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f . p.o. box 932 cabby oregon 97013 office 503.656.1999 fax 503.656.6628 infoicewesternciisplay.com <br /> PAGE 2 <br /> U) <br /> of an endorsement in a form acceptable to the Sponsor(1) naming the"City of Everett,their officers, <br /> OIN employees, agents, and volunteers" as Additional Insureds on the Commercial General Liability <br /> Ns <br /> Insurance policy with respect to the operations performed and services provided under this <br /> agreement and (2) providing that such insurance shall apply as primary insurance on behalf of such <br /> w Additional Insureds. Receipt by Sponsor of any certificate or endorsement showing less coverage than <br /> required is not a waiver of WESTERN's obligations to fulfill these requirements. If WESTERN fails to <br /> satisfy the requirements of this Section 9, Sponsor may at any time prior to the fireworks display <br /> terminate this agreement effective on delivery of written notice to WESTERN,in which case WESTERN <br /> shall refund any funds paid to WESTERN by Sponsor under this agreement and the parties will have <br /> no further obligations under this agreement. <br /> ( 6. Indemnification. WESTERN shall defend and indemnify the Sponsor, it's officers, employees, agents <br /> and volunteers from any and all claims, losses or liabilities arising from or relating to this agreement <br /> to the extent such claims, losses or liabilities are caused by WESTERN's negligence, intentional <br /> misconduct, breach of this agreement or violation of any applicable laws, regulations or ordinances. <br /> t I) 7. Compliance with Laws. <br /> a. Sponsor Responsibilities:SPONSOR agrees to perform their requirements in accordance with NFPA <br /> 1123 OUTDOOR DISPLAY OF FIREWORKS 2022 Edition (National Fire Protection Association) <br /> SPONSOR has consulted with the Authority Having Jurisdiction (AHJ)to determine the level of fire <br /> protection required to provide adequate fire protection for the Display and Western agrees that <br /> such consultation was accomplished and the level of fire protection for the Display is adequate. <br /> The following shall apply to crowd control: (1) Monitors whose sole duty is the enforcement of <br /> crowd control shall be located around the display site and at other locations as determined by the <br /> SPONSOR. (2) The AHJ and WESTERN shall approve the provisions for crowd control. Monitors <br /> shall be positioned around the display site to prevent spectators or any other unauthorized <br /> persons from entering the discharge site. (3)Where required by the AHJ, approved delineators or <br /> barriers shall be used to aid in crowd control. (4) Unescorted public access to the discharge site <br /> shall not be permitted where pyrotechnic materials are present during the period before the <br /> display. (5) The discharge site shall be restricted throughout the display and until the discharge <br /> site has been inspected by WESTERN after the display. (See Exhibit A—Display Site Map) <br /> b. Western's Responsibilities: Western shall secure and maintain any and all licenses, permits or <br /> certificates that may be required by any regulatory body having jurisdiction over the materials or <br /> performance of the services herein contemplated unless otherwise noted above in Sponsor duties. <br /> Western shall exercise full and complete authority over its personnel,shall comply with all workmen's <br /> compensation, employer's liability and other federal, state, county and municipal laws, ordinances, <br /> rules and regulations required of an employer performing such services, and shall make all reports <br /> and remit all withholdings or other deductions from the compensation paid its personnel as may be <br /> required by any federal, state, county or municipal law, ordinance, rule or regulation. Western is <br /> responsible to insure that all materials and services supplied under this Agreement comply with all <br /> laws, rules and regulations of the State and the federal government relating thereto. <br /> 8. Cancellation/Rescheduling by Sponsor. If the Display is cancelled by the Sponsor after receipt of this <br /> signed Agreement, Sponsor agrees to pay 25% of the total price ($18,750.00) for restocking and costs <br /> incurred. If the Display is cancelled by the Sponsor within 30 days of the scheduled Display date,Sponsor <br /> agrees to pay 50%of the total price($37,500.00). If the Display is cancelled by the Sponsor on the date <br /> of the Display, Sponsor agrees to pay 100%of the total price ($75,000.00). By providing notice of not <br />