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Prior to opening day for the Fair, the Show will provide the County with a complete list of all Show
<br />personnel and /or agents (including without limitation, independent contractors) working at the Fair. The
<br />Show hereby represents that all ticket sellers, ticket takers, persons participating in the shows,
<br />concessionaires, game operators, service and maintenance personnel, independent contractors, ride
<br />operators, equipment operators and any other Show personnel, agents and representatives are properly
<br />trained, skilled, qualified and knowledgeable in their respective Fair duties, possessing the requisite
<br />expertise and experience to safely and effectively perform their respective duties and shall perform their
<br />duties in a competent and safe manner at all times. The Show shall be solely responsible for the payment
<br />of any salary or wages due its employees, representatives and /or agents. The safety and conduct of all
<br />Show employees, agents, representatives and guests while on County property shall be the sole
<br />obligation and responsibility of the Show. The Show shall be solely responsible for the conduct and
<br />personal appearance of Show personnel, agents, representatives and guests. All Show personnel, agents
<br />and representatives shall be clean, neatly dressed, orderly and polite in their conduct and speech at all
<br />times. Intoxication or the illegal use of controlled substances by the Show's personnel, representatives,
<br />agents or guests, or any impolite, discourteous, obscene or other socially unacceptable conduct or speech
<br />by such parties, as determined by the County and /or the Cabarrus County Sheriff's Department or any
<br />other law enforcement authority, is strictly prohibited. Any conduct of the Show's personnel, agents
<br />and /or guests deemed unacceptable by the County may result in such person being immediately and
<br />permanently removed from the County property.
<br />VII. INSURANCEANDEMNITY.
<br />A. Insurance. The Show will purchase an insurance policy insuring against personal and bodily injury
<br />(including without limitation, death) and property damage in an amount of no less than five million
<br />dollars ($5,000,000.00), naming the County, its agents, officers and assigns as an additional named
<br />insured. The Shows' insurance coverage(s) shall be on a primary basis or a primary and non-
<br />contributory basis over any other insurance that may be available to Cabarrus County with respect to this
<br />Agreement. In addition, the Show will insure that any entity or individual leasing, loaning or in any
<br />manner allowing the Show to use any equipment as part of the Show Attractions, also provides the
<br />County with a similar policy. The policy (ies) shall contain a written provision that it cannot be
<br />cancelled without ten (10) days prior written notice to the County. The policy (ies) shall be issued by a
<br />carrier or company acceptable to the County and properly licensed to do business in North Carolina. A
<br />certificate of insurance or other proof of coverage acceptable to the County shall be provided to the Fair
<br />Director by August I" each year.
<br />B. Indemnity. The Show hereby indemnifies and holds harmless the County, the Fair, the Center
<br />and /or any of their employees, representatives and agents from and against any and all demands,
<br />damages, liabilities, costs or expenses of any kind or nature (including without limitation, attorneys' fees
<br />and legal costs) as they are incurred or awarded, arising out of or in any way attributable to the Show,
<br />the Show Attractions and /or the actions or failure to act by Show personnel, representatives, agents
<br />and /or guests. This indemnity shall survive termination of this Agreement. For purposes of any Show
<br />liability and/or indemnities provided hereunder, in addition to any recourse the County, its agents,
<br />officers and assigns may have against any third parties, the Show acknowledges that it has direct
<br />responsibility and liability for and management and control over all Show Attractions which it owns,
<br />leases or uses at the Fair.
<br />Attachment number 1 \n
<br />F -6 Page 93
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