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Last modified
3/20/2023 2:35:27 PM
Creation date
12/18/2018 2:19:20 PM
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Contracts
Company Name
SMARTCOVER SYSTEMS
Contract #
A-2018-266
Agency
PUBLIC WORKS
Council Approval Date
11/20/2018
Expiration Date
11/19/2021
Destruction Year
2026
Notes
For Insurance Exp. Date see Notice of Compliance
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Policy #BKS S 7741748 <br />Paragraphs (a) and (b) above do not apply to "bodily injury' or "personal and advertising injury' caused by an <br />"employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the <br />"employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. <br />However, none of these "employees" are insureds for "bodily injury' or "personal and advertising injury' arising out <br />of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury' or "personal and <br />advertising injury', or caused in whole or in part by their intoxication by liquor or controlled substances. <br />The coverage provided by provision J. is excess over any other valid and collectable insurance available to your <br />"employee". <br />K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES <br />Paragraph 3. of Section II - Who Is An Insured is replaced by the following: <br />3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, <br />will qualify as a Named Insured if there is no other similar insurance available to that organization. <br />However: <br />a. Coverage under this provision is afforded only until the expiration of the policy period in which the <br />entity was acquired or formed by you; <br />b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you <br />acquired or formed the organization; and <br />C. Coverage B does not apply to "personal and advertising injury" arising out of an offense <br />committed before you acquired or formed the organization. <br />d. Records and descriptions of operations must be maintained by the first Named Insured. <br />No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture <br />or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured <br />under this provision. <br />L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES <br />Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. <br />Representations: <br />Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy <br />shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or <br />prior "occurrences" is not intentional. <br />M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT <br />Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In <br />The Event of Occurrence, Offense, Claim Or Suit: <br />Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured <br />shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of <br />Section II — Who Is An Insured or a person who has been designated by them to receive reports of <br />"occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or <br />"employee'. <br />N. LIBERALIZATION CLAUSE <br />If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional <br />premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your <br />state. <br />Under Section V — Definitions, Definition 3. is replaced by the following: <br />3. "Bodily Injury' means physical injury, sickness or disease sustained by a person. This includes mental <br />anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. <br />© 2013 Liberty Mutual Insurance Cam, <br />CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permission, �' `,� I Fila MS <br />a F OF �,� <br />
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