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(d) 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 the next 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
<br />prevent the use of the Premises for the Events, then this License Agreement shall terminate. In
<br />such 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 />(a) In the event any part of the Ballfields are damaged or unsafe for use to due to a hurricane,
<br />fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall
<br />render the fulfillment of the Agreement by the County impossible for the event, the County
<br />shall refund 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,
<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 from 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 />of artist recording restrictions, Applicant shall request the right to allow the County to take
<br />generic production and still photographs of the Event.
<br />22. Unless excused by impracticability or impossibility of performance or other lawful contractual
<br />defense, any attraction, act, or person contracted to appear during the Event as an entertainer
<br />shall appear at the published time or within one hour thereafter. Applicant shall not advertise or
<br />permit any advertising that a particular performer will appear for the Event until after a contract
<br />for the performer's appearance has been executed and a copy thereof has been provided to the
<br />County; otherwise, the County may terminate this License Agreement and cancel the Event.
<br />Indian Rivelyunty Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc.
<br />Initials
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