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18. 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 /> 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 B 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 /> Fairgro n License Agreement—for February 21-25,2018 Page 10 of 12
<br /> Initials September 21,2017
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