issue date (mm/dd/yy)...hub international hkmb limited 595 bay street, ste 900 toronto, on m5g 2e3...
TRANSCRIPT
HUB International HKMB Limited595 Bay Street, Ste 900Toronto, ON M5G 2E3PHONE: 416-597-0008 FAX: 416-597-2313
Farewell Productions, Ltd.2400 Boundary RoadBurnaby, BC V5M 3Z3
MURRIN CONSTRUCTION LTD AND WESTPORTINDUSTRIAL MINERALS LTDP. O. BOX 91908 STN WEST VANWEST VANCOUVER, BC V7V 4S4CANADA
XX
X
XX
X
CBC0864458
CBC0872484
Tokio Marine & Nichido Fire Insurance Co., Limited
A
A
1,000,0005,000,000
1,000,000
1,000,000
1,000,0001,000,000
4,000,000
4,000,000
11/01/2012 11/01/2013
11/01/2012 11/01/2013
10/11/2013
AG2R3RHW
WITH REGARD TO THE COMMERCIAL GENERAL LIABILITY POLICY IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CERTIFICATE HOLDERIS ADDED AS AN ADDITIONAL INSURED, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSUREDIN CONNECTION WITH THE PRODUCTION "The Interview". CROSS LIABILITY AND CONTRACTUAL LIABILITY IS INCLUDED UNDER THECOMMERCIAL GENERAL LIABILITY POLICY.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONDATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOUR TO MAIL 0 DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICESHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTSOR REPRESENTATIVES.
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CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)CERTIFICATE OF INSURANCEThis certificate is issued as a matter of information only and confers norights upon the certificate holder. This certificate does not amend,extendor alter the coverage afforded by the policies below.
CompanyA
CompanyB
BROKER
CompanyC
CompanyD
INSURED'S FULL NAME AND MAILING ADDRESS
CompanyE
COVERAGESThis is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated, not withstanding anyrequirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance affordedby the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims.
TYPE OF INSURANCE COLTR
POLICY NUMBER POLICY EFFECTIVEDATE (MM/DD/YY)
POLICY EXPIRATIONDATE (MM/DD/YY)
LIMITS OF LIABILITY(Canadian dollars unless indicated otherwise)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
**ALL AUTOMOBILES LEASED IN EXCESS OF 30DAYS WHERE THE INSURED IS REQUIRED TOPROVIDE INSURANCE
EXCESS LIABILITY
OTHER (SPECIFY)
DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS/ ADDITIONAL INSURED
CERTIFICATE HOLDER CANCELLATION
AUTHORIZED REPRESENTATIVE
Per:_______________________________________
CLAIMS MADE
OCCURRENCE
PRODUCTS AND/ORCOMPLETED OPERATIONS
PERSONAL INJURY
EMPLOYER'S LIABILITY
TENANT'S LEGAL LIABILITY
NON-OWNED AUTOMOBILE
HIRED AUTOMOBILE
DESCRIBED AUTOMOBILES
ALL OWNED AUTOMOBILES
LEASED AUTOMOBILES **
GARAGE LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $GENERAL AGGREGATE $PRODUCTS - COMP/OPAGGREGATE
$
PERSONAL INJURY $EMPLOYER'S LIABILITY $TENANT'S LEGAL LIABILITY $NON-OWNED AUTOMOBILE $HIRED AUTOMOBILE $
BODILY INJURYPROPERTY DAMAGECOMBINED
$
BODILY INJURY(Per person)
$
BODILY INJURY(Per accident) $
PROPERTY DAMAGE$
EACH OCCURRENCE
AGGREGATE$
$
$$$$$
1
Allen, Louise
From: Jason Collier [[email protected]]Sent: Friday, December 20, 2013 4:08 PMTo: Allen, LouiseCc: Miss McQueen; Hunter, Dennis; Terry Mackay; Herrera, Terri; Zechowy, Linda; Luehrs,
Dawn; Au, AaronSubject: Re: Farewell Productions - The Interview - Murrin Construction Agreement Attachments: MurrinAgreeSignedScannedFINAL.pdf
Here ya go! Thanks! Jason M. Collier Assistant Location Manager FAREWELL PRODUCTIONS LTD. #503 - 2400 Boundary Rd. Burnaby, B.C.,V5M-3Z3 604-628-3150 O. 604-628-3151 F. On 2013-12-19, at 12:09 PM, Allen, Louise wrote: Jason … this is the last one. Please email the executed copy for our files. Thanks, Louise Allen Risk Management T: (519) 273‐3678
From: Allen, Louise Sent: Friday, October 11, 2013 4:19 PM To: 'Jason Collier' Cc: Hunter, Dennis; Terry Mackay; Herrera, Terri; Barnes, Britianey; Zechowy, Linda; Luehrs, Dawn; Au, Aaron Subject: RE: Farewell Productions - The Interview - Murrin Construction Agreement [ISSUE CERT]
We need a contractual obligation to add Westport as additional insured..
I revised the wording to add the second additional insured to the agreement. Ask the vendor to initial the change. Also, when production signs, production should also initial the change.
Please email an initialed fully executed copy for our files.
1
Allen, Louise
From: Allen, LouiseSent: Friday, October 11, 2013 4:19 PMTo: 'Jason Collier'Cc: Hunter, Dennis; Terry Mackay; Herrera, Terri; Barnes, Britianey; Zechowy, Linda; Luehrs,
Dawn; Au, AaronSubject: RE: Farewell Productions - The Interview - Murrin Construction Agreement [ISSUE CERT]Attachments: MurrinSignedAgreement (Amended).pdf
We need a contractual obligation to add Westport as additional insured.. I revised the wording to add the second additional insured to the agreement. Ask the vendor to initial the change. Also, when production signs, production should also initial the change. Please email an initialed fully executed copy for our files. Aaron … this use is on Tuesday and Canadian offices will be closed on Monday for Thanksgiving so please issue the cert today. Reply to all as I am only working for another 45 minutes today. Thanks, Louise
From: Jason Collier [mailto:[email protected]] Sent: Thursday, October 10, 2013 5:17 PM To: Allen, Louise Cc: Hunter, Dennis; Terry Mackay; Herrera, Terri; Barnes, Britianey; Zechowy, Linda; Luehrs, Dawn Subject: Re: Farewell Productions - The Interview - Murrin Construction Agreement Hi Louise, Attached is the agreement signed by them...they have asked that both Murrin Construction Ltd. & Westport Industrial Minerals Ltd. to be named on the certificate of insurance. Thanks! Jason M. Collier Assistant Location Manager FAREWELL PRODUCTIONS LTD. #503 - 2400 Boundary Rd. Burnaby, B.C.,V5M-3Z3 604-628-3150 O. 604-628-3151 F. On 2013-10-10, at 9:37 AM, Allen, Louise wrote:
Jason … I tweaked the language you supplied to conform with our insurance regime. See redline attached. Thanks, Louise Allen
1
Allen, Louise
From: Hunter, DennisSent: Thursday, October 10, 2013 2:12 PMTo: Jason CollierCc: Herrera, Terri; Barnes, Britianey; Allen, Louise; Luehrs, Dawn; Zechowy, Linda; dc1
@warpmail.net; Terry MackaySubject: RE: Farewell Productions Ltd. - The Interview - Murrin Construction AgreementAttachments: MurrinConstructionAGREEMENT.redline #2.doc
Hi Jason, #1 – that’s fine if the production is fine with it. See the attached. #2 – Too complicated? I can’t respond to that ‐ what exactly are they objecting to? This is actually our short form and this is as simple and brief as it gets. They can’t terminate our rights, and they can’t enjoin our movie. The second part protects us with our right to go to a judge to stop them if they or one of their employees block us from conducting our activities permitted under the contract. See the attached with the clarification of the prohibition from them enjoining our movie. This provision is a deal breaker – we can’t pare it down or draft it simpler. Thanks, Dennis
From: Jason Collier [mailto:[email protected]] Sent: Thursday, October 10, 2013 11:00 AM To: Hunter, Dennis Cc: Herrera, Terri; Barnes, Britianey; Allen, Louise; Luehrs, Dawn; Zechowy, Linda; [email protected]; Terry Mackay Subject: Farewell Productions Ltd. - The Interview - Murrin Construction Agreement Hi Dennis, The partner in this company has chimed in regarding the agreement and has a couple of requests, 1. Can we add wording regarding 'additional daily use' to be prorated based on the loc fee ...$1350/day 2. He has issues with section 4 being to complicated....is there anyway we can simplify this paragraph ? Please let me know, Thanks! Jason M. Collier Assistant Location Manager FAREWELL PRODUCTIONS LTD. #503 - 2400 Boundary Rd. Burnaby, B.C.,V5M-3Z3 604-628-3150 O. 604-628-3151 F.
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PRODUCTION # __________ Date: Oct 9th , 2013 PRODUCTION TITLE: "The Interview"
LOCATION AGREEMENT 1. USE OF PROPERTY. In consideration of the payment of Four Thousand and Fifty Dollars plus GST ($_4050.00_+GST___), which will become due and payable at such time, if ever, as the premises are used in accordance with this Agreement, the undersigned as owner/agent ("Grantor"), having the full right and authority so to do, hereby irrevocably grants FAREWELL PRODUCTIONS LTD. and its employees, agents, contractors and suppliers (hereinafter collectively "Company") the use of the premises ("Property") located at: Watts Point Quarry, Squamish, B.C. for the purposes of recording certain scenes for the above-referenced motion picture ("Picture"), including without limitation photographing the Property and reproducing the Property elsewhere for the purpose of photographing the same, including the name, signs and identifying features thereof, accurately or otherwise, by means of film, tape, videotape, digital formats or other medium. The date(s) of use: Oct.15th (prep) , Oct. 16th (Shoot) , Oct. 17th (Wrap) (provided said date(s) may be changed by Company on account of weather conditions, changes in the production schedule and other such currently unanticipated changes). Grantor also grants permission for Company to reenter the Property for the purpose of making added scenes and retakes ("Additional Use") and Company and Grantor shall coordinate in good faith, taking into account Company's required schedule, with respect to any such required Additional Use. Additional Use shall be at the prorated rate of $1,050.00 per day. All other TThe terms of this Agreement shall also govern any Additional Use. 2. RESTORATION OF PROPERTY. Company may place any and all necessary facilities and equipment, including temporary sets, on the Property and agrees to remove same after the completion of Company's work and leave the Property in as good condition as when received, reasonable wear and tear from uses permitted herein excepted. 3. RIGHTS. All rights of every kind in and to all photography and sound recordings made hereunder (including, but not limited to, the right to exhibit any and all scenes photographed or recorded at and of the Property or reproduction of the Property throughout the world in perpetuity) shall be and remain vested in Company, its successors, assigns and licensees. Neither Grantor nor any tenant, or other party now or hereafter having an interest in the Property, shall have any right of action against Company or any other party arising out of any use of the photography and/or sound recordings made at the Property whether or not such use is, or may be claimed to be defamatory, untrue, or censurable in nature and Grantor, for himself and any tenants and assignees, hereby waives any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of any such photography or sound recordings. Grantor hereby waives any and all “moral rights” it may have, if any, in all photographs and sound recordings made hereunder and in and to the use of such photographs and/or sound recordings in the Picture. 4. REMEDIES. Company shall have no obligation to use the Property or include the Property in the Picture. Grantor may not terminate or rescind the permission granted to Company hereunder to use and photograph the Property. The rights and remedies of Grantor in the event of any breach by Company of this Agreement shall be limited to Grantor's right to recover damages, if any, in an arbitration, and Grantor waives any right or remedy in equity to enjoin, restrain or otherwise impair the production, exhibition, marketing, promotion, distribution or exploitation of the Picture. Grantor acknowledges and agrees that the Property is a primary location for use by Company as part of the photography of a motion picture, and that any interference with use thereof by Company shall cause Company substantial
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monetary and other damage which can not be adequately compensated in damages. Accordingly, without limiting any other right or remedy of Company, Grantor agrees that Company shall be entitled to injunctive and other equitable relief to prevent any interference with use of the property by Company hereunder. 5. INDEMNIFICATION/INSURANCE. Company will indemnify and hold Grantor harmless from and against any and all claims and demands arising out of personal injury or damage to or destruction of the Property resulting directly from Company's use of said Property, except to the extent that Grantor contributes to such injury or damage; provided that Grantor shall submit to Company in writing a detailed listing of all claimed injury and/or property damage no later than five (5) days following the occurrence thereof and Grantor shall permit Company to inspect the property alleged to be damaged. Company shall provide Grantor, prior to the use of the Property, with evidence of commercial general and excess/umbrella liability insurance in a combined amount no less than Five Million Dollars ($5,000,000) naming Grantor as an additional insured party thereon. 6. ARBITRATION. Any and all disputes arising out of or in connection with this Agreement shall be resolved by single arbitrator in accordance with the Commercial Arbitration Act (British Columbia). The Parties will be individually responsible for their own legal expense incurred in the course of a dispute and the arbitration of any dispute under this Agreement. 7. AUTHORITY TO ENTER AGREEMENT. This is the entire agreement. Grantor warrants that the person signing this Agreement is Grantor or Grantor’s authorized agent and as such, has the right to enter into this Agreement and that no other authorization is necessary to enable Company to use the Property for the purposes set forth above. SPECIAL PROVISIONS: AGREED AND ACCEPTED: FAREWELL PRODUCTIONS LTD. Signature: Name: Shawn Williamson Title: Executive Producer
GRANTOR Signature: Name: Address (if different from Property): Murrin Construction Ltd. P.O. Box 91908 STN WEST VAN West Vancouver, B.C. V7V-4S4 Telephone: Goods and Services Tax #
1
Allen, Louise
From: Allen, LouiseSent: Thursday, October 10, 2013 12:38 PMTo: 'Jason Collier'; Hunter, DennisCc: Terry Mackay; Herrera, Terri; Barnes, Britianey; Zechowy, Linda; Luehrs, DawnSubject: RE: Farewell Productions - The Interview - Murrin Construction AgreementAttachments: Murrin Construction - The Int (RM).doc
Jason … I tweaked the language you supplied to conform with our insurance regime. See redline attached. Thanks,
Louise Allen Risk Management T: (519) 273‐3678
From: Jason Collier [mailto:[email protected]] Sent: Wednesday, October 09, 2013 9:41 PM To: Hunter, Dennis Cc: Terry Mackay; Herrera, Terri; Barnes, Britianey; Allen, Louise; Zechowy, Linda; Luehrs, Dawn Subject: Farewell Productions - The Interview - Murrin Construction Agreement Hi Dennis, One of our locations we are filming at is using the Sony location agreement has asked for insurance of 5million, not the stated 1million. I made the change myself , see attached agreement, and let me know if that is ok. Thanks! Jason M. Collier Assistant Location Manager FAREWELL PRODUCTIONS LTD. #503 - 2400 Boundary Rd. Burnaby, B.C.,V5M-3Z3 604-628-3150 O. 604-628-3151 F.
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PRODUCTION # __________ Date: Oct 9th , 2013 PRODUCTION TITLE: "The Interview"
LOCATION AGREEMENT 1. USE OF PROPERTY. In consideration of the payment of Four Thousand and Fifty Dollars plus GST ($_4050.00_+GST___), which will become due and payable at such time, if ever, as the premises are used in accordance with this Agreement, the undersigned as owner/agent ("Grantor"), having the full right and authority so to do, hereby irrevocably grants FAREWELL PRODUCTIONS LTD. and its employees, agents, contractors and suppliers (hereinafter collectively "Company") the use of the premises ("Property") located at: Watts Point Quarry, Squamish, B.C. for the purposes of recording certain scenes for the above-referenced motion picture ("Picture"), including without limitation photographing the Property and reproducing the Property elsewhere for the purpose of photographing the same, including the name, signs and identifying features thereof, accurately or otherwise, by means of film, tape, videotape, digital formats or other medium. The date(s) of use: Oct.15th (prep) , Oct. 16th (Shoot) , Oct. 17th (Wrap) (provided said date(s) may be changed by Company on account of weather conditions, changes in the production schedule and other such currently unanticipated changes). Grantor also grants permission for Company to reenter the Property for the purpose of making added scenes and retakes ("Additional Use") and Company and Grantor shall coordinate in good faith, taking into account Company's required schedule, with respect to any such required Additional Use. The terms of this Agreement shall also govern any Additional Use. 2. RESTORATION OF PROPERTY. Company may place any and all necessary facilities and equipment, including temporary sets, on the Property and agrees to remove same after the completion of Company's work and leave the Property in as good condition as when received, reasonable wear and tear from uses permitted herein excepted. 3. RIGHTS. All rights of every kind in and to all photography and sound recordings made hereunder (including, but not limited to, the right to exhibit any and all scenes photographed or recorded at and of the Property or reproduction of the Property throughout the world in perpetuity) shall be and remain vested in Company, its successors, assigns and licensees. Neither Grantor nor any tenant, or other party now or hereafter having an interest in the Property, shall have any right of action against Company or any other party arising out of any use of the photography and/or sound recordings made at the Property whether or not such use is, or may be claimed to be defamatory, untrue, or censurable in nature and Grantor, for himself and any tenants and assignees, hereby waives any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of any such photography or sound recordings. Grantor hereby waives any and all “moral rights” it may have, if any, in all photographs and sound recordings made hereunder and in and to the use of such photographs and/or sound recordings in the Picture. 4. REMEDIES. Company shall have no obligation to use the Property or include the Property in the Picture. Grantor may not terminate or rescind the permission granted to Company hereunder to use and photograph the Property. The rights and remedies of Grantor in the event of any breach by Company of this Agreement shall be limited to Grantor's right to recover damages, if any, in an arbitration, and Grantor waives any right or remedy in equity. Grantor acknowledges and agrees that the Property is a primary location for use by Company as part of the photography of a motion picture, and that any interference with use thereof by Company shall cause Company substantial monetary and other damage which can not be adequately compensated in damages. Accordingly, without limiting any other right or remedy of Company, Grantor agrees that Company shall be entitled to injunctive and other equitable
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relief to prevent any interference with use of the property by Company hereunder. 5. INDEMNIFICATION/INSURANCE. Company will indemnify and hold Grantor harmless from and against any and all claims and demands arising out of personal injury or damage to or destruction of the Property resulting directly from Company's use of said Property, except to the extent that Grantor contributes to such injury or damage; provided that Grantor shall submit to Company in writing a detailed listing of all claimed injury and/or property damage no later than five (5) days following the occurrence thereof and Grantor shall permit Company to inspect the property alleged to be damaged. Company shall provide Grantor, prior to the use of the Property, with evidence of commercial general and excess/umbrella liability insurance in a combined amount no less than Five Million Dollars ($5,000,000) naming Grantor as an additional insured party thereon. 6. ARBITRATION. Any and all disputes arising out of or in connection with this Agreement shall be resolved by single arbitrator in accordance with the Commercial Arbitration Act (British Columbia). The Parties will be individually responsible for their own legal expense incurred in the course of a dispute and the arbitration of any dispute under this Agreement. 7. AUTHORITY TO ENTER AGREEMENT. This is the entire agreement. Grantor warrants that the person signing this Agreement is Grantor or Grantor’s authorized agent and as such, has the right to enter into this Agreement and that no other authorization is necessary to enable Company to use the Property for the purposes set forth above. SPECIAL PROVISIONS: AGREED AND ACCEPTED: FAREWELL PRODUCTIONS LTD. Signature: Name: Shawn Williamson Title: Executive Producer
GRANTOR Signature: Name: Address (if different from Property): Murrin Construction Ltd. P.O. Box 91908 STN WEST VAN West Vancouver, B.C. V7V-4S4 Telephone: Goods and Services Tax #
1
Allen, Louise
From: Hunter, DennisSent: Thursday, October 10, 2013 12:34 PMTo: Jason Collier; Herrera, Terri; Barnes, Britianey; Allen, Louise; Zechowy, Linda; Luehrs, DawnCc: Terry MackaySubject: RE: Farewell Productions - The Interview - Murrin Construction AgreementAttachments: INT.MurrinConstructionAGREE.rev change to $5MM ins.doc
Hi Jason, Normally you should direct insurance issues to Risk Mgt. I went ahead and made the change. In order to get to the $5MM it’s a combination of the CGL and excess/umbrella liability policies. Thanks, Dennis
From: Jason Collier [mailto:[email protected]] Sent: Wednesday, October 09, 2013 6:41 PM To: Hunter, Dennis Cc: Terry Mackay; Herrera, Terri; Barnes, Britianey; Allen, Louise; Zechowy, Linda; Luehrs, Dawn Subject: Farewell Productions - The Interview - Murrin Construction Agreement Hi Dennis, One of our locations we are filming at is using the Sony location agreement has asked for insurance of 5million, not the stated 1million. I made the change myself , see attached agreement, and let me know if that is ok. Thanks! Jason M. Collier Assistant Location Manager FAREWELL PRODUCTIONS LTD. #503 - 2400 Boundary Rd. Burnaby, B.C.,V5M-3Z3 604-628-3150 O. 604-628-3151 F.
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PRODUCTION # __________ Date: Oct 9th , 2013 PRODUCTION TITLE: "The Interview"
LOCATION AGREEMENT 1. USE OF PROPERTY. In consideration of the payment of Four Thousand and Fifty Dollars plus GST ($_4050.00_+GST___), which will become due and payable at such time, if ever, as the premises are used in accordance with this Agreement, the undersigned as owner/agent ("Grantor"), having the full right and authority so to do, hereby irrevocably grants FAREWELL PRODUCTIONS LTD. and its employees, agents, contractors and suppliers (hereinafter collectively "Company") the use of the premises ("Property") located at: Watts Point Quarry, Squamish, B.C. for the purposes of recording certain scenes for the above-referenced motion picture ("Picture"), including without limitation photographing the Property and reproducing the Property elsewhere for the purpose of photographing the same, including the name, signs and identifying features thereof, accurately or otherwise, by means of film, tape, videotape, digital formats or other medium. The date(s) of use: Oct.15th (prep) , Oct. 16th (Shoot) , Oct. 17th (Wrap) (provided said date(s) may be changed by Company on account of weather conditions, changes in the production schedule and other such currently unanticipated changes). Grantor also grants permission for Company to reenter the Property for the purpose of making added scenes and retakes ("Additional Use") and Company and Grantor shall coordinate in good faith, taking into account Company's required schedule, with respect to any such required Additional Use. The terms of this Agreement shall also govern any Additional Use. 2. RESTORATION OF PROPERTY. Company may place any and all necessary facilities and equipment, including temporary sets, on the Property and agrees to remove same after the completion of Company's work and leave the Property in as good condition as when received, reasonable wear and tear from uses permitted herein excepted. 3. RIGHTS. All rights of every kind in and to all photography and sound recordings made hereunder (including, but not limited to, the right to exhibit any and all scenes photographed or recorded at and of the Property or reproduction of the Property throughout the world in perpetuity) shall be and remain vested in Company, its successors, assigns and licensees. Neither Grantor nor any tenant, or other party now or hereafter having an interest in the Property, shall have any right of action against Company or any other party arising out of any use of the photography and/or sound recordings made at the Property whether or not such use is, or may be claimed to be defamatory, untrue, or censurable in nature and Grantor, for himself and any tenants and assignees, hereby waives any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of any such photography or sound recordings. Grantor hereby waives any and all “moral rights” it may have, if any, in all photographs and sound recordings made hereunder and in and to the use of such photographs and/or sound recordings in the Picture. 4. REMEDIES. Company shall have no obligation to use the Property or include the Property in the Picture. Grantor may not terminate or rescind the permission granted to Company hereunder to use and photograph the Property. The rights and remedies of Grantor in the event of any breach by Company of this Agreement shall be limited to Grantor's right to recover damages, if any, in an arbitration, and Grantor waives any right or remedy in equity. Grantor acknowledges and agrees that the Property is a primary location for use by Company as part of the photography of a motion picture, and that any interference with use thereof by Company shall cause Company substantial monetary and other damage which can not be adequately compensated in damages. Accordingly, without limiting any other right or remedy of Company, Grantor agrees that Company shall be entitled to injunctive and other equitable
Page 2 of 2
relief to prevent any interference with use of the property by Company hereunder. 5. INDEMNIFICATION/INSURANCE. Company will indemnify and hold Grantor harmless from and against any and all claims and demands arising out of personal injury or damage to or destruction of the Property resulting directly from Company's use of said Property, except to the extent that Grantor contributes to such injury or damage; provided that Grantor shall submit to Company in writing a detailed listing of all claimed injury and/or property damage no later than five (5) days following the occurrence thereof and Grantor shall permit Company to inspect the property alleged to be damaged. Company shall provide Grantor, prior to the use of the Property, with evidence of commercial general and excess/umbrella liability insurance in an amount no less than Five Million Dollars ($5,000,000) naming Grantor as an additional insured party thereon. 6. ARBITRATION. Any and all disputes arising out of or in connection with this Agreement shall be resolved by single arbitrator in accordance with the Commercial Arbitration Act (British Columbia). The Parties will be individually responsible for their own legal expense incurred in the course of a dispute and the arbitration of any dispute under this Agreement. 7. AUTHORITY TO ENTER AGREEMENT. This is the entire agreement. Grantor warrants that the person signing this Agreement is Grantor or Grantor’s authorized agent and as such, has the right to enter into this Agreement and that no other authorization is necessary to enable Company to use the Property for the purposes set forth above. SPECIAL PROVISIONS: AGREED AND ACCEPTED: FAREWELL PRODUCTIONS LTD. Signature: Name: Shawn Williamson Title: Executive Producer
GRANTOR Signature: Name: Address (if different from Property): Murrin Construction Ltd. P.O. Box 91908 STN WEST VAN West Vancouver, B.C. V7V-4S4 Telephone: Goods and Services Tax #