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Corporate Offices: 2102 Kelley Court  Pittsburg, CA 94565  510-523-8900 p  925-296-0543 f <br />MEOPS060 <br />Rev 06.20.2017 Page 5 of 11 <br />(1). General Liability of 1,000,000 <br />(2). Excess/Umbrella Liability of 4,000,000 <br />(3). Hull & Machinery coverage Declared <br />(4). P&I Policy – 1,000,000 <br />Pollution Policy (OPA and CERCLA) – 5,000,000 <br />B. Charterer. Charterer shall, at its sole expense, through and by Subcharterer Pyro Spectaculars North, Inc. <br />procure and maintain the following insurances with respect to vessels at all times while performing hereunder: <br />(1). Marine General Liability of 1,000,000 with watercraft exclusion deleted <br />(2). Excess/Umbrella Liability of 4,000,000 <br />(3). Charter’s Liability Tug Marin Sunshine 1.5M - Barge 105 $500,000.00 <br />(4). Fireworks Display Insurance of $1,000,000.00 <br />(5). Automobile Insurance 1,000,000 <br />(6). Workmen’s Comp including USL&H/MEL <br />C. Conditions. Each policy shall be endorsed to waive subrogation against the non-procuring party; further more <br />each policy shall be endorsed to name as an additional insured the non-procuring party. Each policy shall be <br />additionally endorsed to require ten (10) days advance written notice to both parties in the event of any non- <br />renewal, cancellation or other material change in policy terms or conditions. Each policy shall be upon forms <br />and with underwriting security acceptable to the non-procuring party; prior to commencement of services, each <br />party shall provide the other with certificate(s) of insurance confirming the foregoing insurance requirements. <br />Failure of Insurance. Each party shall indemnify and hold harmless (including legal fees and costs) the other <br />party of and from any deductible or premium obligation allocated to it, from the failure to provide or maintain <br />any insurance as required, from the failure (for any reason) of any insurance required of it, and/or from any other <br />breach of this insurance section; the foregoing indemnification shall cover any breach of warranty or other policy <br />condition. <br />9. Force Majeure <br />Neither party shall be responsible for delay or failure to perform caused by: acts of God; peril of the sea; adverse weather <br />conditions; error in the navigation or management of a Vessel; breakdown or defect in the hull, machinery, equipment, <br />hawsers or lines not resulting from a lack of due diligence to make the same seaworthy prior to commencement of the <br />voyage; strike or labor trouble; hostility, war, restraint or seizure by government or belligerent party; riot or civil commotion; <br />theft or pilferage; epidemic; quarantine; embargo; deviation in attempt to save life or property at sea; fire or explosion; <br />and/or any other cause or circumstance beyond the actual direct control of a party. <br />10. Cancellation and Termination <br />Charterer may cancel a Time / spot charter Certificate by giving 10 days written notice thereof to Owner, provided that if <br />such cancellation occurs after the Vessels have departed Charterer shall pay Owner hire for all time between such departure <br />ATTY/AGR./Marine Express (Page 5 of 11)