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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 shall have the sole right to collect and have the custody of
<br />articles left at the Premises by persons attending any Event given or held on the Premises,
<br />and Applicant or any person in Applicant's employ shall not collect or interfere with the
<br />collection or custody of such articles.
<br />(d) acknowledges that the County reserves the right to eject any persons reasonably deemed
<br />violent or otherwise dangerous to health, safety and welfare.
<br />(e) acknowledges that the County may immediately terminate the Event if the National
<br />Weather Service issues a severe weather warning, or imminent severe weather conditions
<br />develop in the area indicating a risk to public safety, or a state of emergency has been
<br />declared. Applicant hereby waives any rights and all claims for damages against the
<br />County that may result from the exercise of the rights reserved herein.
<br />(f) represents and warrants to the County that Applicant's employees, invitees, licensees,
<br />contractors, assignees, contestants, exhibitors and performers by their speech, song, music,
<br />conduct or manner will not violate or incite others to violate any statute, law, ordinance,
<br />rule, regulation or order of any federal, state, municipal or other governmental authority.
<br />13. The County and its officers, agents and employees engaged in the operation and maintenance of
<br />the Premises reserve the right to enter upon and to have free access to the Premises at any and all
<br />times, which reservation is hereby acknowledged and agreed to by Applicant.
<br />14. Applicant releases and forfeits any right of action against the County or its members, officials,
<br />employees and agents from any liabilities, claims for damages, losses, and costs which arise out
<br />of or in connection with the Event and to the fullest extent permitted by law, indemnifies,
<br />defends and saves the County and County's members, officials, officers, employees and agents
<br />harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to
<br />any person, including death, and damage to any property for every cause in any way connected
<br />with the Event irrespective of negligence, actual or claimed, upon the part of the County, its
<br />agents and employees, except where caused by the willful and wanton acts of County officials,
<br />officers, employees and agents, and (2) from all expenses incurred by the County for police
<br />protection, fire protection and emergency medical services, restoration and clean up, sanitation
<br />and maintenance costs and expenses that are required to preserve public order and protect public
<br />health, welfare and safety on the Premises of the Event.
<br />15. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's
<br />liability submit certificates of insurance naming "Indian River County, FL" as additional insured
<br />and shall:
<br />Fairgro s s Agreement
<br />Initi i
<br />Page 6 of 12
<br />April 7, 2017
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