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BURKE WILLIAMS SORENSON LLP (2)
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Last modified
9/13/2022 9:42:14 AM
Creation date
1/6/2022 4:06:55 PM
Metadata
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Template:
Contracts
Company Name
BURKE WILLIAMS SORENSON LLP
Contract #
A-2021-268
Agency
Human Resources
Council Approval Date
12/21/2021
Expiration Date
6/30/2024
Destruction Year
2029
Notes
CTrax
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settlements under Coverages A or B or <br />medical expenses under Coverage C. <br />No other obligation or liability to pay sums or <br />perform acts or services is covered unless <br />explicitly provided for under Supplementary <br />Payments - Coverages A and B. <br />b. This insurance applies to "personal and <br />advertising injury" caused by an offense <br />arising out of your business but only if the <br />offense was committed in the "coverage <br />territory" during the policy period. <br />2. Exclusions <br />This insurance does not apply to: <br />a. Knowing Violation Of Rights Of Another <br />"Personal and advertising injury" arising out of <br />an offense committed by, at the direction or <br />with the consent or acquiescence of the <br />insured with the expectation of inflicting <br />"personal and advertising injury". <br />b. Material Published With Knowledge Of <br />Falsity <br />"Personal and advertising injury" arising out of <br />oral, written or electronic publication, in any <br />manner, of material, if done by or at the <br />direction of the insured with knowledge of its <br />falsity. <br />c. Material Published Prior To Policy Period <br />"Personal and advertising injury" arising out of <br />oral, written or electronic publication, in any <br />manner, of material whose first publication <br />took place before the beginning of the policy <br />period. <br />d. Criminal Acts <br />"Personal and advertising injury" arising out of <br />a criminal act committed by or at the direction <br />of the insured. <br />e. Contractual Liability <br />"Personal and advertising injury" for which the <br />insured has assumed liability in a contract or <br />agreement. This exclusion does not apply to <br />liability for damages that the insured would <br />have in the absence of the contract or <br />agreement. <br />f. Breach Of Contract <br />"Personal and advertising injury" arising out of a <br />breach of contract, except an implied contract to <br />use anothers "advertising idea" in your <br />"advertisement". <br />g. Quality Or Performance Of Goods - Failure <br />To Conform To Statements <br />"Personal and advertising injury" arising out of <br />the failure of goods, products or services to <br />conform with any statement of quality or <br />performance made in your "advertisement". <br />HG 00 01 09 16 <br />h. Wrong Description Of Prices <br />"Personal and advertising injury" arising out of <br />the wrong description of the price of goods, <br />products or services. <br />i. Infringement Of Intellectual Property <br />Rights <br />(1) "Personal and advertising injury" arising <br />out of any actual or alleged infringement <br />or violation of any intellectual property <br />rights such as copyright, patent, <br />trademark, trade name, trade secret, trade <br />dress, service mark or other designation <br />of origin or authenticity; or <br />(2) Any injury or damage alleged in any clam <br />or "suit" that also alleges an infringement <br />or violation of any intellectual property <br />right, whether such allegation of <br />infringement or violation is made by you or <br />by any other party involved in the claim or <br />"suit", regardless of whether this <br />insurance would otherwise apply. <br />However, this exclusion does not apply if the <br />only allegation in the claim or "suit" involving <br />any intellectual property right is limited to: <br />(1) Infringement, in your "advertisement", of: <br />(a) Copyright; <br />(b) Slogan; or <br />(c) Title of any literary or artistic work; or <br />(2) Copying, in your "advertisement", a <br />person's or organization's "advertising <br />idea" or style of "advertisement". <br />Insureds In Media And Internet Type <br />Businesses <br />"Personal and advertising injury" committed <br />by an insured whose business is: <br />(1) Advertising, broadcasting, publishing or <br />telecasting; <br />(2) Designing or determining content of web <br />sites for others; or <br />(3) An Internet search, access, content or <br />service provider. <br />However, this exclusion does not apply to <br />Paragraphs a., b. and c. of the definition of <br />"personal and advertising injury" under the <br />Definitions Section. <br />For the purposes of this exclusion, the placing <br />of frames, borders or links, or advertising, for <br />you or others anywhere on the Internet, is not <br />by itself, considered the business of <br />advertising, broadcasting, publishing or <br />telecasting. <br />k. Electronic Chatrooms Or Bulletin Boards <br />"Personal and advertisinc <br />an electronic chatroom t <br />%��n,l,ug`K RkviEwso Rov®ar <br />'' Pn.4.t"' Pam. v: &f "l <br />'® Risk Management Analyst <br />
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