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-20:. In the event that the Premises or any :part thereof, or adjacent premises, required for 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,ofthe Premises for the Event, then this License Agreement shallterminate. ,In such event,
<br />the: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 shall be relieved of paying
<br />rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's
<br />control, sha11 include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other
<br />natural. disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints.
<br />imposed by order of a govemmental agency or court. Causes or events within Applicant's control,
<br />-and thus,not falling within this Section 12, shall'. include, without limitation, Applicants financial
<br />inabilityto perfonn or -comply with the terms and conditions hereof, economic hardship, a:featured
<br />act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of
<br />Applicant's directors, officers, employees, contractors, or agents.
<br />21:.Applicant acknowledges receipt of and agrees to comply with, the Fairground's Rules and.
<br />Regulations which are attached heretaas Exhibit C.and incorporated by reference.
<br />22...Applicant assumes all risks ofdamages_to and loss by -theft or otherwise of the -furniture, appliances
<br />or, other ,property of Applicant or Applicant's employees, invitees, licensees, 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 Ahy such
<br />loss. and agrees to defend, indemnify and hold -County harmless from all claims and actions.fdr
<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 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 />29: Unless excused :by impracticability or- impossibility of performance or other lawful contractual
<br />:defense, any attraction, act, or person contracxed.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 />23. 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 thesame, 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 govemed by the laws of the State, of Florida, and
<br />venue for the resolution of disputes_. hereunder shall ber in a court of law in Indian River County,
<br />Floiida.
<br />Faugroaa icaue Agreenwd
<br />/�utldln'
<br />Dote
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