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2018-068
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2018-068
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17. 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 />18. 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 />19. 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 />20. 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 />21. 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 />Fairgro.un+� lyse Agreement Page 10 of 12 <br />it, Wo October 20, 2017 <br />
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