|
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, wares,
<br />merchandise and property of any and all kinds and descriptions placed or permitted therein by
<br />Applicant and which may be then occupying the same, and County shall not be liable for any
<br />damage or loss to such goods, wares, merchandise or other property which may be sustained either
<br />by reason of such removal or of the place to which it may be removed. Applicant hereby expressly
<br />releases County from any and all such claims for damages of whatsoever kind or nature and agrees
<br />to defend, indemnify and hold County harmless at Applicant's expense as to any claims for
<br />damages by third parties having interests in such goods, wares, merchandise and property,
<br />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 Premises,
<br />except with the prior written consent of County, which consent shall not be unreasonably withheld,
<br />conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and
<br />repair, including all necessary trash or waste removal, as the same shall be found at the beginning
<br />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 />(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 />Fairgr?uAs License Agreement Page S of 12
<br />Initial
<br />
|