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Wolverine West, LLC
<br />Kittitas Valley Event Center
<br />PO Box 628 Show Date: 7/3/2023
<br />Chehalis, WA 98532 Page 2 of 6
<br />WW to determine that the PP cannot be discharged or continued as a result of any conditions or circumstances affecting
<br />safety beyond the reasonable control of WW.
<br />6. Security— CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be
<br />necessary to prevent individuals other than those authorized by WW from entering an area to be designated by WW as the
<br />area for the setup and discharge of the PP, including a fallout area satisfactory to WW where the pyrotechnics may safely
<br />rise and any debris may safely fall. WW shall have no responsibility for monitoring or controlling CLIENT's other contractors,
<br />providers or volunteers; the public; areas to which the public or contractors have access, or any other public or contractor
<br />facilities associated with the PP.
<br />7. Cleanup — WW shall be responsible for the removal of all equipment and any live pyrotechnic products provided by WW and
<br />any debris two-inch and larger that was produced by the PP. CLIENT shall be responsible for any other cleanup which may
<br />be required of the PP or setup, discharge and fallout areas including any environmental cleanup.
<br />8. Permits — WW shall apply and pay for permit and inspection fees for the PP described herein only. Permit submittal(s) will
<br />be directed to the local authority having jurisdiction, the FAA and USCG if required. CLIENT shall be responsible for obtaining
<br />any other necessary permits, paying associated fees and making other arrangements for police Departments, other Fire
<br />Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, State or
<br />Federal Government agency.
<br />9. insurance — WW shall at all times during the performance of services herein ensure that the following insurance is
<br />maintained in connection with WW's performance of this Agreement; (1) commercial general liability insurance, including
<br />products -completed operations, and contractual liability under this Agreement; (2) automobile liability insurance; (3)
<br />workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for
<br />bodily injury, including death, personal injury, and from claims of property damage, which may arise from WW's
<br />performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such
<br />insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from failure of CLIENT to
<br />perform its responsibilities under this Agreement, coverage for which shall be provided by CLIENT. The coverage of these
<br />policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general
<br />liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include all
<br />individuals/entities listed on the certificate of insurance will be deemed an additional insured per this contract, i.e.,
<br />Sponsors, Landowners, Barge and or Tug Owners, if any; and Permitting Authorities, with respect to the operations of WW in
<br />the performance of the PP. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required
<br />hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and
<br />services.
<br />10. Indemnification — WW represents and warrants that it is capable of furnishing the necessary experience, personnel,
<br />equipment, materials, providers, and expertise to produce the PP in a safe and professional manner. Notwithstanding
<br />anything in this Agreement to the contrary, WW shall indemnify, hold harmless, and defend CLIENT and the additional
<br />insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney
<br />and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property,
<br />arising from or out of the PP and the presentation thereof to the extent such are occasioned by any act or omission of WW,
<br />their managing members, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend
<br />WW from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and
<br />other professional fees and court costs in connection with the loss of life, personal injury, and/or damages to property,
<br />arising from or out of the PP and the presentation thereof to the extent such are occasioned by any set of omission of
<br />CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the
<br />consequential damages of the other party.
<br />11. Limitation of Damages for Ordinary Breach — Except in the case of bodily injury and property damage as provided in the
<br />insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that WW has breached
<br />this Agreement or was otherwise negligent in performing the PP provided for herein, CLIENT shall not be entitled to claim or
<br />recover monetary damages from WW beyond the amount CLIENT has paid to WW under this Agreement, and shall not be
<br />P: 206.459.0917 F: 888.492.4902 E: info@wolverinewest.com
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