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DocuSign Envelope ID:C06173A7-8480-4289-9673-24F83B07078B <br /> B. Vision Plan: ASSOCIATION has adopted a facility vision plan for the Fairgrounds property and Association <br /> Facilities,which may be implemented,in whole or in part,during the term of this LICENSE and any extended <br /> term(s). Implementation of the facility vision plan may,within reason,require LICENSEE to relocate all or part <br /> of its event,equipment,footprint and/or operations to a comparable space on the Fairgrounds. The selection of <br /> any site on Association Facilities for relocation,if required,is at the sole and exclusive discretion of <br /> ASSOCIATION. ASSOCIATION reserves the right to operate any equipment and/or structure on property at any <br /> time, including but not limited to future buildings and/or sky ride. <br /> C. LICENSEE agrees that it is responsible for the success or failure of their event. The fact that LICENSEE is <br /> restricted by and subject to the terms and conditions of this LICENSE is a risk that LICENSEE freely assumes. <br /> D. LICENSEE,his officers,agents and employees shall act in an independent capacity and shall not represent <br /> themselves or be construed to be officers,agents,or employees of ASSOCIATION or the County of Alameda. <br /> E. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, <br /> unless made in writing and signed by the parties hereto.It is mutually understood that no oral understandings or <br /> agreements shall be binding upon the parties,unless incorporated herein or made in writing and signed by the <br /> parties hereto. <br /> F. ASSOCIATION reserves the final and absolute right to interpret rules and regulations,and arbitrarily settle and <br /> determine all matters,questions and differences in regard thereto,or otherwise out of,or connected with <br /> ASSOCIATION. <br /> G. It is mutually understood and agreed that failure of the ASSOCIATION to insist in any one or more instances <br /> upon the observance and/or performance of any of the foregoing provisions shall not constitute a waiver of any <br /> subsequent breach or breaches thereof. <br /> H. This LICENSE is not binding upon ASSOCIATION until it has been duly accepted and signed by <br /> ASSOCIATION's Authorized Representative. This LICENSE is valid for 30 days. If LICENSE is not duly <br /> accepted and fully executed within 30 days,the terms of the LICENSE may become null and void. <br /> I. Time is of the essence in every provision of this LICENSE. <br /> J. LICENSEE by affixing his/her signature to this LICENSE hereby acknowledges the terms and conditions of this <br /> LICENSE and understands and acknowledges the rules and regulations of ASSOCIATION with such rules and <br /> regulations as heretofore set forth,hereinafter set forth and attached to this LICENSE. <br /> IN WITNESS WHEREOF,This LICENSE has been executed,by and on behalf of the parties hereto,the day and year <br /> first above written. <br /> Organization/Individual: <br /> City of Pleasanton Nelson Fialho <br /> Organization City Manager <br /> Address: P.O.Box 520,Pleasanton,CA 94566 Phone No: 925-931-5002 <br /> NELSON FIALHO,PLEASANTON CITY MANAGER DATE <br /> ANGEL MOORE,VICE PRESIDENT OF BUSINESS DEVELOPMENT DATE <br /> ALAMEDA COUNTY AGRICULTURAL FAIR ASSOCIATION <br /> DS <br /> 1/S <br /> SUPERVISOR APPROVA <br /> Page 7 of 7 Initials <br />