AG 2016 09 19 - Laserfiche WebLink

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VIII. INDEPENDENT CONTRACTOR. The Show acknowledges and agrees that it is an independent contractor and is in no way operating as an agent of or joint venturer with the County, the Center or the Fair. IX. SEVERABILITY/PARAGRAPH HEADINGS. Each provision of this Agreement shall be separate and independent of any other and the breach of any Agreement provision by either party shall not relieve the other party from its obligations to perform each and every covenant hereunder. If the provision herein or the application to any person or circumstances shall to any extent be found invalid or unenforceable, the remaining provisions applicable to persons or circumstances other than to those to which it is invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforceable to the extent permitted by the law. Paragraph headings hereunder are for convenience only and shall not be deemed to be a controlling part of this Agreement. X. NOTICESIRENEWAL/ ASSIGNMENT /REPESENTATIONS/TERMINATION. A. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted under this Agreement shall be in writing and shall be deemed to have been properly delivered when hand- delivered or sent by the U.S. registered or certified mail, return receipt requested, postage prepaid. With respect to the County, the notice shall be addressed to: Cabarrus County Fair P.O. Box 707 Concord, NC 28026 -0707 Attention: Kate Sharpe, Fair Director With respect to the Show, the notice shall be addressed to: Amusements of Rochester, Inc. d /bla Powers Great American Midways P. O. Box 1608 Burgaw, NC 28425 B. Renewal. This Agreement may be renewed upon written consent of the parties hereto. C. Assignment; Show Representations. The parties agree that the physical, on -site presence during each "Fair Week" of the owner of the Show at the time this Agreement is executed or an owner - approved representative of the Show (which the County may in its sole discretion approve or disapprove) is a condition precedent to the performance of this Agreement. In the event any owner(s) of the Show at the time this Agreement is executed should, at any time during the term of this Agreement: (1) enter into an agreement to sell or transfer all or any part of their interest(s) in the Show; or (2) cease to be active in the day -to -day management of the Show; the Show must give the County sixty (60) days advance written notice of such change in ownership or management. In the event any current owner's Attachment number 1 \n F -6 Page 94