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� <br /> . . � <br /> � <br /> � <br /> � <br /> � <br /> � <br /> i <br /> SC�E E A <br /> . Firewor al Rider � <br /> to Parking Lot Event Lic nse Agreement between <br /> Sears Holdings Management Co ,as agent for Kmart Corporatian � <br /> and USA FIRE ORKS,INC. <br /> 1. Additional Insurance. By virtue of the extra hazards presented in the transport, storage, and <br /> sale of �reworks, Licensee shall obtain, an provide Licensee certificaLes of insurance <br /> evidencing, the following insurance coverage n place at the time of Licensee's Use of the <br /> Premises, in addition to those coverages requir in Section i 1 ofthe Parking�,ot Event License <br /> Agreement(the"AgreemeaY'): <br /> A. An Amended Potlution Exclusion to icensee's Commerciai Geoeral Liability policy, <br /> with an exception from s�ch exclusi n for bocli[y injury or property damage arising <br /> out of heat, smoke, or fumes from hostile fire or arising out of the use of any <br /> firework or pyrotechnic materials us in connectio� with the insured's operations, <br /> but not from any firework or pyrote hnic material being transported, stared, treated, <br /> disposed of, ar processed as waste, or transported or stored for others. For this <br /> purpose, a hostile fire means one t t becorrtes uncontrollable or breaks out from <br /> where it was intendecE to be or the e ects resulting from the Named Insured testing <br /> pyrotechnic materials. <br /> B. Licensee's CGL insurance, includin the above exclusion, must be in limits of not <br /> less than $5 million combined sing e limit, must name Licensor and the property <br /> owner (if a different party from Licensor) as additional insweds using ISO � <br /> endorsetnent form CG 20 10 07/04 d CG 20 37 07/04, and must contain a cross- <br /> liability clause,altowing coverage fo suits by one insured against another. <br /> 2. Representations aMd Warranties. Licensee shall take all precautions for the safety of all <br /> persons and property by virtue of the sale o. pyrotechnic materials. Licensee shaf! comply <br /> with all federal, state and local laws, ordina ces, regulations, and orders cancerning the sale <br /> of pyrotechnic materials,and otherwise appl ing to Licensee's business and Licensee's Use <br /> of the Premises. Licensee shatl obtain and sintain, in good standing, atl permits, licenses, <br /> and consents required by all govemmental authorities, and provide them to Licensor for j <br /> examination upon request. ; <br /> � <br /> 3. Permissible Merchandise. Licensee may se 1 only fiu-eworks that may lega(ly be used in the <br /> jurisdiction (town and state}where the store s located,but must not exceed the specifcarions <br /> for DOT 1.4G consumer fireworks. <br /> 4. Charitable Sales. If Licensee intends sell fireworks via a 501(c}(3) charitabie <br /> organization, Licensee must identify the ch 'table organization to Licensor at least 30 days <br /> before coming onto the store site. Licensee will comply with al) applicable state and local ' <br /> Iaws relating to such sales. � I <br /> I <br /> i <br /> 5. Per.sonnel�fppearance. All employees must e clean and neat in appearance and uniformed <br /> with a name badge. <br /> I <br /> i <br /> i � <br /> i <br /> i <br /> i <br /> i <br /> � <br />