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DocuSign Envelope ID:C06173A7-8480-4289-9B73-24F83B07078B
<br /> systems, plumbing and air conditioning installations,or any part thereof,furnished on the Fairgrounds,or by
<br /> reason of any loss or impairment of lighting,electrical current or water which may occur from any cause,or for
<br /> any loss or damage sustained resulting from fire,blackout,brown-out,water,wind,civil commotion,riot,labor
<br /> strikes, or act of God. LICENSEE,his agent,officers,and other authorized representatives,hereby waive all
<br /> rights and claims,action and causes of action and damages arising from any of the causes aforesaid or in any
<br /> manner whatsoever.
<br /> C. Indemnification: LICENSEE agrees to indemnify,defend and hold harmless the State of California,the County
<br /> of Alameda,the Alameda County Agricultural Fair Association,and their respective officers,agents,deputies and
<br /> employees from any and all claims,causes of action and suits accruing or resulting from any and all damage,
<br /> injury or loss to any person or persons, including all persons to whom LICENSEE may be liable under any
<br /> Worker's Compensation Law,to real or personal property,done directly or indirectly by LICENSEE or any
<br /> spectator,solicited or unsolicited,and for damages caused by accident,neglect and/or arising out of or in any way
<br /> connected with the exercise of LICENSE or the privileges herein granted.
<br /> D. License Limitations: This LICENSE does not constitute a lease,but constitutes a mere license to LICENSEE and
<br /> is limited to the Rented Facilities which are expressly and specifically described herein. All adjacent and
<br /> surrounding space belongs to ASSOCIATION and may be used or rented at ASSOCIATION's discretion. All
<br /> activities of LICENSEE,his agents,employees or representatives must be confined within the space allotted to
<br /> LICENSEE and may not be carried elsewhere on the premises of ASSOCIATION.
<br /> E. Legal Venue: Venue for any legal proceedings brought in connection to this LICENSE or any aspect of the
<br /> relationship between the parties,shall be in Alameda County. This LICENSE and all documents related thereto
<br /> shall be governed by and construed in accordance with the laws of the State of California.
<br /> F. Legal Fees: In the event of legal action by ASSOCIATION against LICENSEE arising out of this LICENSE,
<br /> LICENSEE agrees to pay all legal costs to ASSOCIATION of such action,including reasonable attorney fees.
<br /> 15. FORCE MAJEURE.
<br /> Should LICENSEE be prevented from taking possession of the Facilities or present the Event due to an
<br /> Event of Force Majeure, as defined herein, neither ASSOCIATION nor LICENSEE shall have any
<br /> liability to the other party under this AGREEMENT. The ASSOCIATION shall retain the Security
<br /> Deposit and Rental Fee paid by LICENSEE,to be applied toward the rescheduled use of the Facilities or
<br /> the Event to take place within twelve(12)calendar months of when notice was given by the party claiming
<br /> an Event of Force Majeure. Together, the LICENSEE and the ASSOCIATION shall work in good faith
<br /> to reschedule the LICENSEE's use of the Facilities or the Event within such twelve (12) calendar-month
<br /> period. If the LICENSEE does not use the Facilities or the Event within such twelve (12)calendar-month
<br /> period, ASSOCIATION shall refund the Rental Fee and/or Security Deposit paid by LICENSEE in its
<br /> sole discretion. The term"Event of Force Majeure" shall mean any and all acts of God, strikes, lock-outs,
<br /> other industrial disturbances, acts of the public enemy, laws, rules and regulations of governmental or
<br /> quasi-governmental entities, governmental orders not in effect as of the effective date of this
<br /> AGREEMENT/LICENSE, wars, blockades, insurrections, riots, terrorism or terrorist threats, epidemics,
<br /> pandemics, lightning,earthquakes,hurricanes, floods,washouts, fire or other casualty,civil disturbances,
<br /> explosions, breakage or accidents to equipment or machinery at no fault to the party claiming an Event of
<br /> Force Majeure, threats of bombs or similar interruptions, confiscation or seizure by any government or
<br /> public authority, nuclear reaction, radioactive contamination, or any other causes of like kind and
<br /> circumstance, whether herein enumerated or otherwise such events that are not reasonably within the
<br /> control or caused by the party claiming the right to delay the performance on account of such occurrence;
<br /> provided, however, in no circumstances shall the monetary inability of a party to perform any obligation
<br /> contained in this Agreement be construed to be an Event of Force Majeure.
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