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misfeasance. malfeasance or nonfeasance by any of Applicant's directors, officers. employees, contractors, or agents. 23. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit B and incorporated by reference. 24. Applicant assumes all risks of damages to and loss by theft or otherwise of, the furnitUre. appliances or other property of Applicant or Applicant's employees, invitees, licensees. contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant. and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold Count' - harmless from all claims and actions for damages as to such losses, including attorney's fees. 25. County and Applicant retain all television.. film, recording and licensing rights as to any Event that takes place in or on the Premises. 26. Unless excused by impracticability or impossibility of pertormance or other laNyTul contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County: otherwise. the County may terminate this License Agreement and cancel the Event. 27. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver- shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of anv other provision of' this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent w7itten agreement executed by the parties. This License Agreement shall be governed by the lays of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of laky° in Indian River County. Florida. M. At least 30 days prior to the Event Date. Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 29. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 30. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 31. Any notice, request, instruction.dei liand. consent or other communication required or permitted to be given under this License A—oreement shall be in writing and shall be given in writing and delivered by email or US Mail. Certified — Return Receipt Requested, to the following: Indian River County Fairhroue v iceuse Agreemew Page Il of 12 l�ritials 3/"16 236