WHEREBY, the Non-Participant is located within the Social District, but does not wish to participate in the Social District and/or is not otherwise allowed by law to participate (i.e., does not have a qualifying ABC permit) in the Social District.
NOW, THEREFORE, based upon the recitals, the mutual promises contained herein and other valid and sufficient consideration, the parties agree as follows: 1. Non-Participant agrees that it shall not participate in the Social District. 2. Should the Non-Participant later wish to participate in the Social District or become lawfully permitted to participate in the Social District, Non-Participant agrees to execute a Social District Permit Application prior to participating in the Social District. 3. Non-Participant represents and warrants that it shall comply with all applicable ABC Commission regulations and federal, state, and local laws, regulations, and orders. 4. Non-Participant acknowledges that it is located within the Social District but voluntarily waives participation in the Social District. Non-Participant voluntarily waives, releases, indemnifies and holds harmless the Town of Davidson and its representatives from any liabilities, claims, damages, injuries, losses, and expenses including reasonable attorneys’ fees and costs whatsoever, including those for personal injury, death, or property damage, which may arise from or in connection with the operation and location of the Social District. 5. Non-Participant shall not allow Social District patrons to consume alcoholic beverages inside its premises. 6. This Agreement shall be binding upon and shall inure to the benefit the Town, Owner, and the Non-Participant and their respective successors and assigns as permitted under this Agreement. 7. The Town may amend this Agreement at any time and shall provide notice of any amendment to the Owner and Non-Participant. 8. This Agreement may not be assigned without the written consent of the Town. 9. This Agreement shall be governed in all respects by the laws of the State of North Carolina. All matters, whether sounding in contract or tort relating to the validity, construction, interpretation, and enforcement of this Agreement, shall be governed in all respects by the laws of the State of North Carolina and venue shall be proper only in a court of competent jurisdiction located in Mecklenburg County, North Carolina. 10. This Agreement shall not constitute a waiver of the Town’s governmental immunity or of the Town’s limitation on liability or damages created by law.
Kim Fleming, Economic Development DirectorTown of Davidson251 South StreetP.O. Box 579Davidson, NC 28036
This field is not part of the form submission.
* indicates a required field