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Pyre Spectaculars,Inc. City of Santa Ana
<br /> P.O.Box 2329 Program A,Revision#5
<br /> Rialto,CA 92377 July 4,2026
<br /> Tel:909-355-8120 ::::Fax:909-355-9813 Page 2 of
<br /> 8. Permits-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 making other appropriate arrangements for Police Departments,other Fire Departments,road closures,
<br /> event(activity or land use permits or any permission or permit required by any Local,Regional,State or Federal Government.
<br /> 9. Insurance-PYRO shall at all 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;(2)automobile liability insurance,(3)workers'compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from i
<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, 11
<br /> only. The types and amounts of coverage shall be as set forth it the Scope of Work. Such insurance shall not include claims which arise from CLIENT's
<br /> negligence or willful conduct or from failure of CLIENT to perform its obligations under this 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 general liability coverage
<br /> shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are 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,shall secure,maintain and provide their own insurance coverage with respect to their i
<br /> respective operations and services.
<br /> Other Insurance Provisions
<br /> The above required insurance policies are to contain or be endorsed to contain the following provisions:
<br /> 1. City,its City Council,its officers,officials,employees,agents,and volunteers are to be covered as additional insureds,under PYRO's CGL and AL
<br /> policies,with respect to any liability arising out of work or operations performed by or on behalf of the PYRO including materials,parts,equipment,
<br /> and personnel furnished in connection with such work or operations. i
<br /> 2. PYRO's Insurance company(ies)agrees to waive all rights of subrogation against City,its City Council,its officers,officials,employees,agents,and
<br /> volunteers for losses paid under the terms of the PYRO's CGL,AL,and WC policies which arise from work performed by PYRO under this
<br /> Agreement
<br /> 3. For any claims related to this contract,PYRO's insurance coverage shall be primary and any insurance maintained by City,its City Council,its f
<br /> officers,officials,employees,agents,or volunteers shall not contribute with it. i
<br /> 4. A severability of interest provision must apply for all the additional insureds on Pyro's Commercial General Liability and Workers Compensation
<br /> policies only,ensuring that PYRO's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with
<br /> respect to the insurer's limits of liability.
<br /> 5, insurance policies required herein shall provide that coverage shall not be canceled,suspended,voided,reduced in coverage or in limits,non-renewed
<br /> by the carrier,or materially changed except after thirty(30)days prior written notice has been given to City.Teri(10)days prior written notice shall be
<br /> provided to City for policy cancellation or non-renewal due to non-payment of premium.
<br /> 10. Indemnification-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 indemnify,
<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 the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO,their officers,agents,contractors,providers,or
<br /> employees. CLIENT shall indemnify,hold harmless,and defend PYRO from and against any and all claims,actions,damages,liability and 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,contractors,
<br /> providers,or employees. In no event shall either 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 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 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, Force Maieure-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 for which CLIENT has purchased the Production,or which may affect or damage such portion of the exhibits as must 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 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 and 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 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 be due in full within 5
<br /> days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits,materials,equipment,transportation
<br /> and Iabor,The Production shall be rescheduled for a date not more 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 Production shall not be rescheduled between June 15th 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, Right To Cancel—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, 1)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 CLIENT cancels
<br /> the Production,it will be impractical or extremely difficult 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 /> PSI V-2021-2
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