allen, louise - wikileaks...2 eg. red chutney serves tainted food and production employees become...

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Allen, Louise

From: Allen, LouiseSent: Tuesday, June 03, 2014 4:00 PMTo: 'Andrew Gwyn Davies'; 'Alexander Lea'Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn;

Zechowy, Linda; 'Becky Maxwell'; [email protected]: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement

Andrew ... this documentation merely evidences that Red Chutney has insurance but confers no protection on production in the case of a claim caused by Red Chutney. In earlier emails, the vendor indicated production companies (eg. Fox) had been scheduled on Red Chutney's policies. Please request this paperwork so that we can review to see if it meets our needs.

Thanks, Louise Allen Risk Management T: (519) 273-3678

From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Friday, May 30, 2014 12:22 PM To: Allen, Louise; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Louise Please find attached the business insurance document from Red Chutney Thanks Andrew Gwyn Davies Production Coordinator

Point Productions Limited O: +44 (0) 20 8324 2199 M. +44 (0) 7989 216 140 E. [email protected] skype ID: andrewgwyn7 UK Production Office: Maxwell Building, Room 41, Elstree Studios, Shenley Road, Borehamwood, Hertfordshire WD6 1JG

From: Allen, Louise [mailto:[email protected]] Sent: 30 May 2014 17:07

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© Glemham Underwriting Limited 2007 Schedule Page 1 of 3

Business Insurance Schedule

Certificate Holder Red Chutney Ltd

Global House 1

Ashley Avenue

Correspondance Address

Epsom

Postcode KT18 5AD

Caterer - including mobile vansBusiness Description

High Risk Premises None

Certificate Number GMQT545829XB Certificate Version 3

Period ofinsurance

From 06/09/2013 10:12 To 05/09/2014 23:59

Premium £3,037.38 Plus 6% IPT £182.24 £3,219.62

Annual Premium £3,037.38 Plus 6% IPT £182.24 £3,219.62

Underwriters Signed on behalf of QBE Insurance (Europe) Limited and AXA Insurance UK PLC

Jason Stockwood, Chief Executive Officer, Xbridge Ltd

In witness whereof thisCertificate has beensigned at the placestated and on the datespecified by

06/09/2013

Risk Address

Global House 1The Premises

Ashley Avenue

Postcode KT18 5AD

including any site or premises where you undertake work in connection with the Businessnoted above

Endorsement Summary

Section DescriptionIt is noted that works are currently being carried out for Fox UK Productions Ltd


Property Damage SectionProperty Insured

Item Description Sum Insured1 Buildings Not Insured

2Business and Computer Equipment including Fixtures and Fittings - UKOnly

Not Insured

3 Business and Computer Equipment - Outside UK Not Insured

4 Stock Including Customers Goods In Your Control Not Insured

Subsidence Included?Yes No

Excesses

Description AmountEach and every loss other than below £250

Subsidence (If Included) £1,000

Escape of water £500

Business Interruption Section

Basis of Cover

Description Sum Insured Maximum Indemnity PeriodLoss of Gross Revenue Not Insured 12 Months

Increase in Cost of Working Not Insured 12 Months

Terrorism Section

Cover Included?Yes No

Goods in Transit SectionProperty Insured

Item Description Limit of Liability1 Business and Computer Equipment - UK Only Not Insured



4 Your Tools Not Insured

Excess

Description Amount

Each and every loss£100 in respect of Tools increasing to £500 for all otherclaims


Liability Section

Insurance Clause Limit of indemnity1: Employers Liability £10,000,000 Any one claim

2: Public Liability £5,000,000 Any one claim

3: Products Liability £5,000,000 Any one period of insurance

Excess

Description AmountWater Damage to Third Party Property £500

Third Party Property Damage £100

Third Party Property Damage - Use Of Heat Not Insured

Professional Indemnity Section

Cover Limit of Indemnity1: Professional Indemnity Not Insured

2: Legal Defence Costs Not Insured

Excess

Description AmountEach and every claim £250

Contract Works Plant and Tools Section

Estimated Maximum Contract Price Not Insured

Property Insured

Item Description Sum Insured1 Works Not Insured

2 Your Plant Not Insured

3 Hired in Plant Not Insured


Excess

Description Amount


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Allen, Louise

From: Allen, LouiseSent: Friday, May 30, 2014 12:07 PMTo: 'Alexander Lea'; Andrew Gwyn DaviesCc: Hunter, Dennis; Louise Rosner; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn;

Zechowy, Linda; Becky Maxwell; [email protected]: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement

Andrew ... perhaps Red Chutney could send us its insurance paperwork so that we can look at it. I know Michael Gilbert from Red Chutney indicated in his email on May 14 that there is no issue with naming production companies as clients on their policy (ie. Fox is on the existing schedule). We can submit the paperwork to our broker and see if it will suffice.


From: Alexander Lea [mailto:[email protected]] Sent: Friday, May 30, 2014 11:50 AM To: Allen, Louise; Andrew Gwyn Davies Cc: Hunter, Dennis; Louise Rosner; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; Becky Maxwell; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Louise – My understanding is that being named as having an “Additional Interest” is nothing like being named as an “Additional Insured”. To cover what we seek, we’ll need Point to be named as an “Additional Insured”. Kind regards Alex

Alexander Lea

Solicitor

t: +44(0)1242 631 351 |m: +44 (0)7748 656 424 | f: +44 (0)1242 224 223

w: www.wiggin.co.uk

From: Allen, Louise [mailto:[email protected]] Sent: 30 May 2014 16:30 To: Andrew Gwyn Davies; Alexander Lea Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black,Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement By requesting additional insured/interested party status, we are really looking for protection under Red Chutney's insurance in the case of a claim for which Red Chutney is responsible.

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eg. Red Chutney serves tainted food and production employees become sick or die. The person who became sick or the estate of the person who died sues Red Chutney and production. As we are not responsible for the preparation of the food, we seek protection under Red Chutney's insurance coverage. Production's insurance should not have to be involved in the claim. eg. Red Chutney's equipment malfunctions causing a fire that burns down a building. The owner of the building sues Red Chutney and production. Again, we are not responsible for the fire so we would seek protection under Red Chutney's insurance policy. In the U.S., we would have that protection by being added as an additional insured under the caterer's policy. Assuming interested party status in the U.K. is equivalent, that is what we seek. We don't want to be a named insured. We don't need to have notice of every minor change made to the policy. We just want protection if Red Chutney causes a loss/injury/claim.


From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Thursday, May 29, 2014 6:22 AM To: 'Alexander Lea'; Allen, Louise Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Alex/Louise Please find attached a response from Red Chutney Caterers regarding adding Point Productions Ltd to their insurance. Please let me know the best way to proceed. Thanks Andrew Gwyn Davies Production Coordinator


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From: Alexander Lea [mailto:[email protected]] Sent: 28 May 2014 16:38 To: Allen, Louise; Andrew Gwyn Davies Cc: Hunter, Dennis; Louise Rosner; Herrera, Terri; Black,Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; Becky Maxwell; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Louise – We’ve not encountered this issue with Red Chutney before. I don’t see why adding Point as an additional insured or, at the least, an interested party should be an issue. We are not asking for Point to be a named insured. As I understand it, adding Point as an interested party means that it has an “interest” in being notified whenever a policy cancels or has a major change made to it. In other words, an interested party is simply being made aware of the change – nothing else.

Alexander Lea

Solicitor

t: +44(0)1242 631 351 |m: +44 (0)7748 656 424 | f: +44 (0)1242 224 223

w: www.wiggin.co.uk

From: Allen, Louise [mailto:[email protected]] Sent: 28 May 2014 16:31 To: Alexander Lea; Andrew Gwyn Davies Cc: Hunter, Dennis; Louise Rosner; Herrera, Terri; Black,Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; Becky Maxwell; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Alex! Any updates on this matter?


From: Alexander Lea [mailto:[email protected]] Sent: Thursday, May 15, 2014 12:56 PM To: Allen, Louise; Andrew Gwyn Davies Cc: Hunter, Dennis; Louise Rosner; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; Becky Maxwell; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Louise – We’ve certainly dealt with Red Chutney before and I’m checking with colleagues whether this particular issue has arisen with them. I am struggling to think of other cases with vendors/caterers where this has cropped up.

Alexander Lea

Solicitor

t: +44(0)1242 631 351 |m: +44 (0)7748 656 424 | f: +44 (0)1242 224 223

w: www.wiggin.co.uk

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Allen, Louise

From: Michael Gilbert [[email protected]]Sent: Thursday, May 29, 2014 6:19 AMTo: 'Andrew Gwyn Davies'Cc: 'Fiona Gilbert'Subject: FW: [SPAM]RE: THE CURSE OF HENDON - Red Chutney Catering Agreement

Hi Andrew Please see the response from our broker below. I hope you appreciate that this is not Red Chutney being awkward and that we are in the hands of our insurer and broker…. I am more than happy to have an additional clause in our agreement to note that I am personally required to notify of any changes to the policy direct to PP? Speak later. Best Michael

From: Gary Kane [mailto:[email protected]] Sent: 29 May 2014 09:42 To: 'Michael Gilbert' Subject: RE: [SPAM]RE: THE CURSE OF HENDON ‐ Red Chutney Catering Agreement

Hi Michael, Unfortunately as a broker, we can only deal with the insured ie. Red Chutney, in relation to cancellations and adjustments. We will not notify any other parties in relation to cancellations or adjustments.

The schedule has always read as: ‘It is noted that works are currently being carried out for…… and we are more than happy to do the same for Point Productions Ltd. They will be noted on the policy schedule, however will not be insured under this policy and any changes to cover will need to be notified by yourselves. I hope this answers the query. Kind Regards, Gary.

Gary Kane Cert CII Account Manager

Sol House 29 St Katherine's Street Northampton NN1 2QZ Direct: 01604 823951

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Red Chutney Email from Broker, etc. 4 pages

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[email protected] http://www.simplybusiness.co.uk

Need more help? You can find plenty of information and hopefully the answers to your questions on our searchable support page,or contact us online or via social media.

3 star accreditation for Best Company to work for 2014, featured in The Sunday Times Top 100 Simply Business is proud to be recognised as a Geared for Giving employer, with nearly 30% of our staff contributing to charities through their salaries.Shortlisted and winner of multiple awards. Visit our awards and recognition page.

Want to work with us? Visit our career page for the latest jobs and why we’re an interesting bunch to work with. Company Registration Number: 03967717

From: Michael Gilbert [mailto:[email protected]] Sent: 29 May 2014 08:48 To: Gary Kane Subject: FW: [SPAM]RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Importance: High Hi Gary Can you please see below and let me know what is possible? It seems that all the other companies on the film have been able to have PP Ltd included in this way. If you can get back to me on this that would be great. Many thanks Michael

From: Andrew Gwyn Davies [mailto:[email protected]] Sent: 28 May 2014 16:56 To: 'Michael Gilbert' Cc: 'Fiona Gilbert' Subject: [SPAM]RE: THE CURSE OF HENDON ‐ Red Chutney Catering Agreement

Hi Michael Our legal/risk management departments have responded with the email below regarding adding Point Productions Ltd to your insurance. Hi Louise – We’ve not encountered this issue with Red Chutney before. I don’t see why adding Point as an additional insured or, at the least, an interested party should be an issue. We are not asking for Point to be a named insured. As I understand it, adding Point as an interested party means that it has an “interest” in being notified whenever a policy cancels or has a major change made to it. In other words, an interested party is simply being made aware of the change – nothing else.

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Can you check with your insurance company if this is possible as we need to get this sorted asap Thanks Andrew Gwyn Davies Production Coordinator


From: Michael Gilbert [mailto:[email protected]] Sent: 15 May 2014 15:32 To: 'Andrew Gwyn Davies' Cc: 'Fiona Gilbert' Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Andrew I have just heard back from our insurer and they have said:

We can note the schedule to show the following:

‘It is noted that works are currently being carried out for Point Productions Ltd’. Can you let me know if this is acceptable? Best Michael

From: Andrew Gwyn Davies [mailto:[email protected]] Sent: 14 May 2014 17:30 To: 'Michael Gilbert'; [email protected] Subject: RE: THE CURSE OF HENDON ‐ Red Chutney Catering Agreement

Thanks Michael Andrew Gwyn Davies Production Coordinator

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From: Michael Gilbert [mailto:[email protected]] Sent: 14 May 2014 17:27 To: Andrew Gwyn Davies; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Andrew I will ask the broker and get back to you but previously we have simply named production companies as clients on our policy (I think Fox are on the existing schedule) so that would not be a problem at least. I'll get back to you with everything tomorrow. Best Michael Sent from Samsung Mobile

-------- Original message -------- From: Andrew Gwyn Davies Date:14/05/2014 16:53 (GMT+00:00) To: 'Michael Gilbert' ,[email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Michael Please see email below from Sony: Rather than adding the various entities as "additional insureds", please request that they be added as "interested parties". That status has been granted by UK vendors to us in the past. The property does not have to be insured separately so long as it is insured. If we are given evidence of the

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Allen, Louise

From: Allen, LouiseSent: Wednesday, May 28, 2014 11:31 AMTo: 'Alexander Lea'; Andrew Gwyn DaviesCc: Hunter, Dennis; Louise Rosner; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn;


Hi Alex! Any updates on this matter?



Alexander Lea

Solicitor

t: +44(0)1242 631 351 |m: +44 (0)7748 656 424 | f: +44 (0)1242 224 223

w: www.wiggin.co.uk

From: Allen, Louise [mailto:[email protected]] Sent: 15 May 2014 16:31 To: Andrew Gwyn Davies; Alexander Lea Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black,Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Alex ... have you encountered this situation before in which vendors/caterers are unable or refuse to add as additional insureds or interested parties? The solution suggested below doesn't seem to respond adequately to our concerns as it doesn't seem to grant us any coverage rights under Red Chutney's policies in the case of a claim.

Thanks, Louise Allen

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Allen, Louise

From: Allen, LouiseSent: Friday, May 16, 2014 5:32 PMTo: Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey; Herrera, Terri; Hunter, DennisSubject: FW: THE CURSE OF HENDON - Red Chutney Catering Agreement

I spoke to Alex about this today. He is checking to see what Red Chutney has done on other productions but indicated he found it surprising that the vendor didn't want to add us as additional insured or interested party. We should know more next week ...



Alexander Lea

Solicitor

t: +44(0)1242 631 351 |m: +44 (0)7748 656 424 | f: +44 (0)1242 224 223

w: www.wiggin.co.uk

From: Allen, Louise [mailto:[email protected]] Sent: 15 May 2014 16:31 To: Andrew Gwyn Davies; Alexander Lea Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black,Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Alex ... have you encountered this situation before in which vendors/caterers are unable or refuse to add as additional insureds or interested parties? The solution suggested below doesn't seem to respond adequately to our concerns as it doesn't seem to grant us any coverage rights under Red Chutney's policies in the case of a claim.

Thanks,

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Louise Allen Risk Management T: (519) 273-3678

From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Thursday, May 15, 2014 10:53 AM To: Allen, Louise; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Louise Please find below an email from Red Chutney regarding their insurance: Hi Andrew I have just heard back from our insurer and they have said: We can note the schedule to show the following: ‘It is noted that works are currently being carried out for Point Productions Ltd’. Can you let me know if this is acceptable? Best Michael Can you let me know if the above is acceptable. Thanks Andrew Gwyn Davies Production Coordinator


From: Allen, Louise [mailto:[email protected]] Sent: 14 May 2014 16:37 To: Andrew Gwyn Davies; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky

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Allen, Louise

From: Allen, LouiseSent: Wednesday, May 14, 2014 11:37 AMTo: 'Andrew Gwyn Davies'; 'Alexander Lea'Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn;


Hi Andrew! Rather than adding the various entities as "additional insureds", please request that they be added as "interested parties". That status has been granted by UK vendors to us in the past. The property does not have to be insured separately so long as it is insured. If we are given evidence of the vehicle accident policy that conforms with the agreement and indicates the equipment is covered, that will be fine. Alexander ... have you encountered these situations before? If so, what was the outcome?


From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Wednesday, May 14, 2014 10:20 AM To: Allen, Louise; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Louise Please see email below from Red Chutney regarding their insurance

Hi Andrew These changes are going to be problematic. I've been through this process with Disney and other US studios who have asked for similar amendments to our policy and they have not been possible. It is not a case of wording or additional cost, simply that no UK insurer would underwrite an additional insured clause. I am unsure why you would want us to insure property (our equipment) separately? The kit is 99% fixed to our kitchens and covered on our vehicle policy for road accident etc. All our staff are self-employed or part owners, so we do not have any workers compensation. I will forward the other points to our broker but the additional insured isnt possible I'm afraid. Best wishes

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Allen, Louise

From: Luehrs, DawnSent: Wednesday, May 14, 2014 11:24 AMTo: Allen, Louise; Clausen, JanelCc: Barnes, Britianey; Zechowy, Linda; Herrera, TerriSubject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement

Rather than additional insured, did you ask about being an “interested party”? We have been granted that status on other occasions but maybe it’s for the larger vendors. If they are saying their equipment is covered under the auto policy, think we have to accept that possibility. Does their policy specifically call it out? Of course nothing to be said re WC. What does Alexander have to say about our requests – are they unreasonable for a small vendor? ……..d Dawn Luehrs Director, Risk Management Production (310) 244-4230 - Direct Line (310) 244-6111 - Fax (310) 487-9690 - Cell

From: Allen, Louise Sent: Wednesday, May 14, 2014 7:28 AM To: Luehrs, Dawn; Clausen, Janel Cc: Barnes, Britianey; Zechowy, Linda; Herrera, Terri Subject: FW: THE CURSE OF HENDON - Red Chutney Catering Agreement Dawn/Janel ... what are your thoughts about the vendor's comments in italics below, particularly re: additional insured?


From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Wednesday, May 14, 2014 10:20 AM To: Allen, Louise; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement

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Hi Louise Please see email below from Red Chutney regarding their insurance

Hi Andrew These changes are going to be problematic. I've been through this process with Disney and other US studios who have asked for similar amendments to our policy and they have not been possible. It is not a case of wording or additional cost, simply that no UK insurer would underwrite an additional insured clause. I am unsure why you would want us to insure property (our equipment) separately? The kit is 99% fixed to our kitchens and covered on our vehicle policy for road accident etc. All our staff are self-employed or part owners, so we do not have any workers compensation. I will forward the other points to our broker but the additional insured isnt possible I'm afraid. Best wishes Michael Please let me know your thoughts in order to proceed Thanks Andrew Gwyn Davies Production Coordinator


From: Allen, Louise [mailto:[email protected]] Sent: 13 May 2014 21:28 To: Andrew Gwyn Davies; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Here are the changes we require to the insurance paperwork:

evidence of property insurance at replacement cost

some evidence of worker's compensation coverage ... Is there a registration number that the UK body overseeing work comp issues to each employer? If so, that would suffice as evidence of coverage.

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Allen, Louise

From: Allen, LouiseSent: Tuesday, May 13, 2014 4:28 PMTo: 'Andrew Gwyn Davies'; 'Alexander Lea'Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn;


Here are the changes we require to the insurance paperwork:

evidence of property insurance at replacement cost

some evidence of worker's compensation coverage ... Is there a registration number that the UK body overseeing work comp issues to each employer? If so, that would suffice as evidence of coverage.

There should be a certificate of insurance issued to Point Productions Limited.

The cert should indicate ... Point Productions Limited, its parent(s), subsidiaries, licensees, successors, related and affiliated companies and their officers, directors, employees, agents, representatives and assigns are added as additional insureds as their interests may appear and, where applicable, as loss payees as their interests may appear. The named insureds policies are primary and any insurance maintained by the additional insureds is non‐contributory.

Endorsements ... we require (a) an additional insured endorsement and (b) a primary non contributory endorsement. Either a blanket endorsement that is already part of the policy or a customized endorsement with the wording above is acceptable.


From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Tuesday, May 13, 2014 6:14 AM To: Allen, Louise; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Louise Please find attached the Business Insurance Schedule for Red Chutney Catering as requested. Thanks Andrew Gwyn Davies Production Coordinator

Point Productions Limited O: +44 (0) 20 8324 2199 M. +44 (0) 7989 216 140


Business Insurance Schedule

Certificate Holder Red Chutney Ltd

Global House 1

Ashley Avenue

Correspondance Address

Epsom

Postcode KT18 5AD

Caterer - including mobile vansBusiness Description

High Risk Premises None

Certificate Number GMQT545829XB Certificate Version 3

Period ofinsurance

From 06/09/2013 10:12 To 05/09/2014 23:59

Premium £3,037.38 Plus 6% IPT £182.24 £3,219.62

Annual Premium £3,037.38 Plus 6% IPT £182.24 £3,219.62

Underwriters Signed on behalf of QBE Insurance (Europe) Limited and AXA Insurance UK PLC

Jason Stockwood, Chief Executive Officer, Xbridge Ltd

In witness whereof thisCertificate has beensigned at the placestated and on the datespecified by

06/09/2013

Risk Address

Global House 1The Premises

Ashley Avenue

Postcode KT18 5AD

including any site or premises where you undertake work in connection with the Businessnoted above

Endorsement Summary

Section DescriptionIt is noted that works are currently being carried out for Fox UK Productions Ltd


Property Damage SectionProperty Insured

Item Description Sum Insured1 Buildings Not Insured

2Business and Computer Equipment including Fixtures and Fittings - UKOnly

Not Insured



Subsidence Included?Yes No

Excesses

Description AmountEach and every loss other than below £250

Subsidence (If Included) £1,000

Escape of water £500

Business Interruption Section

Basis of Cover

Description Sum Insured Maximum Indemnity PeriodLoss of Gross Revenue Not Insured 12 Months

Increase in Cost of Working Not Insured 12 Months

Terrorism Section

Cover Included?Yes No

Goods in Transit SectionProperty Insured

Item Description Limit of Liability1 Business and Computer Equipment - UK Only Not Insured




Excess

Description Amount



Liability Section

Insurance Clause Limit of indemnity1: Employers Liability £10,000,000 Any one claim

2: Public Liability £5,000,000 Any one claim

3: Products Liability £5,000,000 Any one period of insurance

Excess

Description AmountWater Damage to Third Party Property £500

Third Party Property Damage £100

Third Party Property Damage - Use Of Heat Not Insured

Professional Indemnity Section

Cover Limit of Indemnity1: Professional Indemnity Not Insured

2: Legal Defence Costs Not Insured

Excess

Description AmountEach and every claim £250

Contract Works Plant and Tools Section

Estimated Maximum Contract Price Not Insured

Property Insured

Item Description Sum Insured1 Works Not Insured

2 Your Plant Not Insured

3 Hired in Plant Not Insured


Excess

Description Amount


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Allen, Louise

From: Andrew Gwyn Davies [[email protected]]Sent: Monday, May 12, 2014 2:24 PMTo: Allen, Louise; 'Alexander Lea'Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn;


Thanks Louise I will email the company to provide these and send them to you as soon as possible. Andrew Gwyn Davies Production Coordinator


From: Allen, Louise [mailto:[email protected]] Sent: 12 May 2014 19:16 To: Andrew Gwyn Davies; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Risk Mgmt must also review and approve Red Chutney's insurance before services are rendered. A certificate should not be issued to this vendor; rather the vendor will be providing a certificate of insurance to production.


From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Monday, May 12, 2014 7:55 AM To: Allen, Louise; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky

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Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Louise/Alex Please find attached the signed catering agreement from Red Chutney signed by the Managing Director, Michael Gilbert. They are sending us 2x original copies to countersign, and when I have a fully signed version I will send this to you. Thanks Andrew Gwyn Davies Production Coordinator


From: Allen, Louise [mailto:[email protected]] Sent: 09 May 2014 15:04 To: Andrew Gwyn Davies; 'Alexander Lea' Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement I inserted those two sections into the agreement. See attached redline and clean copy for execution. The dates must be written into the clean execution copy.


From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Friday, May 09, 2014 4:49 AM To: 'Alexander Lea'; Allen, Louise Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Alex/Louise

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Allen, Louise

From: Allen, LouiseSent: Friday, May 09, 2014 10:04 AMTo: 'Andrew Gwyn Davies'; 'Alexander Lea'Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn;

Zechowy, Linda; 'Becky Maxwell'; [email protected]: RE: THE CURSE OF HENDON - Red Chutney Catering AgreementAttachments: Red Chutney Catering - Curse (RM)(Revised).docx; Red Chutney Catering - Curse

_RM__EXECUTION_.pdf

I inserted those two sections into the agreement. See attached redline and clean copy for execution. The dates must be written into the clean execution copy.


From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Friday, May 09, 2014 4:49 AM To: 'Alexander Lea'; Allen, Louise Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Alex/Louise I have had a response from our catering company, Red Chutney, and they are ok with us adding the performance and confidentiality sections into the agreement. Would it be possible to add this and send me a revised agreement to be signed? Thanks Andrew Gwyn Davies Production Coordinator


Catering Agreement ("Agreement") dated ______________, (with effect from 2014) between RED CHUTNEYLIMITED ("Caterer"), with offices located at Global House, 1 Ashley Avenue, Epsom, Surrey, KT21 1BE and POINT PRODUCTIONS LIMITED ("PP"), in connection with the theatrical motion picture currently entitled "GRIMSBY" ("Picture"). 1. SERVICES: Caterer shall provide the services and equipment as outlined in Addendum "A", attached hereto and by this reference made a part hereof. 2. REPRESENTATIONS AND WARRANTIES: Caterer hereby represents, warrants and agrees that (a) Caterer has the full right, power and authority to grant PP the rights granted to PP hereunder; and (b) the personnel, services and catering equipment furnished by Caterer hereunder are and will continue to be properly licensed in accordance with all applicable laws, rules and regulations of all applicable governmental agencies. 3. INSURANCE: Caterer shall maintain at all times while any employees of Caterer are rendering services hereunder: (a), employer's liability insurance with limits of £600,000; (b), and shall maintain liability and property damage insurance (including coverage for vehicles) with limits of £5,000,000; (c). property coverage on property rented/leased/owned by Caterer at replacement cost value; (d) statutory workers compensation coverage or the equivalent thereof in the jurisdiction where services are rendered. Caterer's policies shall be endorsed to add Point Productions Limited, its parent(s), subsidiaries, licensees, successor, related and affiliated companies and their officers, directors, employees, agents, representatives and assigns as additional insureds as their interests may appear and, where applicable, as loss payees as their interests may appear. Caterer's insurance shall be endorsed such that Caterer's insurance is primary and any insurance maintained by the additional insureds is non-contributory. Caterer shall deliver to PP appropriate certificates of such insurance and policy endorsements prior to rendering any services hereunder. 4. RESPONSIBILITY FOR DAMAGE: PP shall not be liable or responsible for any damage to or loss of Caterer's catering equipment caused by: (a) the act(s) or omission(s) of Caterer or any of Caterer's employees; (b) mechanical failure or other existing condition of the equipment; (c) failure ofCaterer to repair or service their equipment properly; (d) failure of Caterer to maintain their equipment in operating condition; or (e) breach hereof by Caterer. 5. PERSONNEL: The relationship of Caterer to PPwill be that of independent contractor and nothing in this Agreement will render Caterer an employee, agent or partner of PPand Caterer will not hold himself out as such. This Agreement constitutes a contract for the provision of services and not a contract of employment and accordinglyCaterer shall be solely responsible for, and shall indemnify PP from andagainst any and all compensations, withholdings and benefits which may be due to those staffmembers and crew members and other personnel and entities whose services are engaged byCaterer on an employment or independent contracting basis in connection with Caterer's fulfilmentof its obligations to PP hereunder. 6. INDEMNIFICATION: Caterer agrees to indemnify PP, its’ associated, affiliated and related entities, parent(s), subsidiaries, successors, assigns, licensees and each of their officers, directors, employees, representatives and agents, and hold them harmless from and against any and all claims, liability, judgments, losses, damages, costs and expenses, including penalties, interest, and reasonable attorney's fees arising out of, resulting from, based upon or incurred because of a third-party claim against PP resulting

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from a breach hereof by Caterer or Caterer's negligence and/or wilful misconduct. PP shall not be liable or responsible for any damages or losses that are due to the negligence and/or wilful misconduct of Caterer. 7. PERFORMANCE. Caterer shall provide services in a professional manner in accordance with the customary practices of caterers in the entertainment industry and shall abide by all laws, statutes, rules and regulations of any applicable regulatory agencies governing the rendering of services, (e.g., the local department of health or the equivalent thereof), in the location where the services are provided. PP shall have the right to terminate this Agreement immediately for any reason, with or without cause.

8. CONFIDENTIALITY. Caterer agrees on its behalf and on behalf of all of its employees and independent contractors assigned to provide services hereunder (“Assigned Staff”) that it, and each member of the Assigned Staff, shall guard in the strictest confidence and not disclose to any third party and not use for any reason except to provide services pursuant to this Agreement, any of PP’s confidential information disclosed to Caterer or to which Caterer or any of the Assigned Staff may otherwise gain access to (including by visual inspection or otherwise) by virtue of the provision of services under this Agreement. Caterer acknowledges and agrees that PP’s confidential information includes without limitation all details regarding the Picture, the identities of the Picture cast and crew, the budget, the locations and dates, and any of the terms of this Agreement.

79. REMEDIES: In the event of any claim hereunder, whether or not material, Caterer shall not be entitled to enjoin, restrain or interfere with the advertising, publicizing, distribution, exhibition or exploitation of the Picture. 810. GOVERNING LAW: This Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales. AGREED AND ACCEPTED: RED CHUTNEY LIMITED (“CATERER”) POINT PRODUCTIONS LTD (“PP”) By ___________________________ By ____________________________ Title: _________________________ Title: __________________________

Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li, Adjust space between Latinand Asian text, Adjust space between Asiantext and numbers

ADDENDUM "A" CATERING DEAL TERMS Addendum "A" to the Agreement ("Agreement") dated as of _______________ between RED CHUTNEY LIMITED ("Caterer") and POINT PRODUCTIONS LTD ("PP"), in connection with the theatrical motion picture currently entitled "GRIMSBY" ("Picture").

Based on an minimumdaily number of 140 crew

MAIN UNIT CATERING COST

Per Head Cost to include Vehicles, Serving Equipment (e.g Bain Marie etc), Propane

Serving Breakfast and Lunch

Vehicle fuel to be at cost paid by production

£17.00

Per Head Cost for Crowd when Crowd numbers are in excess of 60

Breakfast, Lunch and Afternoon Break – running tea and coffee

When crowd numbers exceed 140 we can reduce the cost to

£15.50

£15.00

Number of Staff

4-5 (Normal Crew) included in the price per head .

Additional Continuous staff on top of this charged at £160 per day when service onset or away from the truck estimate 1 x staff member daily .

Overtime for Catering Staff after 12hrs

Is this calculated base to base?

£15.00 per hour. Yes, though travel direct where no moves if possible.

Night Shoots: Rest Day after night cost per member of staff

£160.00

Water @ Cost

We would prefer water at cost. Now £3.80 for Belu.

Late Breaks per head

£2.75 for pots. £4.50 for plated.

CRAFT COST

Craft cost per head

£5.00

Craft Manager per day

£200.00

Craft Staff per day (include how many)

£160 x 2

Craft Vehicle per day to include propane

+ fuel at cost

£125.00 + support vehicle at £75 per day

Cost of additional Craft Food to cover 1 full hour of Camera Overtime

£1.00 per hour.(50p per half hour)

GENERAL NOTES:

Water, Canned drinks& Juice: to be charged at cost

Green issues: recycled card/paper cups and plates to be used as production policy at no extra cost.

Water: where possible, water coolers should be used. PP has Sony have a tight green policy

Catering Agreement ("Agreement") dated ______________, (with effect from 2014) between RED CHUTNEYLIMITED ("Caterer"), with offices located at Global House, 1 Ashley Avenue, Epsom, Surrey, KT21 1BE and POINT PRODUCTIONS LIMITED ("PP"), in connection with the theatrical motion picture currently entitled "GRIMSBY" ("Picture"). 1. SERVICES: Caterer shall provide the services and equipment as outlined in Addendum "A", attached hereto and by this reference made a part hereof. 2. REPRESENTATIONS AND WARRANTIES: Caterer hereby represents, warrants and agrees that (a) Caterer has the full right, power and authority to grant PP the rights granted to PP hereunder; and (b) the personnel, services and catering equipment furnished by Caterer hereunder are and will continue to be properly licensed in accordance with all applicable laws, rules and regulations of all applicable governmental agencies. 3. INSURANCE: Caterer shall maintain at all times while any employees of Caterer are rendering services hereunder: (a) employer's liability insurance with limits of £600,000; (b) liability and property damage insurance (including coverage for vehicles) with limits of £5,000,000; (c) property coverage on property rented/leased/owned by Caterer at replacement cost value; (d) statutory workers compensation coverage or the equivalent thereof in the jurisdiction where services are rendered. Caterer's policies shall be endorsed to add Point Productions Limited, its parent(s), subsidiaries, licensees, successor, related and affiliated companies and their officers, directors, employees, agents, representatives and assigns as additional insureds as their interests may appear and, where applicable, as loss payees as their interests may appear. Caterer's insurance shall be endorsed such that Caterer's insurance is primary and any insurance maintained by the additional insureds is non-contributory. Caterer shall deliver to PP appropriate certificates of such insurance and policy endorsements prior to rendering any services hereunder. 4. RESPONSIBILITY FOR DAMAGE: PP shall not be liable or responsible for any damage to or loss of Caterer's catering equipment caused by: (a) the act(s) or omission(s) of Caterer or any of Caterer's employees; (b) mechanical failure or other existing condition of the equipment; (c) failure ofCaterer to repair or service their equipment properly; (d) failure of Caterer to maintain their equipment in operating condition; or (e) breach hereof by Caterer. 5. PERSONNEL: The relationship of Caterer to PPwill be that of independent contractor and nothing in this Agreement will render Caterer an employee, agent or partner of PPand Caterer will not hold himself out as such. This Agreement constitutes a contract for the provision of services and not a contract of employment and accordinglyCaterer shall be solely responsible for, and shall indemnify PP from andagainst any and all compensations, withholdings and benefits which may be due to those staffmembers and crew members and other personnel and entities whose services are engaged byCaterer on an employment or independent contracting basis in connection with Caterer's fulfilmentof its obligations to PP hereunder. 6. INDEMNIFICATION: Caterer agrees to indemnify PP, its’ associated, affiliated and related entities, parent(s), subsidiaries, successors, assigns, licensees and each of their officers, directors, employees, representatives and agents, and hold them harmless from and against any and all claims, liability, judgments, losses, damages, costs and expenses, including penalties, interest, and reasonable attorney's fees arising out of, resulting from, based upon or incurred because of a claim against PP resulting from a breach hereof by Caterer or Caterer's negligence and/or wilful misconduct. PP shall not be

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liable or responsible for any damages or losses that are due to the negligence and/or wilful misconduct of Caterer. 7. PERFORMANCE: Caterer shall provide services in a professional manner in accordance with the customary practices of caterers in the entertainment industry and shall abide by all laws, statutes, rules and regulations of any applicable regulatory agencies governing the rendering of services, (e.g., the local department of health or the equivalent thereof), in the location where the services are provided. PP shall have the right to terminate this Agreement immediately for any reason, with or without cause.

8. CONFIDENTIALITY: Caterer agrees on its behalf and on behalf of all of its employees and independent contractors assigned to provide services hereunder (“Assigned Staff”) that it, and each member of the Assigned Staff, shall guard in the strictest confidence and not disclose to any third party and not use for any reason except to provide services pursuant to this Agreement, any of PP’s confidential information disclosed to Caterer or to which Caterer or any of the Assigned Staff may otherwise gain access to (including by visual inspection or otherwise) by virtue of the provision of services under this Agreement. Caterer acknowledges and agrees that PP’s confidential information includes without limitation all details regarding the Picture, the identities of the Picture cast and crew, the budget, the locations and dates, and any of the terms of this Agreement.

9. REMEDIES: In the event of any claim hereunder, whether or not material, Caterer shall not be entitled to enjoin, restrain or interfere with the advertising, publicizing, distribution, exhibition or exploitation of the Picture. 10. GOVERNING LAW: This Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales AGREED AND ACCEPTED: RED CHUTNEY LIMITED (“CATERER”) POINT PRODUCTIONS LTD (“PP”) By ___________________________ By ____________________________ Title: _________________________ Title: __________________________


Based on an minimum daily number of 140 crew





£17.00




£15.50

£15.00

Number of Staff


Additional Continuous staff on top of this charged at £160 per day when service onset or away from the truck estimate 1 x staff member daily .

Overtime for Catering Staff after 12hrs £15.00 per hour. Yes, though travel direct where no moves


if possible.


£160.00

Water @ Cost




CRAFT COST

Craft cost per head

£5.00


£200.00


£160 x 2


+ fuel at cost




GENERAL NOTES:



Water: where possible, water coolers should be used. PP has have a tight green policy

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Allen, Louise

From: Alexander Lea [[email protected]]Sent: Friday, May 02, 2014 6:58 AMTo: Andrew Gwyn Davies; Allen, LouiseCc: Hunter, Dennis; Louise Rosner; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn;


Hi Andrew The agreement is fine. With respect to the additional provisions in the Rider highlighted by Louise, if we can get the performance and confidentiality provisions into the agreement, then that would be good. Kind regards Alex

Alexander Lea

Solicitor

t: +44(0)1242 631 351 |m: +44 (0)7748 656 424 | f: +44 (0)1242 224 223

w: www.wiggin.co.uk

From: Andrew Gwyn Davies [mailto:[email protected]] Sent: 30 April 2014 20:36 To: 'Allen, Louise'; Alexander Lea Cc: 'Hunter, Dennis'; 'Louise Rosner'; 'Herrera, Terri'; 'Black, Fran'; 'Barnes, Britianey'; 'Luehrs, Dawn'; 'Zechowy, Linda'; 'Becky Maxwell'; [email protected] Subject: RE: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Louise This is a contract that has been created by the caterer, Red Chutney, who have had previous experience with large studios which is probably why it incorporates some of Sony’s terms & conditions. Thanks Andrew Gwyn Davies Production Coordinator

Point Productions Limited O: +44 (0) 20 8324 2199 M. +44 (0) 7989 216 140 E. [email protected] skype ID: andrewgwyn7

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Allen, Louise

From: Allen, LouiseSent: Wednesday, April 30, 2014 3:17 PMTo: 'Andrew Gwyn Davies'; [email protected]: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Barnes, Britianey; Luehrs, Dawn;

Zechowy, Linda; 'Becky Maxwell'; [email protected]: RE: THE CURSE OF HENDON - Red Chutney Catering AgreementAttachments: Red Chutney Catering - Curse (RM).docx; Catering - Terms and Conditions Amending

Agreement.doc

Is this the caterer's form or a form generated by Sony for use on this production? Though the wording is different, it seems to contemplate many standard Sony issues. I amended the insurance and indemnity provisions in the document, rather than attaching the standard rider we use with catering companies. For your reference, however, I attached a copy of our standard catering rider and highlighted some provisions that seem to be missing from Red Chutney's document. I defer to Alexander and Dennis as to whether you want to add those highlighted provisions.


From: Andrew Gwyn Davies [mailto:[email protected]] Sent: Wednesday, April 30, 2014 11:12 AM To: [email protected] Cc: Hunter, Dennis; 'Louise Rosner'; Herrera, Terri; Black, Fran; Allen, Louise; Barnes, Britianey; Luehrs, Dawn; Zechowy, Linda; 'Becky Maxwell'; [email protected] Subject: THE CURSE OF HENDON - Red Chutney Catering Agreement Hi Alex Please find attached a Catering Agreement from our Caterers ‘Red Chutney’ for approval. I would be grateful if you could let me know your comments in order to move forward. Thanks Andrew Gwyn Davies Production Coordinator

Point Productions Limited O: +44 (0) 20 8324 2199 M. +44 (0) 7989 216 140

Catering Agreement ("Agreement") dated ______________, (with effect from 2014) between RED CHUTNEYLIMITED ("Caterer"), with offices located at Global House, 1 Ashley Avenue, Epsom, Surrey, KT21 1BE and POINT PRODUCTIONS LIMITED ("PP"), in connection with the theatrical motion picture currently entitled "GRIMSBY" ("Picture"). 1. SERVICES: Caterer shall provide the services and equipment as outlined in Addendum "A", attached hereto and by this reference made a part hereof. 2. REPRESENTATIONS AND WARRANTIES: Caterer hereby represents, warrants and agrees that (a) Caterer has the full right, power and authority to grant PP the rights granted to PP hereunder; and (b) the personnel, services and catering equipment furnished by Caterer hereunder are and will continue to be properly licensed in accordance with all applicable laws, rules and regulations of all applicable governmental agencies. 3. INSURANCE: Caterer shall maintain at all times while any employees of Caterer are rendering services hereunder: (a), employer's liability insurance with limits of £600,000; (b), and shall maintain liability and property damage insurance (including coverage for vehicles) with limits of £5,000,000; (c). property coverage on property rented/leased/owned by Caterer at replacement cost value; (d) statutory workers compensation coverage or the equivalent thereof in the jurisdiction where services are rendered. Caterer's policies shall be endorsed to add Point Productions Limited, its parent(s), subsidiaries, licensees, successor, related and affiliated companies and their officers, directors, employees, agents, representatives and assigns as additional insureds as their interests may appear and, where applicable, as loss payees as their interests may appear. Caterer's insurance shall be endorsed such that Caterer's insurance is primary and any insurance maintained by the additional insureds is non-contributory. Caterer shall deliver to PP appropriate certificates of such insurance and policy endorsements prior to rendering any services hereunder. 4. RESPONSIBILITY FOR DAMAGE: PP shall not be liable or responsible for any damage to or loss of Caterer's catering equipment caused by: (a) the act(s) or omission(s) of Caterer or any of Caterer's employees; (b) mechanical failure or other existing condition of the equipment; (c) failure ofCaterer to repair or service their equipment properly; (d) failure of Caterer to maintain their equipment in operating condition; or (e) breach hereof by Caterer. 5. PERSONNEL: The relationship of Caterer to PPwill be that of independent contractor and nothing in this Agreement will render Caterer an employee, agent or partner of PPand Caterer will not hold himself out as such. This Agreement constitutes a contract for the provision of services and not a contract of employment and accordinglyCaterer shall be solely responsible for, and shall indemnify PP from andagainst any and all compensations, withholdings and benefits which may be due to those staffmembers and crew members and other personnel and entities whose services are engaged byCaterer on an employment or independent contracting basis in connection with Caterer's fulfilmentof its obligations to PP hereunder. 6. INDEMNIFICATION: Caterer agrees to indemnify PP, its’ associated, affiliated and related entities, parent(s), subsidiaries, successors, assigns, licensees and each of their officers, directors, employees, representatives and agents, and hold them harmless from and against any and all claims, liability, judgments, losses, damages, costs and expenses, including penalties, interest, and reasonable attorney's fees arising out of, resulting from, based upon or incurred because of a third-party claim against PP resulting

from a breach hereof by Caterer or Caterer's negligence and/or wilful misconduct. PP shall not be liable or responsible for any damages or losses that are due to the negligence and/or wilful misconduct of Caterer. 7. REMEDIES: In the event of any claim hereunder, whether or not material, Caterer shall not be entitled to enjoin, restrain or interfere with the advertising, publicizing, distribution, exhibition or exploitation of the Picture. 8. GOVERNING LAW: This Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales AGREED AND ACCEPTED: RED CHUTNEY LIMITED (“CATERER”) POINT PRODUCTIONS LTD (“PP”) By ___________________________ By ____________________________ Title: _________________________ Title: __________________________


Based on an minimumdaily number of 140 crew





£17.00




£15.50

£15.00

Number of Staff


Additional Continuous staff

on top of this charged at £160 per day when service onset or away from the truck estimate 1 x staff member daily .

Overtime for Catering Staff after 12hrs


£15.00 per hour. Yes, though travel direct where no moves if possible.


£160.00

Water @ Cost




CRAFT COST

Craft cost per head

£5.00


£200.00


£160 x 2


+ fuel at cost




GENERAL NOTES:



Water: where possible, water coolers should be used. PP has Sony have a tight green policy

Catering Terms and Conditions Amendment

This following amends that certain catering services agreement/bid dated as of _____, 20__ (”Agreement”) between _______________ (“Caterer”) and_ [SONY ENTITY]____.(“Company”) attached hereto in connection with Company’s use of Caterer’s services (“Services”) for the theatrical motion picture or television production currently entitled “ ” (“Picture”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, Caterer and Company hereby agree to the following: 1. Indemnification. Caterer shall indemnify, defend and hold harmless Company, its parent(s), subsidiaries, licensees, successors, related and affiliated parties and their officers, directors, employees, representatives, assigns and agents from any and all liabilities, judgments, losses, claims, demands, damages, penalties, interest, costs and expenses of any kind whatsoever (including without limitation, reasonable attorneys’ and accountants’ fees and disbursements suffered by any person or persons arising out of or related to Caterer’s acts or omissions, except to the extent caused by Company's negligence or willful misconduct or Company’s breach of its representations, warranties and obligations hereunder. 2. Insurance. Caterer shall maintain insurance in accordance with Exhibit A attached hereto and will provide a certificate of insurance and policy endorsements to Company prior to rendering Services to Company hereunder. 3.. Dispute Resolution. The parties agree that any and all disputes or controversies of any nature between them arising in connection with the Picture and/or this Agreement shall be determined by binding arbitration in accordance with the rules of JAMS (or, with the agreement of the parties, ADR Services) before a single neutral arbitrator ("Arbitrator") mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the arbitration service. The Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the Superior Court for confirmation and enforcement of the award. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4. Performance. Caterer shall provide Services in a professional manner in accordance with the customary practices of caterers in the entertainment industry and shall abide by all laws, statutes, rules and regulations of any applicable regulatory agencies governing the rendering of Services, (e.g.,, the local department of health or the equivalent thereof), in the location where the Services are provided. Company shall have the right to terminate this Agreement immediately for any reason, with or without cause. 5. Confidentiality. Caterer agrees on its behalf and on behalf of all of its employees and independent contractors assigned to provide Services hereunder (“Assigned Staff”) that it, and each member of the Assigned Staff, shall guard in the strictest confidence and not disclose to any third party and not use for any reason except to provide Services pursuant to this Agreement, any of Company’s confidential information disclosed to Caterer or to which Caterer or any of the Assigned Staff may otherwise gain access to (including by visual inspection or otherwise) by virtue of the provision of Services under this Agreement. Caterer acknowledges and agrees that Company’s confidential information includes without limitation all details regarding the Picture, the identities of the Picture cast and crew, the budget, the locations and dates, and any of the terms of this Agreement.

6. Authority to Enter Agreement. Any additional changes or amendments to the Agreement must be provided in writing and executed by authorized representatives of both parties. The person signing this Agreement on behalf of Caterer warrants that he or she is Caterer or Caterer’s authorized agent and, as such, has the right to enter into this Agreement and that no other authorization is necessary. 7. Compostable Materials. Caterer warrants that it will use compostable catering supplies for containers, cups, plates, flatware, etc. 8. Amending Agreement Governs. The parties acknowledge that to the extent that any provisions of this Amending Agreement are inconsistent with the Agreement, the provisions of this Amending Agreement shall govern. ACCEPTED AND AGREED TO:

COMPANY: [SONY ENTITY]

By: Its:

CATERER: ___________________________ By: Its:

Exhibit A

[SONY ENTITY] STANDARD INSURANCE REQUIREMENTS

FOR CATERERS

A Certificate of Insurance is to be sent to the Risk Management Department of [SONY ENTITY] reflecting the following insurance coverage: Commercial General Liability - $1,000,000. per occurrence $1,000,000. aggregate Umbrella and/or Excess Liability - $2,000,000 per occurrence $2,000,000 aggregate Automobile Liability - $1,000,000. CSL Automobile Physical Damage

**Statutory Workers' Compensation **Employer's Liability - $1,000,000.

“All Risk” Property and/or Miscellaneous Equipment coverage on all property rented/leased or owned for replacement cost value For all of these coverages except Workers’ Compensation, provide an endorsement naming [SONY ENTITY], its parent(s), subsidiaries, successors, licensees, related & affiliated companies, their officers, directors, employees, agents, representatives & assigns as Additional Insureds as their interests may appear and where applicable as loss payees as their interests may appear

All endorsements required above must indicate that the Named Insured's insurance is primary and any insurance maintained by the Additional Insureds is non-contributing to any of the Named Insured’s insurance. **Worker’s Compensation coverage should include a Waiver of Subrogation endorsement in favor of [SONY ENTITY], its parent(s), subsidiaries, successors, licensees, related & affiliated companies, their officers, directors, employees, agents, representatives & assigns

A Thirty (30) Day written notice of cancellation, non-renewal or material reduction in coverage

The insurance carriers must be licensed in the state of California & have an A.M. Best Guide Rating of at least A:VII

CERTIFICATE HOLDER: [SONY ENTITY] 10202 W. Washington Blvd., Culver City, CA 90232 Attn: Risk Management ** Not required if Caterers payrolled by [SONY ENTITY]’s payroll services company

allen, louise - wikileaks...2 eg. red chutney serves tainted food and production employees become...

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