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Pyro Spectaculars, Inc.
<br />P.O. Box 2329
<br />Rialto, CA 92377
<br />Tel: 909-355-8120 r:: Fax: 909-355-9813
<br />City of Santa Ana
<br />Program A, Revision # 6
<br />July 4, 2025
<br />Page 2 of 4
<br />8. j erigH - PYRO agrees to apply for permits 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 for obtaining
<br />any other necessary permits, paying associated fees, and malting other appropriate arrangements for Police Departments, other Fire Departments, road closures,
<br />evenVactivity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government,
<br />9. insurance - PYRO shall atoll times during the 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 liability under this
<br />Agreement with minimum policy limit of ulJ0,0p0 per occurrence and 4,000,000 aggregate; (2) automobile liability insurance with combined single limits no
<br />less than 1,000,000; (3) workers' compensation insurance per statue said employer liability insurance with limits no less than 1,000,000 per occurrence or claim
<br />and 2,000,000 aggregate. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property
<br />damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work.
<br />Such insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from failure of CLIENT to porrorm its obligations under this
<br />Agreement, coverage for which shall be provided by CLIENT.
<br />The coverage of these policies shall be subject to reasonable inspection by CLIENT, Certificates of Insurance evidencing the required coverage shall be famished
<br />to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured; CLIENT, its City Council, officials,
<br />officers, employees, aganls and volunteer, Sponsors, Landowners, Barge Owners, i f any; and Permitting Authorities, with respect to the operations of PYRO at the
<br />Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurawe required homily, shall secure, maintain and provide their own
<br />insurance coverage with respect to their respective operations and services, in compliance with the requirements under this Agreement
<br />10. Inde y,nihaatioii - PYRO represents and warrants that it is capable of furnishing 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 Indemnity,
<br />hold harmless, 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 the loss of life, personal injury, and/or damage to property, arising from or out
<br />of tile Produclinn and the presentation thereof to the extent such are occasioned by any act or emission or PYRO, their ofliecrs, agems; contractors, providers, or
<br />employees, CLIENT shall liidenildry, hold harmless, and defgrtd PYRO from and against any and all claims, actions, damages, liability and expenses, including
<br />but not limhod it), attorney and other professional fees and court costs in connection with the loss of life, personal Injury,.orultor damage to property, arising from
<br />or out of tine Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors,
<br />providers, or employees. In no event shall either party be liable for the consequential damages of the other party.
<br />IL I i ni ram of D sforOrifliday Breach - Except in the case of bodily injury and property damage as provided in the insurnnceand
<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 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, damages
<br />for loss of income, business or profits.
<br />12. Fnree iyla lame -CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, 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 forwhich CLIENT has purchased tho Production, or which may effector damage such portion ofthe exhibits as must be placod and exposed a
<br />necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production o0 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) reschedule the
<br />Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production said pay PYRO such sums as provided in Paragraph 14, based
<br />upon when the Production is canceled. -
<br />13. Rescheduling, Of Event - If CLIENT elects to reschedule the Production, PYRO shall be paid the original Pee plus all additional expenses made
<br />necessary by m5eleduling pus a 15%service No 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 dote taking into consideration avaiinbil try of permits, mnrerinls, equipmerd, transportation
<br />and labor. The Production shaft be rescheduled for a date notmore than 90 bays subsequent to the date first set for the Production. The Production shall not be
<br />rescheduled to it data, or for anevent, that historically has involved a fireworks production. The Production shalt not be rescheduled botween June I Stir and July
<br />15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier
<br />year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
<br />14. Rieht To Cmtcel —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 as set forth in Paragraph 3.1. 1) 50%if cancellation occurs 30 or
<br />more days prior to the scheduled dale, 2) 75% ifc:meollation occurs 15 to 29 days prior to the scheduled date, 3) 100%themaher. In the event CLIENT cancels
<br />the Production, it will be impractical or extremely dilticult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the
<br />damages PYRO will suffer if CLIENT cancels the Production,
<br />15. No Jnlnl Venture -It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or
<br />joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT, The 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 />16. Applicable Law -This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.
<br />It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of
<br />the Production is reduced by authorities having jurisdiction or by either Parry for safety concerns, the fill dollar amounts outlined in this Agreement are
<br />enforceable.
<br />17. Notices- Any Notice to the Parties permitted or required under this Agreement maybe given by mailing such Notice in the United States Mail,
<br />postage prepaid, first class, addressed as follows: PYRO— Pyro Spectaculars, Inc., PA, Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N.
<br />Locust Avenue, Rialto, California 92377. CLIENT— (,'try nl'Santa Aug 20 Chyle Center PlazaSanta Ann CA 927701,
<br />PSI V-2021.2
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