Business/Organization Name is hereinafter referred to as "the vendor."
In consideration of the vendor and its members, employees, volunteers or guests, being allowed to participate in West Chicago Blooming Fest, the undersigned hereby recognizes, acknowledges and assumes any and all risk pertaining to the vendor’s participation in the West Chicago Blooming Fest.
To the fullest extent permitted by law, the vendor hereby agrees to defend, indemnify and hold harmless the City of West Chicago, its officials, agents and employees, against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments, cost and expenses (including attorney’s fees), which may in anywise accrue against the City of West Chicago, its officials, agents and employees, arising in consequence of the vendor’s participation in West Chicago Blooming Fest, or which may in anywise result therefore, except that arising out of the sole legal cause of the City of West Chicago, its agents or employees. The vendor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the City of West Chicago, its officials, agents and employees, in any such action, the vendor at its own expense, satisfy and discharge the same.
The undersigned shall provide the City of West Chicago if applicable to the nature of the services provided a certificate of insurance reflecting coverage for general liability coverage in satisfactory amounts. The City of West Chicago, its officials, agents, employees and volunteers are to be covered as additional insured as respects the vendor’s participation in West Chicago Blooming Fest.
The invalidity or unenforceability of any of the provisions hereof shall not affect the validity or enforceability of the remainder of this Agreement.
Nothing set forth in this Agreement shall be deemed a waiver by the City of West Chicago of any defenses or immunities relating to any person or entity or their property, that are or would be otherwise available to the City of West Chicago or its Representatives under the provisions of the Illinois Local Government and Governmental Employees Tort Immunity Act, or that are otherwise available to local governments and their corporate authorities, officers, employees, agents and volunteers under the common law of the State of Illinois or the United States of America.
The undersigned represents it has full authority to execute this Waiver and Hold Harmless Agreement on behalf of the vendor.