|
(a) Cancellation prior to 180 days from the first date of License Duration will receive a refund
<br />equal to 85% of the Event Deposit collected under Section B.4.(a).
<br />(b) Cancellation between 90-180 days of the first date of License Duration will receive a
<br />refund equal to 50% of the Event Deposit collected under Section B.4.(a).
<br />(c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event
<br />Deposit collected under Section B.4.(a).
<br />19. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250
<br />administrative fee for each modification or addendum to the License Agreement.
<br />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 of the Premises for the Event, then this License Agreement shall terminate. 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 shall 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 governmental agency or court. Causes or events within Applicant's control,
<br />and thus not falling within this Section 12, shall include, without limitation, Applicant's financial
<br />inability to perform 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 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, 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 any such
<br />loss and agrees to defend, indemnify and hold County harmless from all claims and actions for
<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 />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 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 />Fairgrounds License Agreement Page 10 of 12
<br />Initials AD-)
<br />
|