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Last modified
5/11/2026 11:46:23 AM
Creation date
5/11/2026 11:46:12 AM
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Contracts
Company Name
CWE
Contract #
A-2023-075-03A
Agency
Public Works
Council Approval Date
5/2/2023
Expiration Date
5/1/2027
Insurance Exp Date
6/6/2026
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XIV. WAIVER OF SUBROGATION <br /> SECTION IV-BUSINESS AUTO CONDITIONS,A. Loss Conditions, 5. Transfer of Rights Of Recovery <br /> Against Others To Us, section is replaced by the following: <br /> 5. Transfer Of Rights Of Recovery Against Others To Us <br /> We waive any right of recoverywe may have against any person or organization to <br /> the extent required of you by a written contract executed prior to a ny"accident"or <br /> "loss", provided that the"accident"or"loss" arises out of the operations <br /> contemplated by such contract.The waiver a pplies only to the person or <br /> organization designated in such contract. <br /> XV. UNINTENTIONAL ERROR,OMISSION,OR FAILURE TO DISCLOSE HAZARDS <br /> SECTION IV-BUSINESSAUTO CONDITIONS, B.General Conditions, 2. Concealment, <br /> Misrepresentation,or Fraud, the following is added: <br /> Any unintentional omission of or error in information given by you, or unintentional failure <br /> to disclose all exposures or hazards existing as of the effective date or at any time during <br /> the policy period shall not invalidate or adversely affect the coverage for such exposure or <br /> haza rd or prejudice your rights under this insurance. However,you must report the <br /> undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. <br /> This provision does not affect our right to collect additional premium or exercise our right <br /> of cancellation or non-renewal. <br /> XVI. EMPLOYEE HIREDAUTO PHYSICALDAMAGE <br /> SECTION IV—BUSINESSAUTO CONDITIONS, B.General Conditions, 5.Other Insurance, b. For Hired <br /> Auto Physical Damage Coverage, is replaced by the following: <br /> b. For Hired Auto Physical Damage Coverage,the following a re deemed to be covered <br /> ."autos"you own: <br /> 1. Any covered"auto"you lease, hire, rent or borrow; and <br /> 2. Any covered "auto" hired or rented by your"employee" under a contract in <br /> that individual "employee's" name, with your permission, while performing <br /> duties related to the conduct of your business. <br /> However,any"auto"that is leased, hired, rented or borrowed with a driver is not a covered <br /> "auto", <br /> XVII.PRIMARY AND NONCONTRIBUTORYIF REQUIRED BYCONTRACT <br /> SECTION IV—BUSINESS AUTO CONDITIONS, B.General Conditions, 5.Other Insurance,the <br /> following is added and supersedes any provision tot he contrary: <br /> e. This insurance is primary to and will not seek contribution from any other insurance <br /> available to an additional insured under your policy provided that: <br /> (1) The additional insured is a Named Insured under such other insurance; and <br /> (2) You have agreed in writing in a contractor agreement that this insurance <br /> would be primary and would not seek contribution from any other <br /> insurance available to the additional insured. <br /> Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. <br /> MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permissior Page 5 of 6 <br />
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