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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 />17. 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 fourteen (14) days from the tournament of the will receive a refund
<br />equal to 100% of the payment collected under Exhibit B.
<br />(b) Cancellation prior to Five (5) business days from the date of each tournament of the
<br />License Agreement Duration will warrant a cancellation fee of $250, the remainder of the
<br />balance paid for the tournament will be refunded.
<br />(c) Cancellation due to inclement weather or acts of god will infer no cancellation fee and the
<br />paid amount will be refunded or applied to another tournament as requested by the
<br />Applicant.
<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 Events, 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 />(a) In the event any part of the Courts are 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 Parks' Rules and Regulations
<br />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 />Indian River County Parks, Recreation & Conservation License Agreement
<br />Page 8 of 10
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