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Last modified
9/8/2025 5:17:39 PM
Creation date
9/8/2025 5:17:17 PM
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Contracts
Company Name
KABOOM!
Contract #
A-2025-139
Agency
Parks, Recreation, & Community Services
Council Approval Date
8/19/2025
Expiration Date
9/30/2026
Insurance Exp Date
1/1/2026
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(b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection <br /> with the "suit"; <br /> (c) Notify any other insurer whose coverage is available to the indemnitee; and <br /> (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; <br /> and <br /> (2) Provides us with written authorization to: <br /> (a) Obtain records and other information related to the"suit"; and <br /> (b) Conduct and control the defense of the indemnitee in such "suit". <br /> So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary <br /> litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be <br /> paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - <br /> Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for"bodily injury" and <br /> "property damage"and will not reduce the limits of insurance. <br /> Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as <br /> Supplementary Payments ends when: <br /> a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or <br /> b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. <br /> SECTION II -WHO IS AN INSURED <br /> 1. If you are designated in the Declarations as: <br /> a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you <br /> are the sole owner. <br /> b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also <br /> insureds, but only with respect to the conduct of your business. <br /> c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the <br /> conduct of your business.Your managers are insureds, but only with respect to their duties as your managers. <br /> d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your <br /> "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. <br /> Your stockholders are also insureds, but only with respect to their liability as stockholders. <br /> e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. <br /> 2. Each of the following is also an insured: <br /> a. Employees And Volunteer Workers <br /> Your "volunteer workers" only while performing duties related to the conduct of your business, or your <br /> "employees", other than either your"executive officers" (if you are an organization other than a partnership, joint <br /> venture or limited liability company) or your managers (if you are a limited liability company), but only for acts <br /> within the scope of their employment by you or while performing duties related to the conduct of your business. <br /> However, none of these"employees"or"volunteer workers"are insureds for: <br /> (1) "Bodily injury"or"personal and advertising injury": <br /> (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you <br /> are a limited liability company), to a co-"employee" while in the course of his or her employment or <br /> performing duties related to the conduct of your business, or to your other "volunteer workers" while <br /> performing duties related to the conduct of your business; <br /> (b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a <br /> consequence of Paragraph (1)(a) above; <br /> (c) For which there is any obligation to share damages with or repay someone else who must pay damages <br /> because of the injury described in Paragraphs(1)(a) or(1)(b)above; or <br /> (d) Arising out of his or her providing or failing to provide professional health care services. <br /> If you are not in the business of providing professional health care services: <br /> (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" <br /> providing first aid services; and <br /> (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic <br /> employed by you to provide such services. <br /> (2) "Property damage"to property: <br /> (a) Owned, occupied or used by, <br /> Form FIG 00 01 09 16 Page 11 of 22 <br />
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