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.