Mazza Vineyards Inc. must be named insured in the Merchant's Insurance Policy

Mazza Vineyards Inc. must be named insured in the Contractor's Insurance Policy

To the fullest extent permitted by law, MERCHANT and its affiliated entities, officers, directors, shareholders, employees, agents, contractors, sub-contractors, managers, accountants and attorneys, individually and collectively (“Indemnitors”) shall indemnify, defend and hold harmless FAIRE, FAIRE’s affiliated entities, officers, directors, shareholders, employees, agents, contractors, managers, accountants and attorneys, individually and collectively (“Indemnitees”), from any and all claims, demands, lawsuits, proceedings, losses, damages, debts, obligations and liabilities of any nature whatsoever which directly or indirectly arise out of or are alleged to arise out of any act or omission, in whole or in part, by MERCHANT and/or MERCHANT’s employees and/or anyone whose acts MERCHANT may be liable, whether or not such act or omission is within the scope of the employment or engagement of such person or entity,, including any claims for damage or injury to any person or property (real or personal). Without limiting the generality of the foregoing, this indemnity shall be deemed to cover (i) claims by employees of MERCHANT (including claims where MERCHANT is not specifically named) and (ii) claims caused or alleged to have been caused, in part, by the negligence of the Indemnitees. In claims against any Indemnitee, the indemnification obligations under this provision shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for any party under workers’ or workmen’s compensation acts, disability benefits acts or other employee benefits acts. MERCHANT shall also pay all costs, expenses and reasonable attorney fees that may be incurred or paid by the FAIRE in enforcing this indemnity provision.

Contractor shall name Mazza Vineyards, Inc, its representatives and employees, as an additional insured on all policies pertinent to the provision of services described in this Agreement.

Merchant shall name Mazza Vineyards, its representatives and employees as Named Insured

No later than ten (10) days before starting, Merchant must provide Contractor’s certificates of such insurance, acceptable to the Faire, shall be filed with the FAIRE and shall contain a provision that the policy will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the FAIRE. Contractor shall provide a certified copy of Contractor’s Insurance Policy to the FAIRE.

IN WITNESS WHEREOF, the FAIRE and MERCHANT have hereto signed this Agreement as of the date first set forth above with the intention of being legally bound hereby.