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conditions, including the timely submittal of all documents set forth in Section B, of this
<br />License Agreement, the County may terminate this License Agreement and decline to issue any
<br />and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any
<br />other charges hereunder, whether accruing before or after such termination, shall be considered
<br />part of and inclusive of the County's damages resulting from Applicant's default. Applicant's
<br />default hereunder shall be considered a default of any and all agreements by and between
<br />Applicant and the County, and any amounts due Applicant under its other agreements with the
<br />County may he used by the County to remedy Applicant's defaults hereunder. Any remedy
<br />granted in this License Agreement to County shall he in addition to all other remedies available
<br />to County in law or equity, and not exclusive of such remedies.
<br />16. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the
<br />Event, the County must receive written notice. Applicants may be entitled to a refund according
<br />to the following schedule:
<br />(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 BA.(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 />17. 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 />18. In the event that the Premises or any part thereof, or adjacent premises required for access
<br />thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant,
<br />as to prevent the use of the Premises for the Event, then this License Agreement shall terminate.
<br />In such event, the County shall be paid for all items of expense incurred by it under this License
<br />Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be
<br />relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not
<br />within Applicant's control shall include, without limitation, acts of God, floods, earthquakes,
<br />hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances,
<br />sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or
<br />events within Applicant's control, and thus not falling within this Section 12, shall include,
<br />without limitation, Applicant's financial inability to perform or comply with the terms and
<br />conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and
<br />misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees,
<br />contractors, or agents.
<br />19. 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 />20. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture,
<br />appliances or other property of Applicant or Applicant's employees, invitees, licensees,
<br />contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with
<br />Applicant, and Applicant hereby expressly releases and discharges County from any 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 />21. 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. h1 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 />22. 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
<br />shall appear at the published time or within one hour thereafter. Applicant shall not advertise or
<br />permit any advertising that a particular performer will appear for the Event until after a contract
<br />for the performer's appearance has been executed and a copy thereof has been provided to the
<br />l+ % County; 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
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