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permits necessary for the Event. In such case,the rent,taxes,fees,deposits and any other charges
<br /> hereunder, whether accruing before or after such termination, shall be considered part of and
<br /> inclusive of the County's damages resulting from Applicant's default. Applicant's default
<br /> hereunder shall be considered a default of any and all agreements by and between Applicant and
<br /> the County, and any amounts due Applicant under its other agreements with the County may be
<br /> used by the County to remedy Applicant's defaults hereunder.Any remedy granted in this License
<br /> Agreement to County shall be in addition to all other remedies available to County in law or
<br /> 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. (s).
<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 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 /> 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,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 /> Fairgrounds License Agreement Page 9 of 11
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