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Applicant and the County, and any amounts due Applicant under its other agreements with the
<br />County may be used by the County to remedy Applicant's defaults hereunder. Any remedy
<br />granted in this License Agreement to County shall be 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.2. (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 />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 thereto,
<br />should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to
<br />prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such
<br />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, without
<br />limitation, Applicant's financial inability to perform or comply with the terms and conditions
<br />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 fi•om 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. In the event
<br />Fairgron��j��;;License Agreement Page 9 of 11
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