Section 270.455  Insurance

a)         The lessee shall obtain public liability insurance insuring both lessee and the Department in the minimum amounts of $300,000 per person, $500,000 per occurrence and $50,000 property damage.  The insurance shall insure claims arising out of or in conjunction with the lessee's operations and shall also cover any claim arising out of or in connection with the use of any automobiles or trucks operated by lessee or its agents, servants or employees in connection with the lessee's operations.  The Department shall reserve the right to require additional insurance if deemed necessary by the Department's General Counsel or his or her designated representative.  The Department shall require additional insurance coverage at all auto races, tractor pulls, mechanical events, events where alcoholic beverages are served, or events in which crowd size could present a substantial liability to the sponsor of the event.  Lessee shall supply a policy of public liability insurance to the Department 15 business days prior to the event and that policy shall name the Illinois Department of Agriculture and its officers, employees, agents and directors as additionally insured.

b)         It is specifically understood and agreed that the Department will not be liable for injuries to lessee and lessee's agents or property.  Neither shall the Department be liable for any damage caused by an Act of God or national or State emergency.  The lessee further agrees to accept all liability for any injury sustained by the public on the area leased by the lessee and further agrees to indemnify the Department from any actions or claims resulting from personal injury or property damage on or near the premises described.

c)         It is understood and agreed that any damage done to any property, either real or personal, owned by the Department during the duration of any Agreement, regardless of the cause of the damage, shall be the sole responsibility of the lessee and the lessee shall be responsible to the Department for the full amount of the damage and, upon being supplied with proof of loss, agrees to fully reimburse the Department for the damage within 10 days after receipt of the proof of loss.

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)