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BYROM-DAVEY, INC.
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Last modified
1/30/2025 9:50:21 AM
Creation date
8/9/2022 8:48:05 AM
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Contracts
Company Name
BYROM-DAVEY, INC.
Contract #
P 19-7527
Agency
Public Works
Council Approval Date
7/19/2022
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if such product, work, or property is withdrawn <br />or recalled from the market or from use by any <br />person or organization because of a known or <br />suspected defect, deficiency, inadequacy or <br />dangerous condition in it. <br />n. Personal And Advertising Injury <br />"Bodily injury" arising out of "advertising injury" <br />or "personal injury". <br />o. Access To Or Disclosure Of Confidential Or <br />Personal Information And Data -Related <br />Liability <br />Damages arising out of: <br />(1)Any access to or disclosure of any person's <br />or organization's confidential or personal in- <br />formation, including patents, trade secrets, <br />processing methods, customer lists, finan- <br />cial information, credit card information, <br />health information or any other type of non- <br />public information; or <br />(2)The loss of, loss of use of, damage to, cor- <br />ruption of, inability to access, or inability to <br />manipulate electronic data. <br />This exclusion applies even if damages are <br />claimed for notification costs, credit monitoring <br />expenses, forensic expenses, public relations <br />expenses or any other loss, cost or expense <br />incurred by you or others arising out of that <br />which is described in Paragraph (1) or (2) <br />above. <br />However, unless Paragraph (1) above applies, <br />this exclusion does not apply to damages be- <br />cause of "bodily injury". <br />As used in this exclusion, electronic data <br />means information, facts or programs stored <br />as or on, created or used on, or transmitted to <br />or from computer software, including systems <br />and applications software, hard or floppy disks, <br />CD-ROMS, tapes, drives, cells, data pro- <br />cessing devices or any other media which are <br />used with electronically controlled equipment. <br />Exclusions c. through m. do not apply to damage by <br />fire to premises while rented to you or temporarily <br />occupied by you with permission of the owner. A <br />separate limit of insurance applies to this coverage as <br />described in Section III — Limits Of Insurance. <br />COVERAGE B PERSONAL AND ADVERTISING <br />INJURY LIABILITY <br />1. Insuring Agreement <br />a. We will pay damages that the insured be- <br />comes legally obligated to pay for "advertising <br />injury" or "personal injury" to which this insur- <br />ance applies. We will have the right and duty to <br />defend the insured against any "suit" seeking <br />those damages. However, we will have no duty <br />to defend the insured against any "suit" seek- <br />ing damages for "advertising injury" or "per- <br />sonal injury" to which this insurance does not <br />apply. We may, at our discretion, investigate <br />any offense and settle any claim or "suit" that <br />may result. But: <br />(1) The amount we will pay for damages is <br />limited as described in Section III — Limits <br />Of Insurance; and <br />(2) Our right and duty to defend end when we <br />have used up the applicable limit of insur- <br />ance in the payment of judgments or set- <br />tlements under Coverages A or B or medi- <br />cal expenses under Coverage C. <br />No other obligation or liability to pay sums or <br />perform acts or services is covered unless ex- <br />plicitly provided for under Supplementary <br />Payments — Coverages A and B. <br />b. This insurance applies to "advertising injury" or <br />"personal injury" caused by an offense arising <br />out of your business but only if the offense was <br />committed in the "coverage territory" during the <br />policy period. <br />2. Exclusions <br />This insurance does not apply to: <br />a. Expected Or Intended Injury <br />"Advertising injury" or "personal injury" arising <br />out of an offense committed by or on behalf of <br />the insured, that: <br />(1) Is intended by such insured; or <br />(2) Would be expected from the standpoint of a <br />reasonable person in the circumstances of <br />such insured; <br />to cause injury. <br />b. Publications With Knowledge Of Falsity <br />"Advertising injury' or "personal injury" arising <br />out of any electronic, oral, written or other pub- <br />lication of content or material by or with the <br />consent of the insured: <br />(1) With knowledge of its falsity; or <br />(2) If a reasonable person in the circumstances <br />of such insured would have known such <br />content or material to be false. <br />Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with <br />17) its permission <br />Kil <br />x�ona� <br />RiA, M1fanagenmtOmUl Aitle ;- <br />
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