2021-FG01 - Laserfiche WebLink

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20., Applicant assumes all risks of damages to and, loss by theft or otherwise,of the fiirnitureapplianc6s 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 fro I in any and all liability for any, such loss and, agrees to defend, indemnify y and hold County harmless. from all claims and actions for damages as to such losses, including attorney's fees. 21. County and Applicant retainall television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will 'coordinate such recordings with App&ant''s marketing representative. In the event of artist recording restrictions, Applicant - shall request the right to allow the County to take generic production and still photographs of the Event. 22. Unless: excused by impracticability or impossibility of perfor mance or other lawful contractual defense,, any attraction, act or person contracted to appear during the Event as an entertainer shall appdar,atithe published time orwithin.onehour thereafter. Applicant shall not advertise or permit.. any advertising that a particular performer will appear for the'Event until after a contract for the performer's appearance has been, executed and a copy thereof has been provided to the County; otherwise, the -County may terminate thisLicense Agreement and cancel the Event-. 23. 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 siibs equent 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 IndianRiver County, Florida. (:24. least. IQ, days prior to the Event Date, Applicant shall submit proof of application for a "Special ot Events & TOW Sales Inspection Permit' from the Indian River County Fire Prevention Bureau ,pursuant to Florida Fire. Prevention Code: NFPIA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 25. All of the Applicant's subcontractors shall have all of the necessary local state and federal licenses for the services provided at the Event 26.1 All deadlines, falling on a weekend or holiday shall be accelerated ,to the .prior business day. 27... Any notice, request, instruction, demand consent or other communication required or permitted to. be -given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified —Return Receipt Requested, to the following: Page 10 of 11 Initials