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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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Last modified
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 L.IABILi'i'y COVERAGE FORM <br />Insured — State Or Political Subdivision - e) Any failure to make such <br />Permits, but only wit0 respect to Inspections, adjustments, tests or <br />operations performed by you or on your servicing as the vendor has agreed <br />behalf for which the state or political to make or normally undertakes to <br />subdivision has issued a permit, make in the usual course of <br />b. With respect to the insurance afforded to business, in connection with the <br />these additional insureds, the following distribution or sale of the products; <br />additional exclusions apply: f) Demonstration, installation, <br />This insurance does not apply to: servicing or repair operations, <br />except such operations performed <br />1 "Bodily injury", "property damage" or at the vendor's premises in <br />personal and advertising injury" connection with the sale of the <br />arising out ofoperations performed for product; <br />the state or municipality; or <br />g) which, after on <br />2) "Bodily injury" or "property damage" or saleor leedyou, have been labeledbbeen <br />included in the "product -completed or relabeled usedb a <br />operations" hazard. container, part or ingredient of anyriof <br />7. Additional Insured —Vendors other thing or substance by or for <br />a. WHO IS AN INSURED under Section C. is the vendor; or <br />amended to include as an additional h) "Bodily injury' or 'property <br />insured the person(s) or organization(s) damage" arising out of the sole <br />referred to below as vendor) shown in the negligence of the vendor for its <br />Declarations as an Additional Insured - own acts or omissions or those of <br />Vendor, but only with respect to "bodily its employees or anyone else <br />Injury" or "property damage" arising out of acting on its behalf. However, this <br />your products" which are distributed or exclusion does not apply to: <br />sold in the regular course of the vendor's O The exceptions contained in <br />business and only if this Coverage Part Subparagraphs (d) or (f); or <br />provides coverage for "bodily Injury" or <br />property <br />I) Such inspections, damage" included within the <br />products -completed operations hazard". adjustments, tests or servicing <br />as the vendor has agreed to <br />b. The insurance afforded to the vendor is make r normally undertakes <br />subject to the following additional exclusions: to makeein othee uusual cqurse of <br />1) This insurance does not apply to: business, in connection with <br />a) 'Bodily injury" or "property the distribution or sale of the <br />damage" for which the vendor is products, <br />obligated to pay damages by 2) This insurance does not apply to any <br />reason of the assumption of insured person or organization from <br />liability in a contract or agreement, whom you have acquired such <br />This exclusion does not apply to products, or any ingredient, part or <br />liability for damages that the container, entering into, <br />vendor would have in the absence accompanying or containing such <br />of the contract or agreement; products. <br />b) Any express warranty 8. Additional Insured — Controlling Interest <br />unauthorized by your, WHO IS AN INSURED under Section C. is <br />c) Any physical or chemical change amended to include as an additional insured <br />in the product made intentionally <br />by the vendor; <br />theP rso organization(s) shown in the <br />li % an Additional Insured — <br />d) Repackaging, unless unpacREVV) <br />EV tro ling Interest, but only with respect to <br />solely for the purpose of inspection, their liability arising o t of: arising <br />demonstration, testing, or the it f' of you; or <br />substitution of pas uq rYEli YS e ey own, maintain or control <br />instructions from the manufactu'ree, while you lease or occupy these premises. <br />and then repackaged in the original <br />container; <br />Form SS 00 08 04 05 Page 19 of 24
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