cost associated by the County's inspection shall be at the sole cost of the County. The
<br /> County shall make inspector(s) available at a mutually agreeable time. Failure to timely
<br /> inspect the Stage by the County shall not preclude Applicant from proceeding with the
<br /> Event.
<br /> 9. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be
<br /> voidable by the County at any time during the License Duration. Undisclosed and unpermitted
<br /> activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages,
<br /> penalties and other legal and equitable remedies including, but not limited to full payment under
<br /> this License Agreement.
<br /> 10. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises
<br /> without the express prior written consent of the Assistant County Administrator or his/her
<br /> designee.
<br /> 11. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned
<br /> by Applicant at the end of the License Duration,the County is hereby authorized to remove from
<br /> the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods,
<br /> wares, merchandise and property of any and all kinds and descriptions placed or permitted
<br /> therein by Applicant and which may be then occupying the same, and County shall not be liable
<br /> for any damage or loss to such goods, wares, merchandise or other property which may be
<br /> sustained either by reason of such removal or of the place to which it may be removed.
<br /> Applicant hereby expressly releases County from any and all such claims for damages of
<br /> whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at
<br /> Applicant's expense as to any claims for damages by third parties having interests in such goods,
<br /> wares,merchandise and property, including costs and attorney's fees.
<br /> 12. 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 /> Fairgrounds License Agreement Page 5 of 12
<br /> Initials" November 15,2018
<br />
|