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CONTRACT 6221 One Page Service Agreement CLOSEDAgreement No. 6221 e In= v es A ug!� e m e 1W, -7CAR, Bei-l'. YjJ 1,1MI e-� 'liz 1 ' a F f.. r kor dc'nq B mus� rneet. for exceed i-he- f 00,CGL For. i i,iclijae, Cor-mmuclaf genlera!1ab:) t7,lf rISUFF11C , q INC. C' 0 V, a�: I I I 1 -1 L .1, i^11Pi e. i 0 6 a :_ . ; 1 rscinal ii-q!Rv: and pu ja f r ':)p 1.VL=:Fige. LiabiRty policies v,AD be endorsed to narne th PC; Iti . I I Q N s officials, and erjipiovee� a. s ';,-,d 'itional Ul-idel Solt l' itISUMICP coverage and -0 qfa e lha' suC� nswrance will b c e a,,-, e 0: i7prir'1�rj VI! Thai any ot-her hzit -may lbe cauied by the G�j e eyci�ss 111-fere7to, Such iriswance must be On -Irren.cc." nol a Vali i�SUI-21"'Ce L wi!! b .1 "OCCL rr mfiade," basis anfd wili not 'be canceluWc Or Subjeci "D reduction except upon -thidy (30) Lays pi-ic-r w!-iftcri n(Aice to the "'ity. ; ; e. -I - ions c,, THs is nv' a purchase ordc-� or an Dlease find addilinna. T Mm and C-o;: dii7ions ciii -he reiver_re sde n is Sci�i e- zq�C authonzatiun; to bedr. LP,lCrlik. L ;ab;;;1v '.-�Judjllp co"Fqaf� for prem;res, prori,cs Ar-J drjpeia[jci,,,s independe e 0 an," ccintra-tual conlioal.- c"."'h onrbne' sinq'e fim!i's of coqp:oe of Lv ieas-.' per uccurlen�'e_ AuiO MCI�:(jfr'fl 0kM;.__-fJ 1-ic-ci1ne" :;ifec Vehicles R pe, occu-'-rice S�ale 'V Cj'17.2j)j QC.jj. ;tjL;S1 bc- sublinilteJ, y ?rse!f c::id Or yleui bv 6 i _eed��d i' SO' eri-NovE�ai ih nc Llru-lovee sq.,inr�L ��v eq6': ial& staiLifes ar, d C -C io C-pilsE' .3�1 "i!E-; p! !-jl� 1 i�.jj '�r Hl Susnez-'s Liconse: The Cf';. -'lip is it L-D'Dovecl il. I G t.)C-1' --.1!: issuer inn i("e" 1.. t& C'u ril P"l Ln i4 v E c D 1, 1 c al 'd e lit ;KpM, i, 1 !"AE C 3,1 E� jin.z A a r" 0. GE!@ "5 v Ia ve d �:D!j a 5 s' L p C2C -4SE 'NiOn'E: ALL APPUG A-H ---E INFORMIA-1 11—N 'LiSMED ABOVE MUST EF 0�2!'LJNE-U '-&RD ON, FILE, MOP TO HE Or A CITY HDEN'T Cii; RROTHE ITTPURCASEORDEP OAFAX A.K AG&'THUS AUPHORMNIG COMMENCEME�j OF "PORn_", F R THEZ 1 Company Name: Prrnl nzrri,'tlp� 1pac1he C aq ETIMMWW'Wi�L Ccimpsny Slinset Addi ess':_ i City. Stale., zip. cii;al -agic-inen' and i4 su-nrlc,21 r I Ll APPROYED AS TO FORM. C: F -C- —IT �Yt" "-TI-6U 7— IT of Eli Seo..'Undo Agreement No. 6221 `1.Gvflt,..f. e materialsiptle, ��.mVi�S:rin:li��.a�� . �gy�WMC Ci4v nGr �a.; ��Ik.after r�c� .in€ �r�a�Yatali}r rr7vosr.;a.. 4.1 Ti..irchase"f ccvereef by this seFvices agfe=.ennePtt sand I"uf-.,1",as(,. order o materi'als and Sui,!luh .s delivered and accep:.led of services ier•idereff ano ("order ) must be furnished by Seiler subject l:o all life lrfrns and ' accepted, "'ity Curd[ alit pay r.rartrage shipping packaging or boxing i condi9Par rl coritained in this order 4a1'°och Seiler, ir. ma�xepellnCf this C7r,,14�,% � expenses p sl-,s:.rpec;fied in this order. Dnaffs will not be hone w'a::d � agrees t--, be bound .y and comply asrth in all uaificilaars hr. 'tth•er terrrrs g r1MDEMNIFICATfkg' . Seiler agree, rr; Indemnify and hob City or C;rondihi.)iis are Liindmg up fDn the par"tie's unle?s sul::Jaequen1v agreed to ; harmless horn and aganns, any claim,, action, damages C DSfti (IC10 UdiCt(i •( in wriling, Mi1e_r.., accGUtanc( or of all of any ip)ihan of the I withtouthn`a aiion, a1,ofnay`s ees) injuries or ansiri p Y ,,( of the F'i1rchas5e covered by this order c.or Sfi�ncrlaas unt.Iualified acceprance of all � F'r.irchase r.v the ory,ei or than peiforol Zncc rhoudc City be n9fried in te'rims and "lon titlons In ffcrs Qa ter i; fns of -r.y pruspo'sai re,er-red c i ;any Sulk, or sr oula any a fa fn beiafough -�S ar rl sl It y suit or rditiavvd,SE. r) tt t order ara rnrfutted slid made aid f ttra Gc'Cde, only ;� fire Cxarra �raeflae�r the SaMs' tie gr rourcdda S w,a rr ri an.[ttg c.ri.rr, of Clae gur rrfwa;ae Cir it specified tf,e f�'rurc�.¢ 'seort:deieu, tfae p ;ca, arrd aha„ detYWei}, ansd then order or dlrerr perr'orrruaruce, Sellerr�°rlil defend Die (ar Cify�s r�e�gra�es�l and v _ s City) indemnify City for any judgment only to the extent that ;i.ich terrn: �ars:�a c,aitsisf^n". vaittt t.lne terms arts With cotrrrsel .,atistactor�y to vitdj ar�rra conditions of this order. rendered against it of any surns paid oral in settlemerrt or otherwise. For 2..1I14SP ECTIOlk The Purchasrt funnisht:;cd ri'"ust be exactly as specified in C purposes tif this section "City" includes C ity's officers, elected officials, this order, free frorn all di..:fects in S'e.IB�er:, i:reldorintaance, lesion. :and employees. It is expressly understood and agreed thal the vdurkiriansllip, _ ax p, otherwise provided. is foregoi!ngg provisions vvill survive terrninl ,.Jtion of this order The and materials, wind: +rae� as ntinerwi subject try Crisp cticn and test t:,,v City at Call frrri�s and places. if, before I requirements as io the types and limits of insurance coverage to be final accep8 anc.e. any ally F'ulctiase is found) to be. incomplete cir not are mainlairled by Seller and any approval or such insiurance try City, are specified, City may reject ih. require Setler'to correct it: without charge. of not intended to ::and will not in any rnannerlimit or qualify the iir:ttailitics j require delivery of :such Purchase at a reduction in price that is, equitable i arm ol: hgakfons otherwise assumed by Seller pursuant to tf,is order, under the cirournstancesIt sailer Is unable or refuses to Correct such ( including, vi0hout limitation, to the provisions concerning indemni'iical:ion items ,rvithtrn a fire deerrled reasonable byr C;iN City rimy terminate 11"ie j 1fy WARRANTY, Se ler agrees 'that. [he Purchase is covaied by the Carder in whole or in part, Seller- hae,ars all risks as to rejected Iauichases most favorable c:oratmercial warranties the Seller gives to any custortner and, in addition to any costs fen- which Sellei way become liable to City � for the saine or substantially sprnilar supplies or services. or- such other �j unites other provisions of this order. rriusi r< innlararse City for all moiv favorable wairarni es as is specified in this order. Warranties will trai sp:rortatiorn costs io1her related costs incurred of, paynnents to Seller � be effective notwi[hstandinra any inspntion of acceptance, of tine in accordance +with the terms cif this order for unaccepted i::'i.archaases, i r ui chase, by City NoWth•standing Crays acceptance of any Purchase, `:yeller is liable for pp' 11.ASSlIN MENT City rriely assign this order. Except as to any latent defe,,.ts, fraud. of such gross mistakes as. constitute fraud., l payment diAe under this carder Seller may not assign or- subcontract the IC AN ES, City may rinake changeswithin the coerieral scol::ie of this �; order wittiout City's written approval, Should City give consent: it will not order' in d•awinca :.obligations under this place of delivery, method of shipmer,r or; r„�Gtckjri(i o frOre order, bylgiv g , s(.al�bcontractoi will be coside ed Selle s agent orrJer end any frarasf�eie or ' 9, nonce to Seller and subsequently confirming uch changes in writing. If � 12.11gSUA.A14C1;il, Scaler must pir;vide the Insui ance. indicated or; the Isiarh changes affect the cr.,si of or the bone rerauiie�d for peifmroance of i face shea � of this Services agreemeni. p this order, an equitable ard,justrrrenl in the prior: of delivery or bath i'nlusf. Setdei rarest procure all necessary permits and licenses, be made No change by Seiler i irfllowed without. Cify`ss m itteit approval. j and abide by all federal, state: and local laws, for peiforininn this under Any claim by Seiler for ail adj u irriernt under this section must. be made ; 14UNIE)EPEN ENT CONTRACI'OR, City and Smiler agree that Sefer in wriiing within thirdy ''30) relays hom the date of receiprt by Seiler of will act as an nndeponidern contractor and will have coirtnll of all work notification of such change unless City �:vawe ibis condition it writing. � surf tltr� mannr.;r in wtuctt is it performed. t�:pedler will be free to r.;orrfract � IVothning in axis secticrt r.;xcus,es Baiter �rr!arrr ;.ai-uc��eaing with performanceperformance`for airnil�ar rservtcc t to be pt;�rformed ter- other employers while under of the ruder as changed. contract with City. ,`.seller is not: an agent or employee of City and is not �I 4. "dh di'tIMNAt"ION, City may terminate this r..rrcder at any tirne, rather enhtted to participate in any pension plan, prnsi.arance bonus or similar vicerbaliy or in writing, kwtlr or nrit:hoi-it cause. Should termirafion occur benefits City provides for its aaniployees. Any provision in this older that. City will pay Seller as flit@ peifurmance until such termination the u,rrl. of i rTIFy auppelar to gave City the right to P.diiecr Seller as to the details (n't doing pro rats order price for the performed ,and accepted pr:rfion of the the work & to exercise a measure of control over the work means that Purraliase, City rr+ay provide written notice or temunat:ion for Sellers , Seiler Mill Follow the direction of tt,ie City as to arrd rei>ult, of the work default if f=efllY refuses or ¢ail, to comply with this order. If Seller dues e only not cure such failure within a reasonable Crimea lierirad, or fails to perform 15MAIVER C itys review or acceplance of, or payrnenl for-, Work l the Purchase within the time specified (or allowed by extension), Seiler y product prepared sir Seller under thus order will uo[ be, coinstnJed to r^ill be liable to City for arty excess crush", iuuurred by City � operate as a waiver of any rights City may have undo this Agreemenn. or i 5.TIME EXTEN VON , City may, extend the t:rne for completion it in of any ciabse of action aarrsing ffoin Sellers perlorrnance. n, viarver by C'itys scale determination, Seller was delayed because of Caiases Lreyorid City of any bleach of any tern), covenant or condition contained In this Sv:llea°s control and withow SraAler s fault of, negligence, In the; event I railer will shot be deemed to tie a ivaaiver of any subsequent breach of the l delay was caused by (arty, Selle s solo )cannery is limited to recovering � sarne of ny other term, covenant or condition contained in this ordder. money actually aAJ necessarily expended by 6etlor because of the whether o� the sarne or different charader delay theree, is no right to i ecover anticip)aied p rofri 16.flNT IRPR TAMN. This Agreement was drafted iri, and will be &REIMEIN S CUMULATIVE, CitVF, ratios and -orine dies undr this cinder � construed Jrf accordance wtdh afro laws of CNie State of C>affomias, rand arc, riat exclusive and are in addition l a aria fights and remedies prcrvicfc(d j exckasive�: veruiae for irr,a action lrraao4vtn�g this agre�err�oen�f will be in I•...os � by law. Aingeles County, TnTlul"• I itle to materials and `aul7,".:rdies p:ii..irc:nased under this orrtei pass directly from Seller to City upon C tVs written acceptance, following .._ 'soulrumruha to rota" mart ae;fual tinsprar.�ron gird C�y__ ....m__.,__ Agreement No. 6221 Quote #'21-2088 OM City of El Segundo Recreation, and Parks, Department'( 40-1 Sheldon Street Ei Segundo CA 90245 EXHIBIT "A" — SCOPE OF SERVICES Aq�reement No. 621 PNiaa c i fi c Coast I��n Quote ENTERTAINMENT '� igh 21-2088 76oi Woodwind Drive • Huntington Beach • CA • 9z647.714.841.6455 El Segundo - AV Needs Bill To Designated Contact Venue City of El Segundo City of El Segundo City of El Segundo " ... W i� (F, j�, ,r r it Delivery Method: PCE Delivery Department: Production Equipment Arrival Time: Friday Dec 3 2021,11:oo AM Sales Rep: Ryan Steidinger Return Method: PCE Pickup • Equipment` Pickup Time: Friday Dec 3 2021, Sx Pm "llk. µ Status: Inquiry Terms: COD Type Qty Item Description Billed At Disc F.xt. Price Rental 1 Allen and Heath Qu-A Digital Mixing Console Rental 2 QSC Kio.2 Powered 2-Way Speaker Note: Monitors Rental 2 QSC KWi22 Powered 2-Way Speaker Rental 2 QSC KW181 Powered Subwoofer -l000w Rental 2 Ultimate Support Speaker Stand Rental 6 KandM Tripod Microphone Stand (Tall Black) - Adjustable 35.5-63" Rental 2 KSM137 Condenser: Cardiod Instrument Microphone - Cardioid Rental 2 Shure SM57 Dynamic Instrument Mic - Cardioid Rental 2 Shure QI3L-D Wireless Kit Rental 1 13" Macbook Pro Laptop Rental 2 XLR Cable - 25' (Red Rip-ne) Audio Total: 777.00 Buffet Boom Fixture - Triple LED PAR46 Rental 4 Note: Fits Drape Upright. Requires cube tap. Rental 7 Buffet Boom Fixture - Triple PAR16 LED Note: Fits SCH4o or Drape Upright. Fixtures NON - removable. Requires cube tap. Rental 3 ETC ColorSource PAR -100-24ov/Powercon/5-Pin Note: Up Lights on Drape Rental 6 ETC ColorSource Spot LED Leko -10o-24ov/Powercon/5- Pin Note: Stage Light Rental 1 ETC ColorSource 20 Lighting Console - 5-PIN Lighting Total: i,o64.00 Rental 18 Guard Dog Cable Ramp - 5-Channel Rental 1 Indu-Electric (4) Socapex 12oV Output Distro Rental 4 Socapex Break Out - Edison Rental 4 Socapex Cable - 25' Rental 4 Socapex Cable - 50' Rental 6 Socapex Cable - too' Quote 21-2088 Page l ON y Generated a/3Lo/2o2i 10:36 AM Bates seab273c ` Agreement No. 6221 Type Qty Item Description Billed At Disc Ext. Price Rental 1 2/o Cam-I,ok Feeder Set - too' Rental 1 Diesel Generator-125kVA-3 Phase Show i Fuel Charge Rental 2 Round Base - 5olb / 1.5" Thread Rental 2 1.5" Schedule 4o Black Pipe - 12' Rental 6 Production Sand Bag - 351b (Blue Strap) Power Total: 1,574.00 Rigging Total: 90.00 OEM, NEON= Rental 28 Convention Drape Package Rental 1 EZ Up Canopy - io'xio' Rental 1 Outdoor Supply: Folding Table Rental i Cable Package Labor 1 Audio- Engineer Al Intermediate Console Labor i Lighting- Designer Intermediate Labor 1 Lighting- Master Electrician Trucking 1 Delivery- Box Truck (Up to 24) Fabric Total: 1,665.00 Warehouse Total: 6o8.00 Labor Total: 2,305.20 Trucking Total: 285.00 Quote 21-2088 Page 2 of q Generated 11/10/2021io:36 AM Bates geabaT3c ap Agreement No. 6221 Pacific CoQuote ENTERTAINMENT �P10 1 2I-2088 pl 76oi Woodwind Drive • Huntington Beach • CA • 92647.714.841.6455 El Segundo -AV Needs Summary for Quote 21-2oH Carefully review the following for accuracy Delivery Method: PCEDelivery Subtotal: $8,368.2o Equipment Arrival Time: Friday Dec 3 2021, ii:oo AM Orange County Sales Tax: $0.00 Return Method: PCE Pickup Equipment Pickup Time: Friday Dec 3 2021, 8r00 PM Total: $8,368.20 Venue: City of El Segundo µ i By signing this Contract, you indicate that you are an authorized agent of the above -named "Bill To" Account. Your signature constitutes your acceptance of this Contract and our Standard Terms & Conditions (below). Signature: 6- Quote 21-2088 Page 3 of q Generated 11/10/202110:36 AM Bates 5e2b273c t ' v Agreement No. 6221 Standard Terms and Conditions between Lessee and Bar None Group, ine dba Pacific Coast Entertainment (PCE) Revised og/zq/2020 Awvaiiaibllltya Equipment availability and pricing are sula}ect to the aaa'itabiHty at which time a quote is rooved to Confirmed status in PCE's moral sysnptn, PCE does not hold or rosrsvm awwyrgalproent until a signori quote is received and PCE has had time to vitrify tiro avaipahlllayof such equipruunl• PCE maerw'cs the right to make substitutions to equipment on anus needed basic, and Will always use like or better substitutions. Purchase Orders: If your organization requires a Purchase Order (PO), please send that to us ASAP. If a PO is required and not prodded, Pacific Coast Entertainment is not responsible for pursuing the PO. Once the invoice is sent to the client (with or without the PO), payment is still due according to the terms ofthe contract. Rental Deliveries: h It the customers respotosi'Wity to beattht dclircry ioration ready to accept equipment during it,4 windQv,, Any doteys matnxd'by r ^relater tnayraaolt is addttsonal eiaarges,ora missad delwwrry. In alarewrnr rAfm m card dmtivrry„ lka ruatamrr mnypayan additional dcAiwxo feoe and reschedule deliver), at PCVs aw•n gakillly, On rcnrnl oadr a tvidi ddiw" * .ill,, p letup PCE only prravuira a tLnvcra�o exist In Wltal wwdmg and' umlmadlu , 0fngmpmnmt It It the customers tupovra'ilrWry toassbs'an unloading as mcor%rad. 4nueoqulpansnf lraw,msPCE"a Wrack cttspaly &s traasafrrrrd ro Illm lesser, fsmhwmry window s z tt atop guaranWood cr d may be s rl jeer tar delays sw pl innraugsidr of PCII"osamdtah PCE shall not be liahk for conaa:gt.rpte s: co ages'. It,.$ ilosn dcLuys Io ddivtry resulting from drevroston as within or oulsidA of PCE cantroL Rental and Production. Cancellation Policy: For any rentalotdois sancelled within s business day of your expected ship or will call time a 75%restocking fee wilt be assessed. For rental orders cancelled svi hin 1 business slays of expected ship, a So% acalocking'fee will'. be assessed. For any prodireriom order carrcalled within 5 business days of your arxpoc8ed delivery time, customer will be liable for a 75% restocking fee on equipment, as well as the full value of labor and delivery charges for first s4rdulod day of work, Retail Cancellation and Restocking: Returns are accepted an in stock and special -order items fora period of 7 days from the time of delivery and are subject to the following restocking fees. In stack retail items are subject to a 30% restocking fee. Special order items arc subject to a 60% reslocldng fee. Custom and made to order products may not be cancelled and are non-refundable and non- returnable due to the custom nature of these items. Rush Orders: For rental and production orders that confirm within 24 business hours of the ship time, PCEmay charge a $i5o nonrefundable rush fee. This fee will remain in place even in the event of orderrancellation, in addition to standard cancellation fees. Orders confirmed within 24 business hours are still subject to equipmenh.. and labor mailability. Confirm withyouragent the fea0blll""'such orders. Interest and Credit Card Facs: If any balance owed to PCE is over 14 days pot due, the remaining balance will bear an interest of i.5% pet month, Lessee agrcvas to pay any attorney, court, legal or collection fees related to the collection of any balance that Isq,S days or more Ovard:ue.A 3.5% Processing Fee twill be added to the total of any Crcdu.. Card paymcmr applied toe Quote lotoling 52,500.00 or greater, caadR+cturuafEquiprnwxnta 1 resgtmxaorrtnrrequlpnvunalaflrrtamranndralonulalltwastrrery .AYl utparantmualkumrrturnet4bythatttnoanddatesaatmdan onllrrnacicopnract,udms ouluerures'a agreed fAa, in writing„ hctwmra leaatcanrid PCE if egwipmcat is not returned bydw agreed upon time, lossco wdil incur additional c Argra for astir shay equipment is not rouTncd,.:maud studf be hawtfor anylc es PCE incurs duc t0 the late "oipment, If loser, fails'to return equfi)wpitant or lasaa cquipmonL PCE, will bill Itmet at Mrs Its; rase for mwssins equipmern, Ica Is Ies Ws raparnrsib0ity two ensure that allequipmentIsrecoiwedatHart alpickup, And returned .Nydie rune and date stated an confirmed cduirack,PCE'w,0 Warm 'lersteofany misxiogrquipmantonce returned hemahArtr buren checked into PCE's system, and items have been thoroughly inspected for damage. Equipment shall only bt used by qualified agents determined by the lessee. Failure to operate equipment due to a lock of training, or qualification is not cause for refund and shall !near full rental charges if equipment is deemed by PCE to be in working.. order. Usage ag;rvu to adhere to any me trictionf and. law+s during the use of this equipment. Once equipment is in thepossession ofthe lessee, the lessee is responsible for any loss, damage or theft including but not limited to: burglary, fire, fraud, disappearance, water, confiscatiann ar am of God. In such Instances lessee agrees to Pay PCE the full replacement value of the item(s) wwif}roiutdepreciation in addition to PCE losses or damages resulting from the inability to rent such equipment, and PCE inventory control costs as deterrnitittl by PCE Ifan item can be repaired as determined by PCE, the lessee agrees to pay the costs as determined by PCE to repair the item. Uabllityof PCE: The lessee acknowledge: that it has examined all equipment and found it in appropriate woricing order. Non-functioning equipment shallbe reported to PCE immediately at the time of discoveryvia the PCE. after' hours plione number-714-727-S400, In the instance of damaged or inoperable equipment the lessee shall return the equipment during regular operating hours to PCE for repair or tepiaeement. In the Instance.. %hot PCE cannot repo It or rep�loac the equipment, the lessee is entitled to a pro -raked refund or credit, that is limited to the rental value of the non-functioulug ltem. Lessee aroepis that any and all semis ,s,.. equipment and Nborut provided without Summary of any kind. Lessee further'understandis that PCE assumes no liability whatsoever for any person, company or, other entity for any type of injury or damage claim related to a) equipment b) use of equipment c) any labor or services provided as a result of this contract. Lessee waives the right to any claims against PCE Ownership: Lessee acknowledges that PCE maintains sole ownership of all equipment. Lessee shall not sub -rent or transfer any of the equipment under this agreement to any other party. lessee does nor have any right to mortgage or guarantee any equipment in this contract to any other party. Representations and warranties: PCE makes no warranties. Lessee Acknowledges that the equipment is of a model, sirs, and design selected by or equal or exceeding that selected by the Lessee. PCE has not made and does not make any representation or warranty regar6a-gthe condition„ qualiry,. durability, suitability, or merchantability of equipment as to the use to which It Is bring Applied. lessee Agrees to hold PCE harmless for any illegal use, nonperformance of ogaipaa enl and spodfi:cally for any unauthorized use where life -threatening or substantial risk to life and/or property may be present. PCE shrill not be responsible for any subsequent costs Incurred by lessee for equipment failure. Indemnity: Lessee agrees to indemnify and hold PCE and all ofits employees, subcontractors, officers and agents harmless from any legal claims, actions, lawsuits" and otherproceedings resulting from use of equipment or execution of this lease. The exception to this being the willful negligence of PCE Shipment: Unless otherwise specified and agreed upon by PCE and the lessee, the lessee is responsible for any and all costs of shipment to and from the lessee. Lessee is responsible for any loss or damage of equipment during shipping. PCE's acceptance of returned equipment does not waive lessee's responsibility for damage prior to return. PCE will lest and check all equipment and inform lessee of any identified damages within 7days of ictum. Union and Incidental Costs: Lessee agrees to be responsible for all union fees, venue fees, promoter fees, dock fees" parking and yard fees, electrical fees and any fees pertaining to weight of equipment, trucking and permitting and any storage fees pertaining to this contract. Insurance / Security Deposit a Equipment; Lessee agrees that it is respormble, at The lessees cost, to insure all equipment for its full replacement cost. Coverage must begin at the time the equipment leaves PCE's premises. Insurance should name PCE as the payee for lossor damage to the equipment. limit of insurance must be sufficient to cc vex the replacement cost of the entire contract. b. General liability: Lessee agrees to maintain, at its cost, a general liability policy including coverage for independent contractors and contractual liability pursuant to this contract in a policy amount meeting or exceeding $1.000,000 per occurrence. Insura0ce should name Bar None Group, Inc es additionally insured for the term of the contract and must include Broad Form Contractual liability, Personal Injury liability, Completed Operations and Products Liability. In the case of a claim this policy must be exhausted before any obligation arise under PCE's Insurance. c Insurer: Any insurance obtained by the lessee pursuant to this contract must be issued by an insurance carrier who Is authorised to do business in the state of California and who maintains a BEST rating Of A orbctter. d. Waiver. All insurance maintained by the lessee in accordance with this canlract and its above terms and conditions shall contain a waiver of subrogation against PCE. e. Certificate of insurance: Before taking possession of any equipment the lessee shall provide a certificate of insurance along with any other insured, loss and payee endorsements confirming the coverage specified in the above terms and conditions. All certificates must be signed by am authorized agent of the insurance company. F. A Credit lard authorization must remain on file with PCE to cavalost, missing, late, and/or damaged equipment This card will be charged for such overages untem another payment method is provided. Said card must remain active and maintain an available balance sufficient to cover the musimum damages applicable to your order, ioCtudingIota] lum and lost revenue damages. ATM and debit cards will not be accepted; cards must beatrue credit card drawn on a major institution. PCE reserved the right to determine card eligibility on a ease byease basis. Legal Proceedings: This lease shag be governed by the laws of the state of California. Lessee agrees that any legal proceedings resulting from this contract will be brought in the Superior Courtin the Stake OfQdlfoms a for the County ofOrange. trssee agrees tat.pay PCE's legal fees that arise from legal pro"edsags relating to PCE's enfoming; the terms and conditions of this conuast "lbc lessor and lessee agree that ifthe lessor was to breach Oic p mfo isuuns of this contract by failing to provide agreed equipment air se rvices that damages wiruld be extremely difficult to detormine and any proof of damages would be speculative. Due to these facts, parties agree that in such an event PCE will be obligated to pay the lessee up to a sum of esoo as liquidated damages and the lessee shall accept this sum in lieu of all other monetary damages that have or may have been suffered due to lessors said breach. Government PcrmiLs and Licensing Lows: Lessee is responsble to obtain any permits orlicenses pertaining to theme Or operations of equipment Furthermore, the lessee agrees to comply with all applicable laws and regulations. Pcnnl Code Provisiuna. L.oss'cc ac'knnwledf,,ea 111tCallfOmia Penaa CO*Stdma-4Bal which stales that the intent to commit Inch by fraud mesa be prosumed If one who has leased or rented the personal p mporty of another paysuant t o a written roatrod fails to return the property t o 1 is owner within 20 da)n after the owner has major A writ ten drnwmd (allowing the expiration of the lease or contract. Lts eoalso ackrrowtod ,yes that Penal Code S"Inif -04 0130!AW06thet nlch Wool may be pressmod done presents to the owner the personal propertyidentification which bears false information for the purposes of obtaining a lease or rental agreement. Additional Provisions: The general terms and conditions addressed above shall apply to all and any equipment rooted or leased from PCE. Section headings are for convenience and should not be considered among the terms and conditions of this contract. S"erability: If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or previsions contained within this Agreement, but such term or provision shall be deemed modified to the extent necessary in the courts opinion to render such term or provision enforceable, and the rights and obligation of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreement of the parties herein set forth. Quote 21-2088 Page 4 of 4 Generated 13/10/2021 1O;36 AM Bates 5eab273c Initial