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Each Permittee assumes full responsibility for any
injury to persons or property resulting from the display, sale, exchange or use
of Permittee's merchandise, vehicles, equipment, or other property; or of the assigned
ground space occupied by Permittee and/or Permittee's employees or agents. Permittee
further agrees to indemnify Tel Phil Enterprises, Inc. dba the Orange County Market
Place, and its officers, directors, employees, attorneys and agents from all liabilities,
claims, and damages, and to hold them free and harmless therefrom, and to defend
them at Permittee's sole expense, against all such liabilities, claims and damages.
All Permittees shall provide evidence of insurance protecting the legal liability
of Tel Phil Enterprises, Inc. from occurrences as to bodily injury liability, property
damage liability, personal injury liability, and contractual liability which are
limited to the operations of the Permittee.
- Each Permittee shall provide Tel Phil Enterprises, Inc. with an "original" certificate
of insurance, lawfully transacted, which sets forth the following information:
That Tel Phil Enterprises, Inc., its agents, officers,
servants and employees are made additional insureds, but only insofar as the operations
at the Orange County Market Place, 88 Fair Dr., Costa Mesa, CA. 92626.
The dates of inception and expiration of the insurance.
The named insured must be either the Permittee to whom the space is issued, or if
the named insured is a company, the Permittee must also be listed as an additional
insured.
The amounts of liability coverage of not less than
$1,000,000 per occurrence/$1,000,000 general aggregate annually (where an aggregate
limit is applicable to the policy), for all hazards (including contractual liability
and completed operations), for all damages caused by personal injury, bodily injury,
and property damage. Limits of $1,000,000 per occurrence/$1,000,000 general aggregate
per specialty or food vendor for all damages caused by personal injury, bodily injury,
property damage, including products and contractual liability. All Permittees selling
consumable items are designated specialty vendors and need product liability coverage.
All Permittees selling other goods and services (i.e. cosmetics, skin care, motorized
vehicles, etc.) are designated specialty vendors and require product liability insurance
and/or higher limits.
The insurance policy or certificate of insurance must state that it will be primary,
and not contributory, with any insurance purchased by Tel Phil Enterprises, Inc.
for its own operations.
A statement by the insurance company that it will
not cancel said policy or policies without giving thirty (30) days prior notice
to the insured and to Tel Phil Enterprises, Inc.
The insurance carrier must be rated by the A.M. Best Company, and hold a rating
of at least .B+,. in the financial category VI or higher.
The Permittee.s policy must cover all negligent acts of the Permittee occurring
as a result of its operations at the Orange County Market Place. No limitations
will be accepted.
A standard ACORD certificate of insurance evidencing these insurance requirements
must be provided to Tel Phil Enterprises, Inc., (for mailing address see Appendix
B).
- IN ADDITION, TEL PHIL ENTERPRISES, INC., IN ITS SOLE DISCRETION MAY REQUIRE HIGHER
LIMITS AND/OR ADDITIONAL COVERAGE FOR SUCH ACTIVITIES OR PRODUCTS AS IT MAY DEEM
NECESSARY.
- If you are a:
Monthly\Bid\Corporate\Modular Showroom Space Permittee
- You must have a current annual certificate of insurance that meets our requirements
on file at all times in order to sell.
Daily Reservation or Advance Space Purchase Permittee
- One of the following methods may be used:
- Have a current annual certificate of insurance that meets our requirements on file
in our office.
- Use "daily" certificates that have been purchased from an agent offering these certificates
for use at the Orange County Market Place.
- Purchase a "daily" type policy at the Orange County Market Place on the day that
you wish to sell.
Daily Overflow Permittee - One of the following methods
may be used:
- Attach a photocopy of your annual certificate of insurance to the Application for
Daily Ground Space Use Permit each day you sell at the Orange County Market Place.
Your annual certificate of insurance must meet our requirements. Please note that
we will keep this photocopy for our records, so we suggest that you have a back-up
supply on hand as we are unable to make photocopies for you at the Orange County
Market Place. This procedure will be followed even if you already have an annual
certificate of insurance on file in our office.
- Use "daily" certificates that have been purchased from an agent offering these certificates
for use at the Orange County Market Place.
- Purchase a "daily" type policy at the Orange County Market Place on the day that
you wish to sell.
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