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INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT
<br />below, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this
<br />License Agreement shall terminate. In such event, the County shall be paid for any rental accrued
<br />prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing
<br />thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall
<br />include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural
<br />disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints
<br />imposed by order of a governmental agency or court. Causes or events within Applicant's control,
<br />and thus not falling within this Section, shall include, without limitation, Applicant's financial
<br />inability to perform or comply with the terms and conditions hereof, economic hardship, a
<br />featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or
<br />nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents.
<br />20. 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 />21. 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 />22. Applicant shall request the right to allow the County to take generic production and still
<br />photographs of the Event.
<br />23. 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 />24. 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 />25. By October 9, 2017, Applicant shall submit proof of application for a "Special Events & Tent
<br />Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to
<br />Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance
<br />Section 208.11.
<br />Fairgrounds License Agreement Page 11 of 14
<br />Initials
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