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(j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the <br />County's Risk Manager, demonstrating the maintenance of the required insurance including the <br />additional insured endorsement fifteen (15) days prior to the Event Date. Upon written request, <br />the Applicant shall make its insurance policies and endorsements available to the County's Risk <br />Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies <br />with this License Agreement's requirements, including, if any, additional insurance coverages <br />deemed necessary by the Risk Manager. No material alteration or cancellation, including <br />expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after <br />receipt of written notice by the County from the Applicant or the Applicant's insurance <br />company. <br />(k) Discretionary Authority — Depending upon the nature of any aspect of any event and its <br />accompanying exposures and liabilities, the County may, at its sole option, require additional <br />insurance coverages not listed above, in amounts responsive to those liabilities, which may or <br />may not require that the County also be named as an additional insured. <br />(1) Applicant is required to immediately notify the County of any incident, accident, occurrences <br />and/or claims made in connection with the Event. <br />16. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or <br />conditions, including the timely submittal of all documents set forth in Section B, of this License <br />Agreement, the County may terminate this License Agreement and decline to issue any and all <br />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 />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 date of each tournament of the License <br />Agreement Duration will receive a refund equal to 100% of the payment collected under <br />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 or applied to the next tournament date. <br />(c) Cancellation of any dates within (4) days of the scheduled tournament will warrant a <br />cancellation fee of $500, the remainder of the balance paid for the tournament will be <br />refunded or applied to the next tournament date. <br />(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 />Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. <br />Page 8of11 <br />Initials 206 <br />