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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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advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to <br />cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- <br />tion by liquor or controlled substances. <br />The coverage provided by provision J. is excess over any other valid and collectable insurance available to <br />your "employee". <br />K. NEWLY FORMED ORADDITIONALLY 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 <br />interest, will qualify as a Named Insured if there is no other similar insurance available to that <br />organization. However: <br />a. Coverage under this provision is afforded only until the expiration of the policy period in <br />which the 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 <br />venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies <br />e as an insured 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. Repre- <br />sentations: <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 <br />In 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 <br />insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph <br />1. of 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 <br />additional premium charge, your policy will automatically provide the coverage as of the day the revision is <br />effective in your state. <br />O. BODILY INJURY REDEFINED <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 <br />mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- <br />ness or disease. <br />® 2013 Liberty Mutual Insurance <br />CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissi <br />Rime Management DMsian <br />REV EWED & APPRDVED BY: <br />'� Risk Management Analyst <br />
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