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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 <br />