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contractors, assignees, performers, exhibitors, contestants and those otherwisecontracting with
<br />Applicant, and Applicant hereby expressly releases and discharges County.,from; tpy., 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 />:.;.-..
<br />defense, ;any, attraction, act, ,or; persoripcontracted 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;
<br />any advertising. that, a partYcular,performer will,appear for the;Event until after. a, contract
<br />for the performer's appearance has been executed and a copy thereof has beers 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 ofahis; License Agreement shall_ be effective unless in
<br />`writing signed by the Assistant County Admimstrator No -such waiver shall beheld 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.''Tlus License Agreement shall.be governed by the`laws of the State'ofFlorida, and
<br />venue for the resolution of disputes,hereunder shall,,be,in-,a.court of law in Indian River,,
<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 />�i
<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,�instiiuction,`demand, consent or other cohi nunication4equired 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, Fairgrounds Manager
<br />Indian River County
<br />Fairgro License Agreement , ,Page ll,of 12
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