AG 2012 01 17 - Laserfiche WebLink

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limitation, attorneys' fees and legal costs) as they are incurred and awarded, arising out of or in any way attributable to the Show, the Show Attractions and /or the actions or failure to act by Show personnel, representatives, agents and/or guests. This indemnity shall survive termination of this Agreement, For purposes of any Show liability and/or indemnities provided hereunder, in addition to any recourse the County, the Fair, the Center or any of their employees, agents or representatives may have against any third parties, the Show acknowledges that it has direct responsibility and liability for and management and control over all Show Attractions which it owns, leases or uses at the Fair. 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. NOTICES/ RENEWAL / ASSIGNMENT /RE PE SENTATIONS/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 Parker, Fair Manager With respect to the Show, the notice shall be addressed to: Amusements of Rochester, Inc. d /b /a 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 Attachment number 1 F -1 Page 90