Farmers Market Vendor Agreement and Application

 
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EAST CAMPUS FARMERS MARKET AGREEMENT AND INDEMNIFICATION

This Vendor Agreement and Indemnification (this “Agreement) is made as of the date set forth herein below, by and between the undersigned vendor ("Vendor") and the University of Nebraska Board of Regents (“University”).

In consideration for the limited right to use an allocated space (the “Space”) on the East Campus for the sale of goods at the East Campus Farmers Market (“Market”) and the services provided by the University, the receipt and sufficiency of which is hereby acknowledged, the Vendor agrees as follows:

  1. Rules of Operation. Vendor has received a copy of the East Campus Farmers Market Rules of Operation (the “Rules”) and hereby agrees to comply with the Rules.
  2. “As Is” Condition. Vendor has inspected the Space and agrees to use the Space in its “as is” condition;
  3. Allowed Goods. Vendor will use the Space solely for the purposes of the Market to sell fresh fruits, vegetables, flowers, sauces, meats, cheeses, other food products and/or ancillary items. The Space shall not be used for any other purposes without the University’s prior written permission. No alcohol shall be sold.
  4. Market Days. The Market will operate on June 11, July 9 and August 13, 2022 between the hours of 10:00 a.m. and 2:00 p.m.
  5. Set-Up and Teardown. By 8:00 a.m. on each Market Day, Vendor shall have access to the Space. Vendor shall only erect stands for the purpose of selling goods to be erected on paved portions of the Space. By 3:00 p.m. on each Market Day, Vendor shall cause its stands to be disassembled and its Space to be cleaned of all debris. Vendor shall cause its Space to be restored to the condition it was in before the Market Day.
  6. Refuse. University will supply barricades and garbage cans for use in the market area 9:00 a.m. on each Market Day and will remove the barricades and garbage cans after 2:00 p.m. on each Market Day.
  7. Insurance. Vendor shall obtain and maintain a policy or policies of general liability insurance in the State of Nebraska providing coverage for personal injury and property damage. Such general liability insurance shall have a limit of not less than $1,000,000 per occurrence with a $3,000,000 aggregate limit for personal injuries, death or property damage suffered by any person or persons arising out of the use of the Facilities or the services provided with such use. Vendor shall name the Board of Regents of the University of Nebraska as an additional insured. Licensee shall provide the University with proof of insurance coverage, in the form of a certificate of insurance, not less than ten (10) business days in advance of the Event. Failure to obtain a certificate of insurance does not constitute a waiver of such insurance requirements by the University.
  8. Indemnification. Vendor shall indemnify, defend, and hold and save the University, and their respective officers, directors, agents and employees (together, the “Indemnified Parties”), harmless from any and all claims, suits, demands, debts, undertakings or proceedings of any kind or nature, whether meritorious or frivolous, in any way arising out of the Vendor’s use of the Space, including liability caused in whole or in part by the Indemnified Parties. Vendor shall, at its own expense, appear, defend, and pay all attorneys’ fees and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgment shall be rendered against the Indemnified Parties in any such action, Vendor shall, at its own expense, satisfy and discharge same. Vendor has received waiver and release of liability form and hereby agrees.
  9. COVID-19. New regulations may be in place in response to the COVID-19 Pandemic and Vendor hereby agrees to comply with the regulations to come.
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