|
Pyro Spectaculars North,�n�. Exhibit A CITY OE REDWOOD CITY
<br /> 5301 Lang Avenue PARKS,RECREATION AND COMMUNITY SERVICES DEPARTMENI
<br /> McClellan,AC 95652 PROGRAM P
<br /> Tel:909-355-8120 Fax:9Q9-355-9813 JULY 4,2014
<br /> including but not limited to,attorney and other professional fees and court costs in connection with the loss of life,personal
<br /> injury, and/or damage to property, arising from those acts agreed to be perforrned by City in this Agreement to the extent
<br /> such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no
<br /> event shall either party be liable for the consequential damages of the other party.
<br /> 9, i.imitation of i�amagec for Ordinarv Breach - Except in the case of bodily injury and property damage as
<br /> provided in the insurance and indemnification provisions in this Agreement, in the event CLIENT claims that PYRO has
<br /> breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not
<br /> be entitled to claim or recover monetary dainages from PYRO beyond the amount CLIENT has paid to PYRO under this
<br /> Agreement, and shall not be entitled to claim or recover any consequential damages fi�om PYRO including, without
<br /> lirnitation, damages for loss of income,business or profits.
<br /> 10. Force Majeure - CLIENT agrees to assume the risks of weather, strike, civil um�est, terrorism, military action,
<br /> governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being
<br /> safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased
<br /> the Production, or which may affect or darnage such portion of the exhibits as must be placed and exposed a necessary
<br /> time before the Production. If,for any such reason,PYRO is not reasonably able to safely discharge the Production on the
<br /> scheduled date, or at the scheduled time,ar should any event for which CLiENT has purchased the Production be canceled
<br /> as a result of such causes,CLIENT may(i)reschedule the Production and pay PYRO such sums as provided in paragraph
<br /> 1 l, or(ii) cancel the Produetion and pay PYRO such sums as provided in Paragraph 12,based upon when the Production
<br /> is eaneeled.
<br /> 11. ReschedLling Of ,vent - If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee
<br /> plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said
<br /> expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall
<br /> agree upon the rescheduled date taking into consideration availability of permits,materials, equipment,transportation and
<br /> labor. The Productian shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the
<br /> Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks
<br /> production.The Production shal( not be rescheduled between June 15th and July 15th unless the original date was July 4th
<br /> of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier
<br /> year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
<br /> 12. Right To Cancel—CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date.
<br /> If CLIENT exercises this option,CL]ENT agrees to pay to PYRO, as liquidated damages,the following percentages of the
<br /> Fee as set forth in Paragraph 3.1. 1) 25°lo if cancellation occurs 30 to 90 days prior to the seheduled date, 2) 50% if
<br /> cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the
<br /> Production,it will be impractical or ext��emely difficult to fix actual amount of PYRO's damages. The foregoing represents
<br /> a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production.
<br /> 13. No Joint Venture-It is agreed, nothing in this Agreeinent or in PYRO's performance of the Production shall be
<br /> construed as forming a partnership or joint venture between CLTENT and PYRO. PYRO shall be and is an independent
<br /> contractor with CLIENT and not an employee of CLIENT.The Parties hereto shall be severally responsible for their own
<br /> separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly
<br /> provided for herein.
<br /> 14. An,nlicat►le i,aw -This Agreement and the rights and obligations of the Parties hereunder shall be construed in
<br /> accordance with the laws of California. In the event that the scope of the Production is reduced by authorities having
<br /> jurisdiction or by either Party for safety concerns,the full dollar amounts outlined in this Agreement are enforceable.
<br /> REV:04-08-14 MLG PYRO REV:12-2-13 GB
<br /> ATTY/A6R/2014.011/PYRO SPECTACULARS NORTH INC
<br /> . Page 12 of 13
<br />
|