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Pyro Spectaculars North,Inc.
<br /> 53011angAvenue Exhibit A CITYOFREDWOOOCITY
<br /> McCiellan,AC45652 PARKS, RECREATION AND COMMUNITY SERVICES �EPARTMENT
<br /> Tel:909-355-8120 Fax:909-355-9813 PROGRAM A
<br /> J U lY 4,2015
<br /> 8. Indemnification - PYRO represents and warrants that it is capable of furnishing the
<br /> necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production
<br /> in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYR�
<br /> shall indemnify, hoid harmless, and defend CLIENT and khe additional insureds from and against any and
<br /> all claims, actions, damages, liabilities a�d expenses, including but not limited to, attorney and other
<br /> professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to
<br /> property, arising from or out of the Production and the presentation thereof to the extent such are
<br /> occasioned by any act or omission oF PYRO, their officers, agents, contractors, providers, or employees.
<br /> CLIENT shall indemnify, hald harmless, and defend PYRO fram and against any and all claims, actions,
<br /> damages, liability and expenses, including but not limited to,attorney and other professional fees and court
<br /> costs in connection with the loss of life,personal injury, and/or damage to property,arising from those acts
<br /> agreed to be performed by City in this Agreement to the extent such are occasioned by any act or omission
<br /> of CLIENT, its offcers, agents, contractors, providers, or employees. in no event shall either party be
<br /> liable for the consequential damages of the other party.
<br /> 9. I.imitation of Damages for OrrLnarv Breach - Except in the case of bodily injury and
<br /> praperty damage as provided in the insurance and indemnification provisions in this Agreement, in the
<br /> event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in perfvrming
<br /> the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages
<br /> from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be
<br /> entitled to claim or recover any consequential dacnages from PYRO including, without limitation,damages
<br /> for loss of income,business or profits.
<br /> 10. Force Maieure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism,
<br /> military action, governmental action, and any other causes beyond the control of PYRO which may
<br /> prevent the Produciion from being safe(y discharged on the scheduled date, which may cause the
<br /> cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage
<br /> such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for
<br /> any such reason, PYRO is not reasonably abte to safely discharge the Production on the scheduled date,or at
<br /> the scheduled time, or should any event far which CLIENT has purchased the Production be canceled as a
<br /> result of such causes, CLIENT may(i) reschedule the Production and pay PYRO such surns as provided in
<br /> paragraph
<br /> 1 1, or(ii)cancel the Production and pay PYRO such sums as provided in Paragraph 12, based upon when
<br /> the Production is canceled.
<br /> 11. Rescheduling Of Event - If CL�NT etects to reschedule the Production, PYRO shall be paid the
<br /> original Fee pius all additional expenses made necessary by rescheduling plus a I S% service fee on such
<br /> additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5
<br /> days of receipt. CLIEN"T and PYRO shall agree upon the rescheduled date taking into consideration
<br /> availability af pernuts, materials,equipment, transportation and labor. T'he Production shall be rescheduted
<br /> for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall
<br /> not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The
<br /> Production shall not be rescheduled between June I Sth and July 1 Sth unless the original date was July 4th of
<br /> that same year, or between December l5th and January ISth unless the original date was December 31st of
<br /> the earlier year unless PYRO agrees that such rescheduling wi11 not adversety affect nom�al business
<br /> operations during those periods.
<br /> l2. Right To Caneel—CLIENT shall have the option to unilaterally cancel the Production prior to the
<br /> scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages,
<br /> REV:02-12-15 ML6
<br /> ATTY/AGR.2015.029/PyraSpectaculars Page�2 of 13
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