11. Applicant shall not assign this License Agreement or any rights hereunder or sublet the
<br /> Premises without the express prior written consent of the Assistant County Administrator or
<br /> his/her designee.
<br /> 12. In the event that the Premises or any other portion of the Fairgrounds are not vacated and
<br /> cleaned by Applicant at the end of the License Duration, the County is hereby authorized to
<br /> remove from the Premises or any other portion of the Fairgrounds, at the expense of Applicant,
<br /> all goods, wares, merchandise and property of any and all kinds and descriptions placed or
<br /> permitted therein by Applicant and which may be then occupying the same, and County shall
<br /> not be liable for any damage or loss to such goods, wares, merchandise or other property which
<br /> may be sustained either by reason of such removal or of the place to which it may be removed.
<br /> Applicant hereby expressly releases County from any and all such claims for damages of
<br /> whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at
<br /> Applicant's expense as to any claims for damages by third parties having interests in such
<br /> goods, wares, merchandise and property, including costs and attorney's fees.
<br /> 13. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not
<br /> limited to properly covering any and all power cords; (ii) comply with all federal, state and local
<br /> laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes
<br /> provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful
<br /> purpose or in any manner that may result in or cause harm and/or damage to persons or
<br /> property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show
<br /> bills, lithographs, posters or cards of any description inside or in front of, or on any part of the
<br /> Premises, except with the prior written consent of County, which consent shall not be
<br /> unreasonably withheld, conditioned, or delayed;; and (vi) deliver to the County the Premises in
<br /> as good a condition and repair, including all necessary trash or waste removal, as the same shall
<br /> be found at the beginning of the License Duration. Additionally, Applicant:
<br /> (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials,
<br /> equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of
<br /> the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's
<br /> expense from all suits, actions, proceedings, damages, costs and expenses in law or equity,
<br /> including attorney's fees, for or on account of any patented, trademarked or copyrighted
<br /> materials, equipment, devices, processes or dramatic rights furnished or used by Applicant
<br /> or its employees, invitees, licensees, contractors, assignees, performers, contestants and
<br /> exhibitors, in connection herewith.
<br /> (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any
<br /> obstruction to ingress and egress to and from the Premises without the express written
<br /> consent by the County.
<br /> (c) acknowledges that the County shall have the right to collect and have the custody of
<br /> articles left at the Premises by persons attending any Event given or held on the Premises,
<br /> and Applicant or any person in Applicant's employ shall turn over such articles left on the
<br /> Premises to the County.
<br /> Fairgro ds icense Agreement Page 6 of 13
<br /> Initialsl June 6,2016
<br />
|