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20. In the event that the Premises or any part thereof, or ad ac err. ,)remise:; r,guired for access thereto,
<br />should be so damaged or destroyed by fire or other cc.t se : With-3 it t-ic ta.0 h of Applicant, as to prevent
<br />the use of the Premises for the Event, then this Limi sc; A;;reernent sli all [:.-r wnate. In such event,
<br />the County shall be paid for all items of expense inc arred by it un,le r :h Is f icerise Agreement and
<br />any rental accrued prior to such destruction or damages, but /�pplic,,nt ; hal be re lieved of paying
<br />rent accruing thereafter. For purposes of this: pE ra„ app, causes or ;, its nor. within Applicant's
<br />control shall include, without limitation, acts of God. loud;, eartl1+ a W.S. ht;►rizanes, fires and other
<br />natural disasters, acts of public enemies, riot or civi I d st arbances sabc toge, strikes and restraints
<br />imposed by order of a governmental agency or axu•t :'aures or eN eras vitbiri Applicant's control,
<br />and thus not falling within this Section 12, shall ircli.i e, without limittion, Applicant's financial
<br />inability to perform or comply with the terms and condi ions her-co.', c-co Comic hardship, a featured
<br />act's failure or refusal to perform or appear, and misfi as.uu,e, mal':'e isa w, ar nonfeasance by any of
<br />Applicant's directors, officers, employees, cooltr•actor. , or ageFros.
<br />21. Applicant acknowledges receipt of and agrees fc- r,)niply �vit'r Fair!rOUnd'S Rules and
<br />Regulations which are attached hereto as Exhibic C uic' ir:corhr_trated by reference,.
<br />22. Applicant assumes all risks of damages to and loss [-i ,:h -ft or other r, (,I -the furniture, appliances
<br />or other property of Applicant or Applicant's lniiployees, liccruees, contractors,
<br />assignees, performers, exhibitors, contestants an -1 th rs, otherwis, with Applicant, and
<br />Applicant hereby expressly releases and discharges +--oitn-:y from arry ar d a I ';ability for any such
<br />loss and agrees to defend, indemnify and hold County harmless -r•,u-,. ill ;Iiia;.,; and actions for
<br />damages as to such losses, including attorney's fee
<br />23. County and Applicant retain all television, film, reccrJing ar.d lice is ing ri&lit.,, as To any Event that
<br />takes place in or on the Premises, provided such is iNitl in tlr; 4, -tilt Contract. County
<br />will coordinate such recordings with Applicant's rt u -:':,-ting ►epre;enta:ive In the event of artist
<br />recording restrictions, Applicant shall requz-st t:h.- riffi to allo�v tl-ic C'Ixnty to take generic
<br />production and still photographs of the Event.
<br />24. Unless excused by impracticability or impossirili,, of Performa>ice o - :rther lawful contractual
<br />defense, any attraction, act, or person contracted to !ppea • during; ih, E, ent as an entertainer shall
<br />appear at the published time or within one hour the: -caller Appl c rr r. s'~ I iot advertise or permit
<br />any advertising that a particular performer will app-.�a fcr thy, Ev,;nt i+►.tiI .if Fur a contract for the
<br />performer's appearance has been executed end a ccpy thereof ha; -ccir pro-ided to the County;
<br />otherwise, the County may terminate this License jVyr.enrer►t and c;i-cel the. Event.
<br />25. No exception or waiver of any provision of this L i�.-erse Agreement Call b: effective unless in
<br />writing signed by the Assistant County Admi7istrarc r. 1\ o such wain ;:r sh,11 �e held to waive the
<br />same provision on a subsequent occasion or b.- ccn;:rLed to ccn;[ittte ;t riaiver of any other
<br />provision of this License Agreement. This [kers.- Agreeri.er t c: r,.t< ins fie entire agreement
<br />between the parties, unless modified or amended by a :;uhsequent IAT tt ;r- agoeenrent executed by
<br />the parties. This License Agreement shall be gove.•n,d )y tne laws cr'the ,hate; of Florida, and
<br />venue for the resolution of disputes hereunder sha'I b, it a court o' air it Indian River County,
<br />Florida.
<br />Fairgrounds License Agreement ]'age 10 of 12
<br />Initials MS
<br />Date 04/'i V.-)0:2
<br />
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