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Pyro Spectaculars North,Inc. CITY Of REdWaO�CITY
<br /> 5301 LangAvenue PARKS,REGRE7#TION AND CGIMMUNITY SERVICES DEPARTMENT
<br /> n�cci���an,AC956S7 EXIl1I�l� A P'ROGRAM A
<br /> Tel:909-355-8120�ax:909-355-9$13 JUIY 4,28i5
<br /> $. Indemrri#icatinn - PYRO represents and warrants that it is c�p�ble af fi►rnishing the
<br /> necessary e�cperience,personnel,squipment}rr►aterials,providers,and expertise to praduce tl�e Production
<br /> in a safe anci professional ma�ner. Nalwithstanding anytbing in this Agreeznent to the cc�ntrary, PYR�
<br /> �ha11 indenanify,holdharmless,and defend CLIENT and the additional insureds from and against any and
<br /> all elaims, ac#io�s, damages, liabilities aaad expenses, including but not limi#ed to, attorne�+ and ather
<br /> professianal fees and court costs, in Gonnectaon with the loss af life, persanal injury, andtor damage to
<br /> property, arising fram c�r aut af the Frc�uction and che presentation thereof to the extent such are
<br /> occasioned by any aet or omission of PYRO, their c�fficers, agents,contractc�rs, providers, or employees.
<br /> GLIENT shall indemnify, hold l�armiess, and defend PYRO from and against any and all aiairns, acti9ns,
<br /> damages,liability�nd expenses,including but nat limited to,attomeyand other professional fees and court
<br /> costs in con�ectian with the lc�ss oflife,persanal injury,an+�ilor damage ta property,arising from thase acts
<br /> agreed to be performed by City in this Agreement to the extent such are occasioned by any act or
<br /> amission o€CLIENT, its officers, agenis, contractors, providers, or employees. In no event shall either
<br /> P��3'be liable for th�consequentiial damages nf the other parry.
<br /> 9. Lj�ita�j;�,� ,{��ges for Ordinarv each - Except in the case of baciily injury and
<br /> progerty tiamage as provided in the insurance and indemnificatian provisians in this Agreemes�t, in the
<br /> euent CLTE�+1T claims that PYRO ha�breach�i this Agre�ement or was otFzerwise negligent in perforcning
<br /> the Production prorraided for herein, CLIENT shall not be er�titled to elairn or recover nnane�ary damages
<br /> from FYR(� beyond the arnount CLIEl�TT has paid ta PYRO under this Agreernent, and sha1l not be
<br /> eniitled to claiin ar rec�ver any cansec}uential damages frorn PYRO including, withaut limitation,
<br /> ciamages for loss of incotne,bnsiness or prafits.
<br /> 10. Farce Ma�eure-CLIENT agcees tt�assume the risks of weather, strike,civil unr�st, kerrorism,
<br /> miiitary action, governmental aetion, and any other causes beyond the control of PYRO which may
<br /> prevebt the Fraduction from being saf�ly dischar�ed on the scheduled date, which may cause the
<br /> cancellation of any event for which GLIENT has purchased khe Praduction, or which may affect or
<br /> darnage such portion of the exhibits as must be placed and expased a n�cessary tirne before the
<br /> Produetion. If,fnr any such reasan,i'YRO is nat r�asanabty able to safely disehar�e the Production on the
<br /> scheduled date, or at the scheduled time, or should any event for which CLtENT has purchased tl�e
<br /> Praductian be canceled as a result of such causes, CLIENT may (i) reschedule the Prvduction and pay
<br /> P1'RO such su as provideci in paragraph
<br /> 11,ar(ii}c�cel the Production and pay I'YRO such sums as provided in Paragraph l2,based ugon when
<br /> the Prodr�ction is car�,cel�d.
<br /> 11, ??eechedtaling{]f'+:v n -If CI,IENT elects to reschedule the Production, PYRO shall k�paid
<br /> the original Fee plus alt addirional expenses made nec�ssary by rescheduling plus a 15°/a service fe� an
<br /> such additional expenses. Said expenses wilt be invcriccd separateiy �nd payment will be due in fu11
<br /> within 5 days of receipt. GLTENT and PYRO shall agree upon the rescheduled date taking into
<br /> cansiderat�on availability of perrnits,materials,equipment,transportation and labor.The I'roduction sha11
<br /> be rescheduled for a date nat mare tt�an 90 Days subsequent to the date first set f�r the Productic�n. The
<br /> Production shall�ot be rescheduled tn a date,at for a� evet�C,t�rat histar�cally has inv�lved a firevvork�
<br /> prp�iuction. The Produciion shall nvt be resc�eduled between June 15th and July 1 Sth unless the ari�inal
<br /> date was July�th �f tihat sarne year,crr between Deeember 15tt�and January 1 Sth unless the origin�l date
<br /> was December 31 st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect
<br /> nnrr�al business operatians during those periods,
<br /> �Z. �igE�t Tc►�anc�l—CL[ENT shall have the aption to unilateralEy canccl the�roduction privr to the
<br /> scheduled date.If CLI�NT exercises this opticrr�,CLIEi�T agrees to pay to PYRO,as liquic�ated darnages,
<br /> fhe follawing percentages�f the Fee as set forth in Paragraph 3.l. 1} 25% if cancellatian occurs 30 to
<br /> 9Q tiays priar to the scheduled date, 2) SQ°lo if cancellation occurs 15 to 29 days prior to the
<br /> scheduled date, 3) 1 U0% thexeaf�er. In the event CLIEI*I'T cancels the Production,it wiil be impractical
<br /> REV:p4-1$-16�F
<br /> ATTY/AGF22016.0781Pyrospectaculars North, In��t2 of 13
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