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Last modified
11/4/2020 9:04:50 AM
Creation date
11/13/2018 8:36:28 AM
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Contracts
Company Name
CIRCLEPOINT
Contract #
A-2017-265-06
Agency
PLANNING & BUILDING
Council Approval Date
10/3/2017
Expiration Date
10/2/2020
Insurance Exp Date
10/1/2021
Destruction Year
2025
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BUSINESS LIABILITY COVERAGE FORM <br />contract, written agreement or because of a <br />permit issued by a state or political <br />subdivision, that such person or organization <br />be added as an additional insured on your <br />policy, provided the injury or damage occurs <br />subsequent to the execution of the contract or <br />agreement, or the issuance of the permit. <br />A person or organization is an additional <br />insured under this provision only for that <br />period of time required by the contract, <br />agreement or permit. <br />However, no such person or organization is an <br />additional insured under this provision if such <br />person or organization is included as an <br />additional insured by an endorsement issued <br />by us and made a part of this Coverage Part, <br />including all persons or organizations added <br />as additional insureds under the specific <br />additional insured coverage grants in Section <br />F. — Optional Additional Insured Coverages. <br />a. Vendors <br />Any person(s) or organization(s) (referred to <br />below as vendor), but only with respect to <br />"bodily injury" or "property damage" arising <br />out of "your products" which are distributed <br />or sold in the regular course of the vendor's <br />business and only if this Coverage Part <br />provides coverage for "bodily injury" or <br />"property damage" included within the <br />"products -completed operations hazard". <br />(1) The insurance afforded to the vendor <br />is subject to the following additional <br />exclusions: <br />This insurance does not apply to: <br />(a) "Bodily injury" or "property <br />damage" for which the vendor is <br />obligated to pay damages by <br />reason of the assumption of <br />liability in a contract or agreement. <br />This exclusion does not apply to <br />liability for damages that the <br />vendor would have in the absence <br />of the contract or agreement; <br />(b) Any express warranty <br />unauthorized by you; <br />(c) Any physical or chemical change <br />in the product made intentionally <br />by the vendor; <br />(d) Repackaging, except when <br />unpacked solely for the purpose of <br />inspection, demonstration, testing, <br />or the substitution of parts under <br />instructions from the manufacturer, <br />and then repackaged in the <br />original container; <br />(e) Any failure to make such <br />inspections, adjustments, tests or <br />servicing as the vendor has <br />agreed to make or normally <br />undertakes to make in the usual <br />course of business, in connection <br />with the distribution or sale of the <br />products; <br />(f) Demonstration, installation, <br />servicing or repair operations, <br />except such operations performed <br />at the vendor's premises in <br />connection with the sale of the <br />product; <br />(g) Products which, after distribution <br />or sale by you, have been labeled <br />or relabeled or used as a <br />container, part or ingredient of any <br />other thing or substance by or for <br />the vendor; or <br />(h) "Bodily injury" or "property <br />damage" arising out of the sole <br />negligence of the vendor for its <br />own acts or omissions or those of <br />its employees or anyone else <br />acting on its behalf. However, this <br />exclusion does not apply to: <br />(i) The exceptions contained in <br />Subparagraphs (d) or (f); or <br />(ii) Such inspections, adjustments, <br />tests or servicing as the vendor <br />has agreed to make or normally <br />undertakes to make in the usual <br />course of business, in <br />connection with the distribution <br />or sale of the products. <br />(2) This insurance does not apply to any <br />insured person or organization from <br />whom you have acquired such products, <br />or any ingredient, part or container, <br />entering into, accompanying or <br />containing such products. <br />b. Lessors Of Equipment <br />(1) Any person or organization from <br />whom you lease equipment; but only <br />with respect to their liability for "bodily <br />injury", "property damage" or <br />"personal and advertising injury" <br />caused, in whole or in part, by your <br />maintenance, operation or use of <br />equipment leased to you by such <br />person or organization. <br />Page 12 of 24 Form SS 00 08 04 05 <br />44568430 118/19 GL-AU-DME-WC-X9-EL0: Per Project I Emily Elebree 19/28/2018 11:15:46 AM IPDT) I Page 4 of B <br />
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