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02-0729_THE JARVIS COMPANY_Installation Contract THE JARVIS COMPANY INSTALLATION CONTRACT ACCOUNT #1,578. This Contract entered into by and between THE JARVIS COMPANY ( herein after "Installer " ) and.............C,ITY..,,.SAN_..,._JUAN.,.._.CAPISTRAN0. ................_._............................._....._.._......._._.. .............._..._........._..._.........._._............._............._( herein after "Customer " ) . Witnesseth that the parties hereto do mutually agree as follows: ARTICLE I . TERM OF CONTRACT The term of this Contract schedule, with respect to each item of installation listed herein , 60.,,..POLE__MOUNTED_,__PQINSETTIA '$.,_ 60-POLE .,MOUNTED..ALp_INE. ,TREES.........11,. SKYLINES ,_ 1 GREETING,_..SIGN-9- is for a term of..,,_12__.months . Commencing „_AUGUST..._..200 ..._......,..,_.,,.,,.__............. ARTICLE II . STATEMENT OF WORK Installer shall install , remove and store decorations for Customer . Location of installation , C_ITY...._,0F_..._A.NJUAM.._..._........ CApISTRANO ,,, VAR.I0U5....,LOCATIONS, Installation shall be started no earlier than NOVEMBER._1,_2002_...._., and must be completed no later than ,.._NOVEMBER.,,,._30_...._...2002.....................„_......_......... _.,._ Removal shall be started after ,,.,,..__,,._DECEMBER_..._26,,, 2002._..._.........................._,_._,,,,,,_,,.and completed no later than ................._................._JANUARY...._1_ .........._.2003_.................... ....._........._........_........... Installer shall not be liable for delays of installation or removal of decorations caused by weather or acts of God . ARTICLE III . PAYMENTS Customer shall pay to Installer for the performance of this contract a price of $....,,.7063..,._35...................... which shall constitute total compensation to Installer . Installer is under no obligation for performance of this Contract unless executed Contract is returned and payment is made by the payment due date . PAYMENT SHALL BE AS FOLLOWS: 50% $.,_..35.31. 6.86 DUE ON ._.........JULY.._,.,27........2002...................._CONTRACT RETURN DATE PRIOR TO INSTALLATION 50% 5 3531_,_67._DUE ON JANUARY,_,2_.x2003...............WITHIN 10 DAYS OF INVOICE ARTICLE IV _ WARRANTY Installer warrants all work shall be performed in a work-manlike manner . Except for the warranty of performance in a work-manlike manner , Installer makes no other warranties , expressed or implied . In any event , Installer shall not be responsible for loss of decorations caused by any reason whatsoever , including but not limited to: theft , fire , vandalism , or act of God . ARTICLE V. INSURANCE Installer shall obtain a policy of insurance insuring Installer and Customer against liability for loss suffered by third Parties with respect to the installation of said decorations in the amount of $2 ,000 ,000 .00 . Installer will provide Customer with a certificate of insurance , if requested by Customer , at no charge . If Customer wishes to be named as additionally insured on Installers Insurance there will be an additional charge of $25.00. Any and all other insurance required by law or by the Customer shall be the Customer 's sole responsibility . ARTICLE VI , SITE PREPARATION AND PLOT PLAN The location for the Installation of the decorations shall be furnished by customer and must first be approved by Installer or its representative as to feasibility for installation . Customer will be responsible for securing any permission , permits , and licenses necessary for proper installation of decorations from owners , lessees , lessors , city , state and other governmental authority . Customers will be responsible for all necessary fees . Installer is given permission to install decoration hardware items including but not limited to faceplates , cables , anchor points within a reasonable time prior to actual installation dates . All hardware items will be left in place between seasons . ARTICLE VII _ ELECTRICAL SOURCE AND CURRENT Customer shall furnish adequate electrical power and suitable electrical connections as are customarily used in the electrical trade or required by Underwriter 's Laboratory within a reasonable area , not to exceed 20 feet of the decoration installation site , for distance greater than 20 feet Customer will be charged for extension cords . To be billed with second installment . Customer warrants that the electrical connection supplied shall be suitable for the intended purpose . Customer shall be responsible for payment for electric current ARTICLE VIII . SUBCONTRACTORS AND ASSIGNMENTS Installers has the option to assign all or part of its rights and obligations under the terms of this Contract . Any such assignment shall not relieve Customer of its duty of performance under any of the terms or conditions of this Contract . ARTICLE IX CONFLICT OF APPLICABLE LAW If any paragraph or provision of this Contract is declared contrary to public policy unenforceable in law or equity , then in that event , that portion shall be deleted from this Contract , and remaining portions shall remain in full force and effect . ARTICLE X . DEFAULT In the event of a default of any payment of any sums due hereunder , or in the performance of any other covenant herein , and if Customer fails to cure said default within three ( 3 ) days after written notice from Installer , or if Customer becomes insolvent , or ceases to do business as a going concern , or makes an assignment for the benefit of creditors or any proceeding or petition under the Bankruptcy Act as amended is filed by or against Customer , ( including a proceeding for reorganization , arrangement , or extension ) then in such event , Installer at its sole option shall have the right to terminate this Contract as to any and all items of installation , and Installer shall thereupon by entitled to recover from Customer the excess , if any , of the amount of payments reserved in the Contract for the balance of the stated term . ARTICLE XI . SERVICE CALLS There will be no charge for Service Calls , after decorations are installed, for an installation related problem . Problems not related to installation including but not limited to vandalism , weather or acts of God . In the event the problem is not related to installation Installer will charge Customer an additional $50.00 per hour including travel time . If adequate power or proper electrical connections are not available at installation site at the time of installation and Customer wishes Installer to return to the installation site to connect the electrical at a later date there will be an additional charge of $50 .00 per hour including travel time . ARTICLE XII . ADDITIONAL TERMS CUSTOMER.,._..ISRESPON_S_IBLE_._FOR,,,.,,,INSTALLATI.ON,_.,AND.._MA_IN,TENANCE_ OF CABLES FOR SKYLINE_ AND_ GREETING SIGN, ,.__ __ _ 11.11. __........,_.,..._................. WE., HAVE_ INCLUDED . A..5N_...COST,.OF LIVING ._INCREASE ,TO .THE TOTAL.,.._„ , CONTRACT.._ AMOUNT.__ 1_1.1_1-. EXECUTED THIS CONTRACT ON DATE SET FORTH BY THEIR SIGNATURES DARREN M . JARVI C TOMER DIS W , JAR ( ` . VIS DATE: _JUNE 17 , 2002 DATE : `�JS _ THE JARVIS COMPANY 1145 2ND ST STE A PMB 239 BRENTWOOD , CA 94513 ( 925 ) 516-0690 FAX ( 925 ) 516-0270 ACORD,a CERTIFICAVE OF LIABILITY INSU 5/200 YV) NCE DATE(1 8/12002 RODuE MONTEZ-ALAMEDA INSURANMMRGENCY THIS CERTIFICATE WSUED AS A MATTER OF INFORMATION PO BOX 2910 ONLY AND CONFEW NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TURLOCK,CA.95381 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER p: THE JARVIS COMPANY INSURERS ALLIED INS.A NATIONWIDE COMPANY -INSURERC__ 1145 2ND ST.,STE.A-PMB 239 INSURER BRENTWOOD CA 94513 INSURERS COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. HISIT LTR TYPE OFINSURANCE POLICY NUMBER DATE(MMUDDIM DATE M LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LWBILDY FIRE DAMAGE(Ay one fire) S 100,000 CLAMS MADE OCCUR MED EXP(Any one person) $ 5,000 A ACP 7830613740 717/2002 717/2003 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LMRAPPLIES PER PRODUCTS-COMPIOPAGG $ 2,000,000 X POLICY JECOT LOC AUTOMOBILE DABIUTY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Eaa itl ) ALL OWNED AUTOS Booty INJURY y A X SCHEDULED Auros ACP BA 7830613740 71712002 717/2003 re pew) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per aooide ) PROPERTY DAMAGE S (Pere id ) GARAGE LIABILITY AUTO ONLY-EAACCDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LMRS I I ER EMPLOYERS'LIABIUTY EL.EACH ACCIDENT S E.L.DISEASE-EA EMPLOYEE S E.L.DISEASE-POLICY LMR $ OTHER DESCRIPTION OF OPERATR)NSR=ATIONSIVEHICLESIEXCWSIONS ADDED BY ENDORSEMENTISPECULL PROVISIONS See Supplemental Information Page(s) CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION SHOULD/WY OFTHEABOVE DESCR M:D POLICIESBE CANCELLEDBEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN • NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL GE ATTN: G MARGUARD IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 32400 PASEO ADELANTO REPRESENTA AU D ATW SAN JUAN CAPISTRANO CA 92675 ACORD 25.3(7197) 0 ACORD CORPORATION 1988 LM:LPWO.9.8onMM2-14:26by UserNeme LP:LPWO.9.8on8 2-1426by UswName PFOD.1 SUPPLEMENTAL INFORMATION PAGE DATE)MMIDDm) ATTACH TO ACORD 25-S(7/97) 8/15/2002 PRODUCER PHONE H No,E#) • APPLICANT)Firs[Named Insured) • PHONE H(ACNo,EM) MONTEZ-ALAMEDA INSURANCE AGENCY THE JARVIS COMPANY PO BOX 2910 TURLOCK•,CA.95381 1145 2ND ST.,STE.A-PMB 239 BRENTWOOD CA 94513 EFFECTIVE DATE EXPIRATION DATE CO/PLAN CODE: SUB CODE: AGENCY CUSTOMER ID POLICY NUMBER: ACCOUNT NUMBER: )SIUM15 AULFW UT LN 1578::CERTIFICATE HOLDER TO READ AS CERTIFICATE HOLDER AND ADDITIONAL INSURED CITY OF SAN JUAN CAPISTRANO IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holier in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holler in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holler, nor does it affirmatively or negatively amend,e)dend or after the coverage afforded by the policies listed thereon. ACORD 25S(7197) LM:LPW v1.9.8 on W20M-1428 by UseMeme LP:LPW v1.9.8 on 8/10102-1428 by UserNarne PF v1.0.1