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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, should
<br />be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of
<br />the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall
<br />be paid for all items of expense incurred by it under this License Agreement and any reservation charges
<br />accrued prior to such destruction or damages, but the Applicant shall be relieved of paying rent accruing
<br />thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include,
<br />without limitation, acts of God, floods, earthquakes, hurricanes, fires, and other natural disasters, acts of
<br />public enemies, riots or civil disturbances, sabotage, strikes, and restraints imposed by order of a
<br />governmental agency or court. Causes or events within Applicant's control, and thus not falling within
<br />this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with
<br />the terms and conditions hereof, economic hardship, a featured act's failure, or refusal to perform or
<br />appear, and misfeasance, malfeasance, or nonfeasance by any of Applicant's directors, officers, employees,
<br />contractors, or agents.
<br />(a) In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire,
<br />water, or any other cause, or if any other casualty or unforeseen occurrence shall render the
<br />fulfillment of the Agreement by the County impossible for the event, the County shall refund
<br />all fees to the applicant.
<br />19. Applicant acknowledges receipt of and agrees to comply with the iG's Rules and Regulations which are
<br />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, appliances or
<br />other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees,
<br />performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant
<br />hereby expressly releases and discharges County from any and all liability for any such loss and agrees
<br />to defend, indemnify and hold County harmless from all claims and actions for damages as to such
<br />losses, including attorney's fees.
<br />21. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes
<br />place in or on the Premises, provided such is permitted within the Artist Contract. County will
<br />coordinate such recordings with Applicant's marketing representative. In the event of artist recording
<br />restrictions, Applicant shall request the right to allow the County to take generic production and still
<br />photographs of the Event.
<br />22. Unless excused by impracticability or impossibility of performance or other lawful contractual defense,
<br />any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the
<br />published time or within one hour thereafter. Applicant shall not advertise or permit any advertising
<br />that a particular performer will appear for the Event until after a contract for the performer's appearance
<br />has been executed and a copy thereof has been provided to the County; otherwise, the County may
<br />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 writing
<br />signed by the Assistant County Administrator. No such waiver shall be held to waive the same
<br />provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this
<br />License Agreement. This License Agreement contains the entire agreement between the parties, unless
<br />iG Lic ment Page 12 of 18
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