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Works Director's sole discretion , such traffic barriers and traffic cones are available for such use . If the County's Public Works Director provides such traffic barricades and traffic cones for use in connection with the County Fair, the Association shall retrieve them from the County' s storage location , and then return them to the same storage location or where the County's Public Works Director otherwise directs , within five (5) days following conclusion of such year' s County Fair. The Association shall replace , at the Association 's expense , within thirty ( 30) days following conclusion of such year's County Fair, any of the County's traffic barricades and traffic cones that are damaged , lost, or stolen while in the Association ' s custody . 12 . The Association shall provide sanitation and adequate restroom facilities , in accordance with all applicable laws and regulations and to the County' s satisfaction , for persons attending the County Fair. 13 . The Association shall endeavor in good faith to procure a midway and provide staff to operate the County Fair. However, in the event that the Association fails to enter into a contract to provide a midway or if the Association determines that it cannot adequately staff the County Fair, then Association shall provide written notice to County at least 60 days before the County Fair is to open that it will not manage the County Fair, in which case the County may take whatever steps it deems appropriate . Any expenses incurred by the County in connection with the Association ' s failure to operate the County Fair shall be paid by the Association . 14 . Either party may terminate this Agreement or propose amending this Agreement by providing written notice to the other party by November 1 of the year preceding the following year' s County Fair. The term of this Agreement shall be from February 12 , 2008 through November 1 , 2010 , unless sooner terminated as provided herein . 15 . This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 16 . The Background Recitals are true and correct and form a material part of this Agreement. [this space left blank intentionally] 4