Agmt15 Pyro Spectaculars North, Inc.

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Pyro Spectaculars North,lnc. 5301 LangAvenue Exhibit A CITY OF REDWOOD CITY McClellan,AC 95652 PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Tel:909-355-8120 Fax:909-355-9813 PROGRAM A J U LY 4,2015 the following percentages of the Fee as set forth in Paragraph 3.1. 1) 25% if cancellation occurs 30 to 90 days prior to the scheduled date, 2) 50% if cancellation accurs 1 S to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the Production, it will be impractical or extremety difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Froduction. 13. Na Joint Venture - It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or joint venture between CL[ENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of GLIENT. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein. 14. AQ�licable I.`-This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable. I5. j�g�- Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, certified, return receipt requested, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectacatars North, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N. Locust Avenue, Rialto, California 92377. CLIENT -Ci of Redwood City, Farks, Recreation and Community Services Department, Attn: Chris Beth, Director, 1400 Roosevelt Ave.,Redwood City,CA 94061. 16. Modification of Terms - Atl terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 17, Severabilitv - If there is mare than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shali become ef�ective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto, Califomia. This Agreement may be executed in several counterparts, including faxed and emailed copies,each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns. Redwoad City requires a signed agreement by PYRO prior to submission of the Agreement to City Council for approval,which PYRO agrees to provide. 18. Price Firm - If any changes or alterations are made by CLIENT to this Agreement or if khis Agreement is not executed by CL[ENT and delivered to PYRO on or before the PRICE FIRM date shown below, then the price,date,and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days foliowing delivery to PYRO af the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice,and this Agreement shall be void. REV:02-12-15 ML6 ATfY/AGR.2015.029/PyroSpectaculars P��3 of 13