|
20. In the event that the Premises or any part thereof, or adjacent premises required for access thereto,
<br /> should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to
<br /> prevent the use of the Premises for the Event, then this License Agreement shall terminate. In
<br /> such event, the County shall be paid for all items of expense incurred by it under this License
<br /> Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be
<br /> relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not
<br /> within Applicant's control shall include, without limitation, acts of God, floods, earthquakes,
<br /> hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances,
<br /> sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or
<br /> events within Applicant's control, and thus not falling within this Section, shall include, without
<br /> limitation, Applicant's financial inability to perform or comply with the terms and conditions
<br /> hereof, economic hardship, a featured act's failure or refusal to perform or appear, and
<br /> misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees,
<br /> contractors, or agents.
<br /> 21. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and
<br /> Regulations which are attached hereto as Exhibit B and incorporated by reference.
<br /> 22. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture,
<br /> appliances or other property of Applicant or Applicant's employees, invitees, licensees,
<br /> contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with
<br /> Applicant, and Applicant hereby expressly releases and discharges County from any and all
<br /> liability for any such loss and agrees to defend, indemnify and hold County harmless from all
<br /> claims and actions for damages as to such losses, including attorney's fees.
<br /> 23. County and Applicant retain all television, film, recording and licensing rights as to any Event
<br /> that takes place in or on the Premises, provided such is permitted within the Artist Contracts.
<br /> County will coordinate such recordings with Applicant's marketing representative. In the event
<br /> of artist recording restrictions, Applicant shall request the right to allow the County to take
<br /> generic production and still photographs of the Event.
<br /> 24. Unless excused by impracticability or impossibility of performance or other lawful contractual
<br /> defense, any attraction, act, or person contracted to appear during the Event as an entertainer
<br /> shall appear at the published time or within one hour thereafter. Applicant shall not advertise or
<br /> permit any advertising that a particular performer will appear for the Event until after an
<br /> agreement for the performer's appearance has been executed. Applicant shall provide County
<br /> documentation evidencing that it has a contract with the Artist; otherwise, the County may
<br /> terminate this License Agreement and cancel the Event.
<br /> 25. No exception or waiver of any provision of this License Agreement shall be effective unless in
<br /> writing signed by the Assistant County Administrator. No such waiver shall be held to waive
<br /> the same provision on a subsequent occasion or be construed to constitute a waiver of any other
<br /> provision of this License Agreement. This License Agreement contains the entire agreement
<br /> between the parties, unless modified or amended by a subsequent written agreement executed
<br /> by the parties. This License Agreement shall be governed by the laws of the State of Florida,
<br /> and venue for the resolution of disputes hereunder shall be in a court of law in Indian River
<br /> County, Florida.
<br /> Fairgroun ense Agreement Page II of 13
<br /> Initials June 6,2016
<br />
|