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2017-138
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2017-138
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(1) Applicant is required to immediately notify the County of any incident, accident, occurrences <br /> and/or claims made in connection with the Event. <br /> 18. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section <br /> 205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less <br /> than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant <br /> shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and <br /> insurance certificate in accordance with Section B. 17 to the County. <br /> 19. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or <br /> conditions, including the timely submittal of all documents set forth in Section B, of this <br /> License Agreement, the County may terminate this License Agreement and decline to issue any <br /> and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any <br /> other charges hereunder, whether accruing before or after such termination, shall be considered <br /> part of and inclusive of the County's damages resulting from Applicant's default. Applicant's <br /> default hereunder shall be considered a default of any and all agreements by and between <br /> Applicant and the County, and any amounts due Applicant under its other agreements with the <br /> County may be used by the County to remedy Applicant's defaults hereunder. Any remedy <br /> granted in this License Agreement to County shall be in addition to all other remedies available <br /> to County in law or equity, and not exclusive of such remedies. <br /> 20. In the event that the Applicant cancels all or any time or portion of the Premises reserved for <br /> the Event, the County must receive written notice. Applicants may be entitled to a refund <br /> according to the following schedule: <br /> (a) Cancellation prior to 180 days from the first date of License Duration will receive a <br /> refund equal to 85% of the Event Deposit collected under Section B.4.(a). <br /> (b) Cancellation between 90-180 days of the first date of License Duration will receive a <br /> refund equal to 50% of the Event Deposit collected under Section B.4.(a). <br /> (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event <br /> Deposit collected under Section B.4.(a). <br /> 21. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 <br /> administrative fee for each modification or addendum to the License Agreement. <br /> 22. In the event that the Premises or any part thereof, or adjacent premises required for access <br /> thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, <br /> as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. <br /> In 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 12, shall include, <br /> without limitation, Applicant's financial inability to perform or comply with the terms and <br /> conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and <br /> Fairgroun icense Agreement Page 10 of 12 <br /> Initials September 25,2017 <br />
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