Western Display Fireworks Ltd 2/8/2021

C_a p.o, box 932 canby oregon 97013 office 503.656.1999 fax 503,656.6628 infoiamesterndisplay.com PAGE 2 CID [1d deliver to the Sponsor's Risk Manager a true copy of an endorsement in a form acceptable to Sponsor (1) naming the "City of Everett, their officers, employees, agents, and volunteers" as Additional Insureds on the Commercial General Liability Insurance policy with respect to the operations performed and services provided under this Agreement and (2) providing that such LJJ insurance shall apply as primary insurance on behalf of such Additional Insureds. Receipt by Sponsor of any certificate or endorsement showing less coverage than required is not a waiver of WESTERN's obligations to fulfill these requirements. If WESTERN fails to satisfy the requirements of this Section 5, Sponsor may at any time prior to the fireworks display terminate this Agreement effective on delivery of written notice to WESTERN, in which case WESTERN shall refund any funds i paid to WESTERN by Sponsor under this Agreement and the parties will have no further obligations under this agreement. 6. Indemnification. WESTERN shall defend and indemnify the Sponsor and its officers, employees, agents and volunteers from any and all claims, losses or liabilities arising from or relating to this agreement to the extent such claims, losses or liabilities are caused by WESTERN's negligence, intentional misconduct, breach of this Agreement or violation of any applicable laws, regulations or j, I l ordinances. 7. Compliance with Laws. a. Sponsor Responsibilities: SPONSOR agrees to perform their requirements in accordance with NFPA 1123 OUTDOOR DISPLAY OF FIREWORKS 2014 Edition (National Fire Protection Association) SPONSOR has consulted with the Authority Having Jurisdiction (AHJ) to determine the level of fire protection required to provide adequate fire protection for the Display and Western agrees that such consultation was accomplished and the level of fire protection for the Display is adequate. The following shall apply to crowd control: (1) Monitors whose sole duty is the enforcement of crowd control shall be located around the display site and at other locations as determined by the SPONSOR. (2) The AHJ and WESTERN shall approve the provisions for crowd control. Monitors shall be positioned around the display site to prevent spectators or any other unauthorized persons from entering the discharge site. (3) Where required by the AHJ, approved delineators or barriers shall be used to aid in crowd control. (4) Unescorted public access to the discharge site shall not be permitted where pyrotechnic materials are present during the period before the display. (5) The discharge site shall be restricted throughout the display and until the discharge site has been inspected by WESTERN after the display. (See Exhibit B—Display Site Map) b. Western's Responsibilities: Western shall secure and maintain any and all licenses, permits or certificates that may be required by any regulatory body having jurisdiction over the materials or performance of the services herein contemplated unless otherwise noted above in Sponsor duties. Western shall exercise full and complete authority over its personnel, shall comply with all workmen's compensation, employer's liability and other federal, state, county and municipal laws, ordinances, rules and regulations required of an employer performing such services,and shall make all reports and remit all withholdings or other deductions from the compensation paid its personnel as may be required by any federal, state, county or municipal law, ordinance, rule or regulation. Western is responsible to insure that all materials and services supplied under this Agreement comply with all laws, rules and regulations of the State and the federal government relating thereto.