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Last modified
10/23/2018 11:25:27 AM
Creation date
10/4/2018 12:29:24 PM
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Contracts
Company Name
NINYO & MOORE
Contract #
A-2018-189
Agency
PUBLIC WORKS
Council Approval Date
8/21/2018
Expiration Date
8/20/2021
Insurance Exp Date
5/1/2019
Destruction Year
2026
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(2) The total of all deductible and <br />self-insured amounts under that <br />"other insurance". <br />We will share the remaining loss, if <br />any, with any 'other insurance" that is <br />not described in this Excess Insur- <br />ance provision. <br />c. Method Of Sharing <br />If all of the 'other insurance" permits <br />contribution by equal shares, we will <br />follow this method also. Under this <br />approach each provider of insurance <br />contributes equal amounts until it has <br />paid its applicable limit of insurance <br />or none of the loss remains, which- <br />ever comes first. <br />If any of the 'other insurance" does <br />not permit contribution by equal <br />shares, we will contribute by limits. <br />Under this method, the share of each <br />provider of insurance is based on the <br />ratio of its applicable limit of insur- <br />ance to the total applicable limits of <br />insurance of all providers of insur- <br />ance. <br />2. The following definition is added to SECTION <br />V M DEFINITIONS: <br />"Other insurance": <br />a. Means insurance, or the funding of <br />losses, that is provided by, through or on <br />behalf of: <br />(1) Another insurance company; <br />(2) Us or any of our affiliated insurance <br />companies, except when the Non <br />cumulation of Each Occurrence Limit <br />section of Paragraph 5. of LIMITS OF <br />INSURANCE (Section III) or the Non <br />cumulation of Personal and Advertis- <br />ing Injury limit sections of Paragraph <br />4. of LIMITS OF INSURANCE (Sec- <br />tion III) applies; <br />(3) Any risk retention group; <br />(4) Any self-insurance method or pro- <br />gram, other than any funded by you <br />and over which this Coverage Part <br />applies; or <br />(5) Any similar risk transfer or risk man- <br />agement method. <br />b. Does not include umbrella insurance, or <br />excess insurance, that you bought spe- <br />cifically to apply in excess of the Limits of <br />COMMERCIAL GENERAL LIABILITY <br />Insurance shown on the Declarations of <br />this Coverage Part. <br />R. UNINTENTIONAL OMISSION <br />1. The following is added to Paragraph 6. Rep- <br />resentations of SECTION IV M COMMER- <br />CIAL GENERAL LIABILITY CONDITIONS: <br />The unintentional omission of, or uninten- <br />tional error in, any information provided by <br />you which we relied upon in issuing this policy <br />shall not prejudice your rights under this in- <br />surance. <br />2. This Provision R. does not affect our right to <br />collect additional premium or to exercise our <br />right of cancellation or nonrenewal in accor- <br />dance with applicable insurance laws or regu- <br />lations. <br />S. WAIVER OF TRANSFER OF RIGHTS OF RE- <br />COVERY AGAINST OTHERS TO US WHEN <br />REQUIRED BY CONTRACT <br />The following is added to Paragraph 8. Transfer <br />of Rights of Recovery Against Others to Us of <br />SECTION IV E COMMERCIAL GENERAL LI- <br />ABILITY CONDITIONS: <br />We waive any rights of recovery we may have <br />against any person or organization because of <br />payments we make for "bodily injury", "property <br />damage", "personal injury" or "advertising injury" <br />arising out of: <br />1. Premises owned by you, temporarily occu- <br />pied by you with permission of the owner, or <br />leased or rented to you; <br />2. Ongoing operations performed by you, or on <br />your behalf, under a contract or agreement <br />with that person or organization; <br />3. "Your work"; or <br />4. "Your products". <br />We waive these rights only where you have <br />agreed to do so as part of a "written contract re- <br />quiring insurance" entered into by you before, and <br />in effect when, the "bodily injury" or "property <br />damage" occurs, or the "personal injury" offense <br />or "advertising injury" offense is committed. <br />T. AMENDED BODILY INJURY DEFINITION <br />The following replaces the definition of "bodily <br />injury" in the DEFINITIONS Section: <br />"Bodily injury" means bodily injury, mental an- <br />guish, mental injury, shock, fright, disability, hu- <br />miliation, sickness or disease sustained by a per - <br />CG D4 15 05 08 (Rev. 10-08) © 2008 The Travelers Companies, Inc. Page 7 of 8 <br />REVIEWED BY: EUNICE HEREDIA (PG fOF I A <br />
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