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within Applicant's control shall include, without limitation, acts of God, floods, earthquakes,
<br />hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances,
<br />sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or
<br />events within Applicant's control, and thus not falling within this Section 12, shall include,
<br />without limitation, Applicant's financial inability to perform or comply with the terms and
<br />conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and
<br />misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees,
<br />contractors, 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 otherwise of the furniture,
<br />appliances or other property of Applicant or Applicant's employees, invitees, licensees,
<br />contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with
<br />Applicant, and Applicant hereby expressly releases and discharges County from any and all
<br />liability for any such loss and agrees to defend, indemnify and hold County harmless from all
<br />claims and actions for 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
<br />that takes place in or on the Premises, provided such is permitted within the Artist Contract.
<br />County will coordinate such recordings with Applicant's marketing representative. In the event
<br />of artist recording restrictions, Applicant shall request the right to allow the County to take
<br />generic production and still photographs of the Event.
<br />24. 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
<br />shall appear at the published time or within one hour thereafter. Applicant shall not advertise or
<br />permit any advertising that a particular performer will appear for the Event until after a contract
<br />for the performer's appearance has been executed and a copy thereof has been provided to the
<br />County; otherwise, the County may terminate this License Agreement and cancel the Event.
<br />25. 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
<br />the 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 />26. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a
<br />"Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention
<br />Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and
<br />IRC Ordinance Section 208.11.
<br />27. All of the Applicant's subcontractors shall have all of the necessary local, state and federal
<br />licenses for the services provided at the Event.
<br />28. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day.
<br />29. 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 />Scott Knauer, Foreman
<br />Indian River County
<br />Parks Division
<br />550077 th Street
<br />Vero Beach, FL 32967
<br />Email: sknauer@ircgov.com 5
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