NON-PERFORMANCE

It is understood and agreed between the Vendor and the State Fair, that neither party shall be liable for non-performance of this agreement caused by strikes, lock-outs, flood, pestilence, acts of the elements, civil commotion, disaster, epidemic, fire, Act of God, or arising or occurring before or during the State Fair period, which shall render a necessary cancellation of such State Fair in whole or in part.

In such event, the license agreement will stand cancelled, and as far as practical, a refund will be made to the Vendor for any deposits, charges or payments made under the terms of the agreement, but it is distinctly understood and agreed that the State Fair shall in no such event be liable to the Vendor for any damage or loss of expense incurred by reason of cancellation.