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BEAN SPROUTS, LLC (2)
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Last modified
2/11/2021 3:47:12 PM
Creation date
2/4/2021 5:20:57 PM
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Contracts
Company Name
BEAN SPROUTS, LLC
Contract #
A-2018-113-01
Agency
Parks, Recreation, & Community Services
Council Approval Date
5/1/2018
Expiration Date
9/17/2023
Insurance Exp Date
7/3/2021
Destruction Year
2028
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. <br />CYBERFLEX COVERAGE <br />This endorsement modifies insurance provided under the following: <br />BUSINESS LIABILITY COVERAGE FORM <br />This endorsement modifies coverage under the (2) Copying in your "advertisement", a <br />Business Liability Coverage Form for your web site or person's or organization's <br />internet related activities. "advertising idea" or style of <br />A. Exclusion 1.p. "Personal and Advertising Injury" "advertisement". <br />(Section B. - EXCLUSIONS) is modified as follows: 2. Paragraph (9) does not apply. <br />1. Paragraphs (4), (5) and (7) are deleted and <br />replaced by the following: <br />(4) Arising out of any breach of contract, <br />except an implied contract to use <br />another's "advertising idea" in your <br />"advertisement" or on "your web site"; <br />(5) Arising out of the failure of goods, <br />products or services to conform with <br />any statement of quality or <br />performance made in your <br />"advertisement" or on "your web site"; <br />(7) (a) Arising out of any actual or alleged <br />infringement or violation of any <br />intellectual property rights, such as <br />copyright, patent, trademark, trade <br />name, trade secret, service mark or <br />other designation of origin or <br />authenticity; or <br />(b) Any injury or damage alleged in any <br />claim or "suit" that also alleges an <br />infringement or violation of any <br />intellectual property right, whether <br />such allegation of infringement or <br />violation is made against you or any <br />other party involved in the claim or <br />"suit", regardless of whether this <br />insurance would otherwise apply. <br />However, this exclusion does not apply if <br />the only allegation in the claim or "suit" <br />involving any intellectual property right is <br />limited to: <br />(1) Infringement in your <br />"advertisement", of: <br />(a) Copyright; <br />(b) Slogan; or <br />(c) Title of any literary or artistic <br />work; or <br />3. Subparagraphs (a), (b) and (c) of Paragraph <br />(12) do not apply. <br />B. Section G. - LIABILITY AND MEDICAL <br />EXPENSES DEFINITIONS is amended as follows: <br />1. Paragraph b. of definition 1. "advertisement" is <br />deleted and replaced by: <br />"Advertisement" means the widespread public <br />dissemination of information or images that <br />has the purpose of inducing the sale of goods, <br />products or services through: <br />b. The Internet; <br />2. Paragraphs f. and g. of the definition of <br />"personal and advertising injury' are deleted <br />and replaced by the following: <br />"Personal and advertising injury' means injury, <br />including consequential "bodily injury", arising <br />out of one or more of the following offenses: <br />f. Copying, in your "advertisement" or on "your <br />web site", a person's or organization's <br />"advertising idea" or style of "advertisement"; <br />g. Infringement of copyright, slogan, or title of <br />any literary or artistic work, in your <br />"advertisement" or on "your web site"; or <br />3. The following is added to the definition of <br />"personal and advertising injury": <br />As used in this definition, oral, written or electronic <br />publication includes publication of material in your <br />care, custody or control by someone not <br />authorized to access or distribute that material. <br />4. The following definition is added: <br />Form SS 40 26 03 17 <br />© 2017, The Hartford <br />"Your web site" means a web page or set of <br />interconnected web pages prepared and <br />maintained by you, or by others on your behalf, for <br />the purposes of promoting your goods or services, <br />that is accessible over n rmmnl ItPr nPt\tinrk <br />cF RiskMmWmentDMsian <br />ke7 1'x REVIEWED & APPROVED BY.- <br />V"° <br />--� Risk janagement Analyst <br />
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