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T.B. PENICK & SONS, INC.
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Last modified
9/3/2025 9:46:26 AM
Creation date
2/26/2025 1:26:21 PM
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Contracts
Company Name
T.B. PENICK & SONS, INC.
Contract #
N-2025-032
Agency
Parks, Recreation, & Community Services
Expiration Date
1/29/2026
Insurance Exp Date
9/1/2026
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WEST FIELD" <br /> FOLLOW FORM COMMERCIAL EXCESS LIABILITY POLICY <br /> In consideration of the payment of the premium and in reliance upon the application, underwriting <br /> information provided by the Named Insured listed in the Declarations (hereinafter referred to as"Named <br /> Insured", "You" and"Your")to the Insurer(hereinafter referred to as"We", "Us"and"Our"),We agree to <br /> provide You with the coverage under this policy as follows: <br /> I. INSURING AGREEMENT <br /> Subject to all of the terms, conditions and limitations of this policy, including endorsements hereto, We <br /> shall pay on behalf of the Insured Loss in excess of the Underlying Limits.This policy shall follow form <br /> to the terms, conditions and limitations of the Followed Policy(as noted in the Declarations),except as <br /> provided herein or in any endorsement hereto. <br /> II. POLICY DEFINITIONS <br /> A. Insured means any natural person or entity designated as such in the Underlying Insurance. <br /> B. Loss means those amounts actuallypaid in the settlement or satisfaction of a claim for injury or damage <br /> covered under the Followed Policy, the Underlying Insurance and this policy, which You are <br /> legally obligated to pay as damages, after making proper deductions for all recoveries and salvage. <br /> C. Underlying Insurance means the Followed Policy and any policy(ies)referenced in Item 5 of the <br /> Declarations,as well as all applicable policies and other forms of insurance or self insurance,regardless <br /> of whether such underlying is scheduled in Item 5 of the Declarations,applicable to a given loss,claim <br /> or occurrence. <br /> D. Underlying Limits means the sum of the limits of liability of the Underlying Insurance plus any <br /> applicable retentions or deductibles under such Underlying Insurance as well as any insurance, <br /> retentions or deductibles applicable to a given loss,claim or occurrence,regardless of whether such is <br /> scheduled in Item 5 of the Declarations. <br /> III. LIMIT AND PAYMENTS <br /> A. After any combination of You and all insurers constituting the Underlying Insurance shall have <br /> paid as Loss the full amount of the Underlying Limits, including those amounts not paid by <br /> Underlying Insurance in the event the Underlying Insurance provides more restrictive coverage <br /> than the Followed Policy or this policy, then We shall be liable to pay only such Loss up to the <br /> applicable Limits of Liability set forth in Item 3 of the Declarations. <br /> B. In the event of the reduction or exhaustion of the aggregate limits of liability in the Underlying <br /> Insurance by reason of Loss paid thereunder,this policy shall(1)in the event of reduction,continue in <br /> force in excess of the remaining amount of Underlying Insurance;or(2)in the event of exhaustion, <br /> continue in force as primary insurance, subject to all terms, conditions and limitations of this policy, <br /> including endorsements hereto;provided that in the event of this policy becoming primary insurance, <br /> it shall only pay excess of the applicable retention or deductible amount set forth herein and in the <br /> Underlying Insurance,which shall be applied to any subsequent loss,claim or occurrence.Notice of <br /> reduction or exhaustion of any Underlying Limits shall be given to Us promptly upon such reduction <br /> or exhaustion. <br /> C. If the limits of liability of the Underlying Insurance are reduced by the payment of defense costs <br /> in accordance with the terms of such policies, any payments for defense costs We pay will reduce the <br /> applicable Limits of Liability under this policy in the same manner. <br /> D. The stated Each Occurrence Limit of Liability as set forth in Item 3 of the Declarations is the maximum <br /> amount which We shall pay for all Loss arising out of any one occurrence to which this policy applies. <br /> XX 0000i o622 Page 1 of 3 ©2022 Westfield.All Rights Reserved. <br />
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