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d. Cancellation less than 90 days of the first date of License Duration will forfeit the Event
<br />Deposit collected under Section BA(a).
<br />19. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250
<br />administrative fee for each modification or addendum to the License Agreement.
<br />20. 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 Event, then this License Agreement shall terminate. In such event, the
<br />County shall be paid for all items of expense incurred by it under this License Agreement and any
<br />reservation charges accrued prior to such destruction or damages, but the Applicant shall be relieved
<br />of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within
<br />Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires,
<br />and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes, and
<br />restraints imposed by order of a governmental agency or court. Causes or events within Applicant's
<br />control, and thus not falling within this Section 12, shall include, without limitation, Applicant's
<br />financial inability to perform or comply with the terms and conditions hereof, economic hardship, a
<br />featured act's failure, or refusal to perform or appear, and misfeasance, malfeasance, or nonfeasance
<br />by any of Applicant's directors, officers, employees, 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
<br />are 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
<br />or 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
<br />agrees to defend, indemnify and hold County harmless from all claims and actions for damages as
<br />to such losses, including attorney's fees.
<br />23. County and Applicant retain all television, film, recording and licensing rights as to any Event that
<br />takes 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
<br />recording restrictions, Applicant shall request the right to allow the County to take generic
<br />production and still photographs of the Event.
<br />24. 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 shall
<br />appear at the published time or within one hour thereafter. Applicant shall not advertise or permit
<br />any advertising that a particular performer will appear for the Event until after a contract for the
<br />performer's appearance has been executed and a copy thereof has been provided to the County;
<br />otherwise, the County may 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
<br />writing signed by the Assistant County Administrator. No such waiver shall be held to waive the
<br />iG Lice ns Agree rent Page 13 of 19
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