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use exclusively in connection with the County Fair if, in the County ' s Public Works Director' s sole discretion , such traffic barriers , traffic cones and lighting trees are available for such use . If the County ' s Public Works Director provides such traffic barricades , traffic cones and lighting trees for use in connection with the County Fair , the Association shall retrieve them from the County ' s storage location , and then return them to the same storage location or where the County ' s Public Works Director otherwise directs , within five ( 5 ) days following conclusion of such year ' s County Fair . The Association shall replace , at the Association ' s expense , within thirty ( 30 ) days following conclusion of such year' s County Fair , any of the County ' s lighting trees , traffic barricades and traffic cones that are damaged , lost , or stolen while in the Association ' s custody . 12 . Sanitation . The Association shall provide sanitation and adequate restroom facilities , in accordance with all applicable laws and regulations and to the County ' s satisfaction , for persons attending the County Fair . 13 . Staffing . The Association shall endeavor in good faith to procure a midway and provide staff to operate the County Fair . However , in the event that the Association fails to enter into a contract to provide a midway or if the Association determines that it cannot adequately staff the County Fair , then Association shall provide written notice to County at least sixty ( 60 ) days before the County Fair is to open that it will not manage the County Fair , in which case the County may take whatever steps it deems appropriate . 14 . First Amendment Activities . The Association agrees to provide reasonable accommodation for any activities which are protected by the First Amendment of the United States Constitution . Such accommodation may be in accordance with existing Fair rules , provided that such rules are consistent with the First Amendment and applicable law . 15 . Termination . The Association may terminate this Agreement or propose amending this Agreement by providing written notice to the County by November 1 of the year preceding the following year' s County Fair . The term of this Agreement shall be from November 1 , 2010 through October 31 , 2013 unless sooner terminated as provided herein . 16 . Governing Law/Venue . This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County , Florida , or , in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 17 , Background Recitals . The Background Recitals set forth above are true and correct and form a material part of this Agreement . C:Oocuments and SettingslapolackwichLLocal SettingslTemporary Internet FilesIConteO(. Ontlookl5ERVKF3FIFair Association Agreementdoc Page 4 of 5