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sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. 21. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit B and incorporated by reference. 22. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. 23. Applicant shall retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises. Applicant shall grant permission for County to take still photographs and video up to 30 seconds and no continuous recording. Video and photo usage must be approved by Applicant prior to any public usage by County. 24. The County acknowledges that tickets for this event are sold to the public as is, all sales are final and there are no assurances/guarantees of artists who will be performing. Event may be cancelled due to weather with no refunds to ticket holders. County is not responsible for managing, processing, or facilitating any ticket, sale, refund, or dispute between the Applicant and ticket holders or vendors. 25. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 26. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 27. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. Fairgrounds License Agreement Page 123'13 Initials October 25, 2018