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Item 20 - Amend Agreement for Water System Modeling Software
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11/21/2023 Regular
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Item 20 - Amend Agreement for Water System Modeling Software
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11/29/2023 3:15:42 PM
Creation date
11/29/2023 2:19:16 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20
Date
11/21/2023
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BUSINESS LIABILITY COVERAGE FORM <br />This Paragraph f. applies separately to <br />you and any additional insured. <br />3. Financial Responsibility Laws <br />a. When this policy is certified as proof of <br />financial responsibility for the future under <br />the provisions of any motor vehicle <br />financial responsibility law, the insurance <br />provided by the policy for "bodily injury" <br />liability and "property damage" liability will <br />comply with the provisions of the law to <br />the extent of the coverage and limits of <br />insurance required by that law. <br />b. With respect to "mobile equipment" to <br />which this insurance applies, we will <br />provide any liability, uninsured motorists, <br />underinsured motorists, no-fault or other <br />coverage required by any motor vehicle <br />law. We will provide the required limits for <br />those coverages. <br />4. Legal Action Against Us <br />No person or organization has a right under <br />this Coverage Form: <br />a. To join us as a party or otherwise bring us <br />into a "suit' asking for damages from an <br />insured; or <br />b. To sue us on this Coverage Form unless <br />all of its terms have been fully compiled <br />with. <br />A person or organization may sue us to recover <br />on an agreed settlement or on a final judgment <br />against an insured; but we will riot be liable for <br />damages that are not payable under the terms of <br />this insurance or that are in excess of the <br />applicable limit of insurance. An agreed <br />settlement means a settlement and release of <br />liability signed by us, the insured and the <br />claimant or the claimant's legal representative. <br />3) We have issued this policy in reliance <br />upon your representations. <br />b. Unintentional Failure To Disclose <br />Hazards <br />If unintentionally you should fail to disclose <br />all hazards relating to the conduct of your <br />business at the inception date of this <br />Coverage Part, we shall not deny any <br />coverage under this Coverage Part <br />because of such failure. <br />7. Other Insurance <br />If other valid and collectible insurance is <br />available for a loss we cover under this <br />Coverage Part, our obligations are limited as <br />follows: <br />a. Primary Insurance <br />This insurance is primary except when b. <br />below applies. If other insurance is also <br />primary, we will share with all that other <br />insurance by the method described in c. <br />below. <br />b. Excess Insurance <br />This insurance is excess over any of the <br />other insurance, whether primary, excess, <br />contingent or on any other basis: <br />1) Your Work <br />That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or <br />similar coverage for "your work"; <br />2) Premises Rented To You <br />That is fire, lightning or explosion <br />insurance for premises rented to you <br />or temporarily occupied by you with <br />permission of the owner; <br />3) Tenant Liability <br />5. Separation Of Insureds That is insurance purchased by you to <br />Except with respect to the Limits of Insurance, cover your liability as a tenant for <br />and any rights or duties specifically assigned "property damage" to premises rented <br />in this policy to the first Named Insured, this to you or temporarily occupied by you <br />insurance applies: <br />with permission of the owner; <br />a. As if each Named Insured wer qI <br />rcraft, Auto Or Watercraft <br />Named Insured; and WED tine loss arises out of the maintenance <br />b. Separately to each insured against w <br />or use of aircraft, "autos" or watercraft to <br />a claim is made or "suit" is brought. <br />f t nt riot subject to Exclusion g. of <br />c } /F A.—Coverages, <br />6. Representations P, r i ( <br />5) Property Damage To Borrowed <br />a. When You Accept This Policy Equipment Or Use Of Elevators <br />By accepting this policy, you agree: If the loss arises out of "property <br />1) The statements in the Declarations damage" to borrowed equipment or <br />are accurate and complete; the use of elevators to the extent not <br />2) Those statements are based upon subject to Exclusion k. of Section A. — <br />representations you made to us; and Coverages. <br />Page 16 of 24 Form SS 00 08 04 05
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