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6. OPERATION TERMS. LICENSEE shall:
<br /> (a) Comply with federal,state,and local laws.
<br /> (b) Report and pay all federal,state,and local taxes due as a result of operation under this agreement. 12
<br /> (c) Have garbage and debris ready for collection at 11:00 p.m.each evening and clean around own area.
<br /> (d) Restrict all activities and advertising matter to the space assigned.
<br /> (e) Have all exhibits in place by 9:00 a.m.on Thursday,August 24,2006.
<br /> (f) Not dismantle exhibits until 8:00 p.m.Labor Day
<br /> (g) Attend and open the concession at all times the fair is in operation.
<br /> (h) Use only fire-resistant materials for decorating.
<br /> (I) Abide by all conditions,rules,and regulations,written or oral,made by FAIR at any time.All future written or oral
<br /> conditions, rules and regulations shall become a part of this contract as if now published.
<br /> (j) Promptly close any concession which in the sole discretion of the Fairgrounds Manager is inappropriate,hazardous,
<br /> or in violation of this agreement.
<br /> 7. ADDITIONAL CONDm0NS, RULES, AND REGULATIONS. LICENSEE agrees to be bound by the additional conditions, rules, and
<br /> regulations set forth in the publication Concessionaire Rules Manual,a copy of which has been furnished LICENSEE,which by this reference is
<br /> made a part of this agreement.
<br /> 8. INSURANCE Licensee shall provide proof of general liability insurance with limits not less than $1,000,000 each occurrence,
<br /> combined single limit. Insurance shall include and specifically state:"Snohomish County,its officers,elected officials,agents,and employees"
<br /> as additional insured.Refer to Concessionaire's Manual for specific insurance requirements.
<br /> 9. HOLD HARMLESS. LICENSEE shall protect,save harmless,indemnify,and defend at its own expense,Snohomish County,its elected
<br /> and appointed officials, employees, and agents, from any loss or claim for damages of any nature whatsoever, arising out of or suffered,
<br /> directly or indirectly,in connection with this agreement or LICENSEE's use of the premises,including claims by UCENSEE's employees or third
<br /> parties,except for those damages solely caused by negligence or willful misconduct of Snohomish County,its elected and appointed officials,
<br /> officers,employees,or agents.
<br /> This hold harmless agreement expressly provides for waiver of the LICENSEE's immunity under RCW Title 51 Industrial Insurance for claims by
<br /> its employees and this hold harmless agreement and waiver of immunity were mutually and expressly negotiated and agreed between the
<br /> parties.
<br /> 10. LICENSEE RESPONSIBLE FAIR assumes no liability for damages to goods or property of LICENSEE or any liability for damages to
<br /> persons or property arising out of or suffered, directly or indirectly, in connection with this license or LICENSEE's use of the premises.
<br /> LICENSEE agrees that the address indicated above will be its address for service of process and that if for any reason that the address is
<br /> unavailable,FAIR is designated its agent for service of process in any action arising out of its use of the fairgrounds.
<br /> 11. ALTERATIONS. LICENSEE shall:
<br /> (a) Make no alterations,including electrical wiring,on any portion of the fairgrounds without permission from the Fairgrounds
<br /> Manager.Electrical wiring, if permitted,must be performed under the supervision of the fair electrician and in compliance with all applicable
<br /> codes,ordinances,and other laws.
<br /> (b) Leave the assigned premises in a clean and orderly condition,less fair wear and tear.
<br /> 12. SUBLETTING PROHIBITED. LICENSEE shall not sublet or assign any privilege or portion of the space covered by this agreement.
<br /> 13. LIEN. FAIR shall have a lien upon any property stored, used,or located any place upon the fairgrounds by LICENSEE for any unpaid
<br /> rentals and for any and all damages sustained by FAIR resulting from breach of this agreement by LICENSEE or otherwise caused by LICENSEE
<br /> and shall have the right to retain such property or any part of it without process of law and may appropriate any or all such property as its
<br /> own to satisfy any such daim.
<br /> 14. WORKER'S COMPENSATION. LICENSEE hereby certifies that LICENSEE is in compliance with Title 51 RCW relating to worker's
<br /> compensation.
<br /> 15. CANCELLATION AND REFUND. If LICENSEE provides FAIR written notice of LICENSEE's intent to cancel this agreement more than
<br /> sixty (60) days before the opening day of the fair, FAIR will cancel this agreement and refund 90% of any advance payments made by
<br /> LICENSEE if LICENSEE provides more than thirty(30) but less than sixty(60)days written notice, FAIR will cancel this agreement and refund
<br /> 50%of any advance payments made by LICENSEE. LICENSEE may not otherwise cancel this agreement or obtain a refund except with the
<br /> express written consent of FAIR which may be granted or withheld in its sole discretion.
<br /> 16. TERMINATION BY FAIR. FAIR may terminate this agreement and the privileges granted by it:
<br /> (a) At any time FAIR in its sole discretion determines a need for the premises which is inconsistent with use and occupancy by
<br /> LICENSEE in this event, FAIR's sole liability to LICENSEE shall be limited to refund of a share of any advance payments in proportion to the
<br /> period of use and occupancy realized as against the original license term,Or
<br /> (b) Upon violation of any term or condition of this agreement by LICENSEE in this event,termination shall occur immediately
<br /> upon notice to LICENSEE.FAIR may retain any advance payment and may pursue other legal remedies as it determines appropriate.
<br /> 17. GOVERNING LAW AND VENUE This agreement shall be governed by the laws of the State of Washington. Any lawsuit regarding it
<br /> must be brought in Snohomish County.
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