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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 />21. 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 />22. 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 />23. 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 />24. 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 />25. 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 />modified or amended by a subsequent written agreement executed by the parties. This License
<br />Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes
<br />hereunder shall be in a court of law in Indian River County, Florida.
<br />26. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special
<br />Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant
<br />to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section
<br />208.11.
<br />iG License Agreemejt Page 14 of 19
<br />Initials
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