<br />upon when the Production is canceled.
<br />13. 11eapire a I r (,jJ;,ts'�- If CLIH,NT elects to reschedule the Production, PYRO shall be paid the original Pao plus all additional census made
<br />necessary by rescheduling plus a 15 service fee on such additional expenses. Said expenses will be,, invoiced separately and payment will be due in fall within 5
<br />days of os aim. C,LIEN1' and PYRO shall agroe upon the rescheduled date taking Into oonsidoration availability of permits, materials, equipment, transportation
<br />and Jober.'The Production .shall be rscheduled for a date not more than 90 Days subsequent to tine date first sot for the Production, The Production shall not be
<br />rescheduled to it date, or for an event, that historically has involved it fireworks production, The Production shrill not be rescheduled between June 1.50) and Ally
<br />I SEE) unless the original date was July 41 orthat same year, or between December 15th and January I Sth unless the original date was December 3 tat of the earlier
<br />year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods,
<br />14, JW, iLTILElgal — CLIENT shall have the option to unilaterally auroal the Production prior to the scheduled date, If CLIENT exercises this option,
<br />CLIENT agrees to pay to PYRO, as liquidated damages, toe following percentages of the Fee as set forth In Paragraph 3.1. 1) 50% if cancellartien Occurs 30 to 90
<br />days prior to the scheduled data, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled ditto, 3) 100% thereafter. In the event CLIENT cancels the
<br />Production, It will be impractical or extremely ditlfoult to fix actual amount of PYRO's damages. file foregoing represents it reasonable estimate of the damages
<br />PYRO will suffer if CLIP.,N'1'caucala the Production.
<br />15. Np,,,,jnir t Vr. rta - It is agreed, nothing In this Agreement or in PYRO's perhannanee of Elie Production shall be construed as running a partnership or
<br />joint venture between CLIENT and PYRO. PYRO steal I be and is an independent co laracter with CLI ENT and not tin employee ofCLIENT. The Parties hereto
<br />shall he severally responsible for their own separate debts and obligations and neither Patty shall be held responsible for any agroements or obligations not
<br />expressly provided for herein.
<br />16 Agnyllcg I I•aw -This Agreement and the rights and obligations of the Parties hereunder shot[ be construed in accordance with ilia laws of California.
<br />It is had ter agreed that the Central Judicial District of San FiGnU rdiuo County, CaIiPomia, shall be proper venue for any such rich oil. In the event that One scope of
<br />Ilia Production is reduced by authorities having,lurisdiction or by either Party for safety concerns, the ill dollar amounts outlined in this Agreement are
<br />enforceable,
<br />PS v I -2e 25E -4
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