VENDOR HOLD HARMLESS & INSURANCE AGREEMENT
VENDOR agrees to obtain at Vendor’s sole cost and expense a Commercial General Liability insurance policy with coverage to protect against any and all bodily injury or property damage as a consequence of the installation and/or operation of the equipment, sale of merchandise, services, and/or food provided by Vendor and/or employees, contractors and agents with respect to the activities of Vendor on the premises or any Festival Venue of DelFest LLC and the Allegany County Fairgrounds. This coverage will provide at least a $1,000,000 General Aggregate limit and $1,000,000 per Occurrence limit and be provided through an insurance carrier rated A or better. VENDOR shall name DelFest LLC and Allegany County Fairgrounds as Additional Insureds on all such policies. In addition, Vendor acknowledges that neither DelFest LLC or Allegany County Fairgrounds maintain insurance covering exhibitor's property and that it is the sole responsibility of VENDOR to obtain business interruption and property insurance insuring any losses of VENDOR.
VENDOR agrees to indemnify and hold DelFest LLC and Allegany County Fairgrounds harmless from and against any and all claims, actions, damages, liability and expense, including but not limited to reasonable attorney's fees, in connection with loss of life, personal injury, bodily injury, and/or damage to property arising from or out of any occurrence in, upon or at the(name of festival), or any part thereof, or occasioned wholly or in part by any act or omission of said Vendor named above, its agents, contractors, employees, servants, customers, invitees, Vendor or otherwise arising from the agreement that the Vendor has with DelFest LLC, except to the extent that such claims are caused by the gross negligence or willful misconduct of DelFest LLC or Allegany County Fairgrounds. DelFest LLC and Allegany County Fairgrounds shall not be liable for any damage to property of Vendor or of others associated with the Vendor, nor for the loss of or damage to any property of Vendor or of others by theft or otherwise. DelFest LLC and Allegany County Fairgrounds shall not be liable for any such damage caused by any other Vendor or persons in the Premises or the building of which the Vendor is located.
VENDOR shall waive all claims against, shall release, and shall not hold DelFest LLC or Allegany County Fairgrounds responsible for any loss or damage to Vendor’s property, fixtures, or merchandise belonging to Vendor agents, servants, contractors, employees, licensees, invitees or customers caused by burglary, theft, robbery, vandalism, forced entry, riot or other such acts.