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Last modified
6/13/2022 9:16:39 AM
Creation date
1/23/2019 10:35:30 AM
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Contracts
Company Name
ADVANTAGE MAILING
Contract #
A-2017-010-01
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
1/17/2017
Expiration Date
1/16/2020
Destruction Year
2025
Notes
A-2017-010
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3. <br />rendering of or the failure to render any profes- <br />sional services by or for you. <br />Additional Insured- Vendors <br />If an Additional Insured Vendors endorsement is <br />attached to this policy that specifically names a <br />person or organization as an additional insured, <br />then this Section 3. Additional Insured - Vendors <br />does not apply to that person or organization. <br />Unless the products -completed operations hazard <br />is excluded from this policy, SECTION II - WHO <br />IS AN INSURED, item 2.f. is added as follows: <br />f. Any vendor of yours is included as an addi- <br />tional insured, but only with respect to bodily <br />injury or property damage caused by your <br />products which are distributed or sold in the <br />regular course of the vendor's business, sub- <br />ject to the following additional exclusions: <br />(1) The insurance afforded such vendor does <br />not apply to: <br />(a) Bodily injury or property damage for <br />which the vendor is obligated to pay <br />damages by reason of the assump- <br />tion of liability in a contract or <br />agreement. This exclusion does not <br />apply to liability for damages that <br />the vendor would have in the ab- <br />sence of the contract or agreement; <br />(b) Any express warranty unauthorized <br />by you; <br />(c) Any physical or chemical change in <br />the product made intentionally by <br />the vendor; <br />(d) Repackaging, unless unpacked solely <br />for the purpose of inspection, dem- <br />onstration, testing, or the substi- <br />tution of parts under instructions <br />from the manufacturer, and then re- <br />packaged in the original container; <br />(e) Any failure to make such in- <br />spections, adjustments, tests or ser- <br />vicing as the vendor has agreed to <br />make or normally undertakes to <br />make in the usual course of busi- <br />ness, in connection with the distrib- <br />ution or sale of the products; <br />(f) Demonstration, installation, servic- <br />ing or repair operations, except such <br />operations performed by the vendor <br />in full compliance with the man- <br />ufacturer's written instructions at the <br />vendor's premises in connection <br />with the sale of the product; <br />(g) Products which, after distribution <br />or sale by you, have been labeled or <br />relabeled or used as a container, part <br />or ingredient of any other thing or <br />substance by or for the vendor; or <br />(h) Bodily injury or property damage <br />arising out of the liability of the <br />vendor for its own acts or omissions <br />or those of its employees or anyone <br />else acting on its behalf. <br />(2) This insurance does not apply to any in- <br />sured person or organization from whom <br />you have acquired such products or any <br />ingredient, part or container, entering <br />into, accompanying or containing such <br />products; <br />(3) The most we will pay is the lesser of ei- <br />ther the amount of insurance available <br />under the applicable Limits of Insurance <br />shown in the Declarations or the limits <br />of insurance required by the contract or <br />agreement; and <br />(4) The insurance afforded to such vendor <br />only applies to the extent permitted by <br />law. <br />4. Additional Insured - Limited Primary and Non- <br />contributory Provision <br />The following is added as a second paragraph to <br />Section IV Conditions, Condition 4. Other Insur- <br />ance, following paragraph b.(2): <br />However, if you have added any person, organiza- <br />tion or vendor of yours as an additional insured to <br />this policy by way of this MultiCover 40 endorse- <br />ment and have agreed in a written insured contract <br />that this insurance is primary and non-contribu- <br />tory with other insurance available to that addi- <br />tional insured, this insurance is primary and we <br />will not seek contribution from such additional <br />insured's other insurance, provided that the addi- <br />tional insured is a Named Insured under such <br />other insurance. <br />CG71931-14 <br />Copyright 2013, Fireman's Fund Insurance Company, Novato, CA. All rights res rve <br />Includes copyrighted material of Insurance ServicesCffce, Inc., with its permission. <br />Page 3 of 7 <br />
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