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The Filming Permit Application Request (the "Application") shall be completed and returned with an Insurance Certificate and any sketches or maps no later than ten (10) working days prior to filming, exclusive of Saturdays, Sundays and holidays. If this Application is approved by the City, the City will issue the Production Company a permit, which must be retained by the Production Company for inspection at any site(s) where the filming will take place (the “Filming Location”).
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The Production Company shall continuously save and keep harmless and fully indemnify The Corporation of the City of Oshawa (the “City”) from and against any and all actions, causes of action, claims, legal proceedings, charges, costs, damages, demands, expenses, fees (including legal fees), debts, judgments and any other liabilities or losses (“Claims”) which may be brought against or made upon or incurred by or suffered by or imposed on the City resulting from or arising out of or in any way related to this Application, the operations of the Production Company, the planning and execution of the filming and/or the issuance or existence of a permit.
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For the duration of filming, the Production Company shall procure and maintain a Commercial General Liability insurance policy written on an occurrence basis with a liability limit of not less than Five Million Dollars ($5,000,000), or an amount deemed to be satisfactory to the City in its sole and absolute discretion, per accident or occurrence (the “Policy”), with the City named on the Policy as an Additional Insured without subrogation, and shall contain a cross liability and/or severability clause which protects each insured to the same extent as if they were separately insured. The Policy shall include, but is not limited to, third party bodily injury including death, property damage, personal injury, advertising liability, products and completed operations. The Policy shall be taken out with an insurance company licenced to carry on the business of insurance in Ontario and shall be endorsed to provide that the City is to receive not less than thirty (30) days’ notice in writing in advance of any cancellation, material amendment, or change restricting coverage. Automobile liability insurance including all vehicles and commercial trailers owned or leased by the Production Company, for an amount not less than Two Million Dollars ($2,000,000) on forms meeting statutory requirements covering all vehicles and commercial trailers used in any manner in connection with the performance of the terms of this agreement.
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The Production Company shall verify that valid insurance coverage as set out in this Application is in place by submitting an Insurance Certificate to the City at least five (5) days prior to the commencement of filming, which must be acceptable in all respects to the City.
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In addition to this Application, the Production Company may be required to obtain other permits when filming on roads and/or property. It is the responsibility of the Production Company to ensure that all the required permits are in place prior to the commencement.
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If Special Effects (“FX”), such as pyrotechnics, are involved in the filming, then the Production Company must confirm that it has insurance coverage in place for FX operations.
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Where FX are required, the Production Company shall submit an FX Plan through Film Oshawa to Oshawa Fire Services for review, as well as pay any applicable fee as per the City’s General Fees and Charges By-Law 13-2003.
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If it is determined by Oshawa Fire Services, or requested by the Production Company, that an on-site Oshawa Fire Services vehicle is required, the Production Company shall pay the fee for the Oshawa Fire Services vehicle in accordance with the Ministry of Transportation’s rates in effect at the time of service. This service consists of one fire suppression vehicle and four fire suppression staff.
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The Production Company shall ensure that adequate signage, barricades and signals to guide pedestrians and/or motorists around the Filming Location is provided, erected and maintained by the Production Company prior to, and during to the satisfaction of the The Production Company shall comply with any request by the City to move or remove any signage, barricades and signals, and upon completion of filming, the Production Company shall remove all signage, barricades and signals.
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The Production Company shall ensure that vehicular and/or pedestrian access to all properties is maintained during filming.
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The Production Company shall ensure that through traffic is maintained at all times during filming, unless otherwise approved by the City and/or The Regional Municipality of Durham (the “Region”).
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Traffic on a road may not be stopped in any direction for longer than a three (3) minute interval. If traffic must be stopped for a longer period, if a road is to be partially closed and/or if traffic is restricted in any way, it is the responsibility of the Production Company to complete the City’s Event Road and Sidewalk Use/Closure Application and/or request the necessary form from the Region to inform them of the road affected and the dates and time of commencement and completion of filming and obtain the appropriate Road Occupancy Permit (“ROP”).
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A Pay Duty Police Officer (“PDO”) must be at the Filming Location when traffic is stopped in any direction or for travelling.
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No permanent or temporary fixtures or road signs may be covered, removed or altered in any way without the express written approval of the City and/or the Region.
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The Production Company must comply at all times with local parking regulations, unless otherwise exempted by the City.
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When refuse collection will be interrupted as a result of filming, the Production Company shall be responsible for making alternate arrangements which are satisfactory to the City and the affected property owners.
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All vehicles associated with the Production Company filming which exceed maximum dimension or weight restrictions must have a valid moving permit approved by the City and/or the Region.
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The Production Company shall be responsible for all costs, including lost revenue, associated with the reservation or removal of parking meters.
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The Production Company shall be responsible for the removal of litter and the restoration of the Filming Location. If the Production Company causes any damage to the Filming Location, the Production Company shall be responsible for restoring the damaged property and/or providing compensation to the City and/property owner if the damage cannot be restored to the satisfaction of the City and/or the property owner.
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The Production Company must notify in writing any area residents and businesses that may be affected during filming at or near the Filming Location and provide to the City a copy of the notification along with a map detailing the area of notification.
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The Production Company must adhere to all applicable federal, provincial and municipal laws and by-laws, as well as all policies and guidelines pertaining to the use of City-owned facilities, for the duration of filming and while at the Filming Location.
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The City’s Noise By-Law 112-82, and any other applicable municipal noise by-law, must be adhered to at all times. Any restricted activities will require written permission from the City.
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Night filming, interior or exterior, is permitted until 11:00 p.m. only, unless written approval is obtained by the City and all affected parties.
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Wild Animals and Exotic Animals as defined under the City’s Responsible Pet Owners By-Law 14-2010 (the “Pet By-Law”), as amended, are not permitted to be kept within the City under most Exotic Animals include, but are not limited to, horses, pigs, bats, all spiders, venomous insects, bears and weasels. Refer to Schedule “A” of the Pet By-Law for a complete list of prohibited animals. Upon conviction for a first offence, fines under the Pet By-Law may be imposed of up to $5,000 per occurrence. For a subsequent conviction of the same offence, fines under the Pet By-Law may be imposed of up to $25,000 per occurrence.
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The Production Company acknowledge and agree that this Application may be disclosed by the City in response to a request for records pursuant to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M.56, as amended from time to time.
