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2017-128B
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2017-128B
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• <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 /> 19. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the <br /> Event, the County must receive written notice. Applicants may be entitled to a refund according <br /> to the following schedule: <br /> (a) Cancellation prior to 180 days from the first date of License Duration will receive a refund <br /> 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 /> 20. 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 /> 21. 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 such <br /> 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, 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 /> 22. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and <br /> Regulations which are attached hereto as Exhibit C and incorporated by reference. <br /> 23. 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 /> 24. 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 Contract. <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 /> Fairgrounds License Agreement Page 10 of 12 <br /> Initials July 10, 2017 <br />
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