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loss and agrees to defend, indemnify and hold County harmless from all claims and actions for <br />damages as to such losses, including attorney's fees. <br />22. County and Applicant retain all television, film, recording and licensing rights as to any Event that <br />takes place in or on the Premises, provided such is permitted within the Artist Contract. County <br />will coordinate such recordings with Applicant's marketing representative. In the event of artist <br />recording restrictions, Applicant shall request the right to allow the County to take generic <br />production and still photographs of the Event. <br />23. Unless excused by impracticability or impossibility of performance or other lawful contractual <br />defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall <br />appear at the published time or within one hour thereafter. Applicant shall not advertise or permit <br />any advertising that a particular performer will appear for the Event until after a contract for the <br />performer's appearance has been executed and a copy thereof has been provided to the County; <br />otherwise, the County may terminate this License Agreement and cancel the Event. <br />24. 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 the <br />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 />25. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special <br />Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau <br />pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC <br />Ordinance Section 208.11. <br />26. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses <br />for the services provided at the Event. <br />27. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. <br />28. Any notice, request, instruction, demand, consent or other communication required or permitted <br />to be given under this License Agreement shall be in writing and shall be given in writing and <br />delivered by email or US Mail, Certified — Return Receipt Requested, to the following: <br />Indian River County <br />Parks Division <br />5500 77th Street <br />Vero Beach, FL 32967 <br />Email: sknauer@ircgov.com <br />Applicant: <br />Fairgr i 'r / ' 1 ' , nse Agreement Page 10 of 11 <br />Initial ( / January 31, <br />2019 <br />Date <br />