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2019-105
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18. In the event that the Applicant cancels all or any time or portion of the Prcmiscs reserved for the <br />Event, thc 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 r cfttnd <br />equal to 85% of Mite 1:vent IDeposit collected under Section 13A.(a). <br />(b) Cancellation between 90-180 days of the first date of License Duration will receive a <br />refund equal to 50% olthe Event I)eposi: collected udder Section B.4_(a). <br />(c) Cancellation less than 90 days of the first date; of License Duration will forfeit the Event <br />iDeposit collected under Section I3.4_(a)_ <br />19_ In addition to any other chargers set forth in the Fee Schedule, the Applicant shall pay a S250 <br />administrative fee for each modification or addendum to the License Agreement_ <br />20. In the event that the Pceu rieee Or arty part thereof, or adjacent premises required fbr access thereto, <br />should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent <br />the use of the Premises for the E.:vent, then this License Agreement shall terminate. In such event. <br />thc County shall be paid for all items of expense incurred by it under this license Agreement and <br />any rental accrued prior to such destruction or damages, but Applicant 'hell be relieved of paying <br />rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's <br />c ntrol shrill include. without limitation, acts of God, floods, earthquakes, hunitemes. Grey nand other <br />natural disasters, acts of public enemies, riots or civil disturbances, sabotage. strikes and restraints <br />imposed by order of a governmental agency or court. Causes or events within Applicant's control, <br />and thus not idling within this Section 12, shall include, without limitation, Applicant's financial <br />inability to perfortn oar comply with the terms and conditions h eeof economic. hardship, a katered <br />act's failure or refusal to perforant or appear, and misfieasance, malfeasance or nonfeasance by any of <br />Applicant's directors. officers, s, employees. eoniract0rs, 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 />22. Applicant assumes all risks of damages to and loss by theft or othcrwi se of the furniture, appliances <br />or other property of Applicant or Applicant's employees, invitees, li:ccnsces, contractors, <br />assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant; and <br />Applicant hereby expressly releases and discharges County from any and all liability for any such <br />loee and agree to defend, indemnify and hold County harmless from all claims and actions for <br />damages as to such losses. including attorney's fees. <br />23. County and Applicant retain all television, film, recording and licensing rights as to any Event that <br />takes piles in or on the Premises. provided soh is permitted within the Artist Contract. County <br />will coordinate such recordings with Applicant's =electing represmiativc. In the event of artist <br />recordirag restrietione, Applicant shall request the right to allow the County to take generic <br />production and still photographs of the Event <br />24. Unless cxeused by impeacticability or impossibility of performance or other lawful contractual <br />defense, any attraction;, act, or person contractcxl 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 />Fairgrou "s cerise . igrerrm eni' <br />initials <br />Page 10of12 <br />Date_ July 16, 2019 <br />
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