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replacement of damages to the Fairgrounds that directly or indirectly result from the Event, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Damage Deposit, to the extent unused, shall be returned to Applicant. (c) Applicant shall pay 15% of the gross sales of alcoholic beverages, including beer, wine and liquor as determined by 1. or 2. or a combination of 1. and 2. as described below: 1. County shall provide sequentially numbered tickets to Applicant which shall serve as the exclusive currency for the sale of all alcoholic beverages, including beer, wine and liquor at the Event. The total amount owed to the County shall be determined based upon the sequentially numbered tickets not returned to the County during the License Duration. 2. The total amount owed to the County shall be determined based upon the Applicant's use of an electronic method of retail checkout at every point of sale, which tracks the total sales of alcoholic beverages, including beer, wine and liquor. The County shall have the right to inspect the electronic method of retail checkout at any point during the License Duration. County reserves the right to inspect the alcohol vendor's distribution points, point of sale receipts, tickets collected and inventory at any time during the License Duration. The Applicant shall make the payment within three (3) business days of the conclusion of the Event as described in B.Lb. (d) Applicant shall pay 15% of all fees charged to concessionaires, including but not limited to food and merchant vendors. This fee shall be paid to the County within three (3) business days of the conclusion of the Event as described in B.Lb. 5. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and 3 days prior to the Event. The County reserves the right to cap ticket sales depending on the capacity of the Premises and the Fairgrounds or because of law enforcement, sanitation, traffic control or due to other public safety issues. 6. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non- county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 7. This License Agreement is not a permit. As set forth in sections 205.04 (Permits), 205.08 (Festivals) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit, festival permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, Fairgrounds License Agreement Page 4 of 12 Initials W 0 317116