Section 270.455  Insurance

a)         Lessee shall obtain public liability insurance insuring both lessee and the Department in the minimum amounts of One Hundred Thousand and 00/100 ($100,000) Dollars per person, Five Hundred Thousand and 00/100 ($500,000) Dollars per occurrence and Fifty Thousand and 00/100 ($50,000) Dollars property damage, which said insurance shall insure claims arising out of or in conjunction with 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 lessee's operations.  The Department shall reserve the right to require additional insurance if deemed necessary by the Superintendent of the Division or his designated representative.  The Department shall require additional insurance coverage at all auto races, tractor pulls, mechanical events, events where alcoholic beverages are served, or crowd size could present a substantial liability to the sponsor of the event, such as the Street Machines Nationals.  Lessee shall supply said policy of public liability insurance to the Department on or before one week prior to the event and said policy shall name the Illinois Department of Agriculture, 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 that area leased by said 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 herein.

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 said damage, shall be the sole responsibility of lessee and lessee shall be responsible to the Department for the full amount of said damage and upon being supplied with proof of loss, agrees to fully reimburse the Department for said damage within ten (10) days of receipt of said proof of loss.

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)