|
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 /> 19. WAIVER
<br /> 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 by
<br /> the parties. This License Agreement shall be governed by the laws of the State of Florida, and
<br /> venue for the resolution of disputes hereunder shall be in a court of law in Indian River County,
<br /> Florida.
<br /> 20. SUBCONSTRACTORS
<br /> All of the Applicant's subcontractors shall have all of the necessary local, state and federal
<br /> licenses for the services provided at the Event.
<br /> 21. MISCELLANEOUS
<br /> Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not
<br /> limited to properly covering any and all power cords; (ii) comply with all federal, state and local
<br /> laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes
<br /> provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful
<br /> purpose or in any manner that may result in or cause harm and/or damage to persons or property;
<br /> (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show-bills,
<br /> lithographs, posters or cards of any description inside or in front of, or on any part of the
<br /> Premises, except with the prior written consent of County, which consent shall not be
<br /> unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as
<br /> good a condition and repair, including all necessary trash or waste removal, as the same shall be
<br /> found at the beginning of the License Duration. Additionally, Applicant:
<br /> (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials,
<br /> equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of
<br /> the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's
<br /> expense from all suits, actions, proceedings, damages, costs and expenses in law or equity,
<br /> including attorney's fees, for or on account of any patented, trademarked or copyrighted
<br /> materials, equipment, devices, processes or dramatic rights furnished or used by Applicant
<br /> or its employees, invitees, licensees, contractors, assignees, performers, contestants and
<br /> exhibitors, in connection herewith.
<br /> (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any
<br /> obstruction to ingress and egress to and from the Premises without the express written
<br /> consent by the County.
<br /> (c) acknowledges that the County reserves the right to eject any persons reasonably deemed
<br /> violent or otherwise dangerous to health, safety and welfare.
<br /> Fairgro s License Agreement Page 9 of 10
<br /> Initials December 26,2017
<br />
|