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Pyro Spectaculars North,Inc. Exhlb�t A CITY OF REDWOOD CITY
<br /> 5301 Lang Avenue PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENl
<br /> McClellan,AC95652 PROGRAM P
<br /> Tel:909-355-8120 Fax:909-355-9813 1ULY 4,2014
<br /> 3. ,�g�-PYRO and CLIENT shall each comply with applicable federal,state and local laws and regulations and
<br /> einploy safety programs and measures consistent with recognized applicable industry standards and practices. At all times
<br /> before and during the Produetion, it shall be within PYRO's sole discretion to determine whether or not the Production
<br /> may be safely discharged or continued. It shali not constitute a breach of this Agreement by PYRO for PYRO to deteimine
<br /> that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond
<br /> the reasonable control of PYRO.
<br /> 4. Sec_uritv-CLIENT shall provide adequate security personnel,barricades, and Police Department services as may
<br /> be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO
<br /> as the area for the set-up and discharge of the Production, including a fallout area satisfactory to PYRO where the
<br /> pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or
<br /> controlling CLIENT's other contractors,providers or volunteers; the publie; areas to which the public or contractors have
<br /> access;or any other public or contractor facilities associated with the Production.
<br /> 5. 1 an�n -PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any
<br /> live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be
<br /> required of the Production or set-up, discharge and fallout areas including any environmental clean up.
<br /> 6. � - PYRO agrees to apply for pernuts for the firing of pyrotechnics only fi-om the Redwood City Fire .
<br /> Department, FAA, and USCG, if required. CLIENT shall be responsible for obtaining any other necessary permits,
<br /> paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments,road
<br /> closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal
<br /> Government.
<br /> 7, insuranee-PYRO shall at all times during the performance of services herein ensure that the following insurance
<br /> is maintained in connection with PYRO's perfortnance of this Agreement: (1) commercial general liability inswance,
<br /> including products, completed operations, and contractual liability under this Agreement; (2) automobile liability
<br /> insurance, (3} workers' compensation insurance and employer liability insurance. Sucl� insurance is to protect CLIENT
<br /> from ciaims for bodily injury, including death,personal injury,and from claims of property damage,which may arise from
<br /> PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of
<br /> Work. Such insurance shall not include claims which arise from CLIENT's negligence or willful eonduct or from failure
<br /> 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 subjeet to reasonable inspection by CLIENT. Certificates of Insurance evidencing
<br /> the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall
<br /> include that the following are named as additionally insured: CLIENT,Port of Redwood City,Portside Investors,and their
<br /> officers, officials, employees, agents and volunteers; Sponsors, Landowners, Barge Owners, if any; and Permitting
<br /> Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any,
<br /> not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage
<br /> with respect to their respective operations and services.
<br /> 8, Indemnification - PYRO represents and warrants Chat it is capable of furnishing the necessary experience,
<br /> personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner.
<br /> Notwithstanding anything in this Agreement to the contraty, PYRO shall inderruiify, hold hannless, and defend CLIENT
<br /> and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but
<br /> not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury,
<br /> and/or damage to 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. CLIENT shall
<br /> indemnify,hold harmless,and defend PYRO from and against any and all claims,actions,damages,liability and expenses,
<br /> REV:04-08-14 MlG PYRO REV: 12-2-13 GB
<br /> ATTY/AGRf 2014.011/PYRO SPECTACULARS NORTH INC
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