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ELMT CONSULTING, INC.
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Last modified
4/9/2024 10:47:16 AM
Creation date
4/9/2024 10:26:39 AM
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Contracts
Company Name
ELMT CONSULTING, INC.
Contract #
A-2023-194-11
Agency
Planning & Building
Council Approval Date
11/7/2023
Expiration Date
11/7/2028
Insurance Exp Date
2/1/2025
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Notice of an "occurrence" or of an offense which <br />may result in a claim must be given as soon as <br />practicable after knowledge of the "occurrence" or <br />offense has been reported to you, one of your <br />"executive officers" (if you are a corporation), one of <br />your partners who is an individual (if you are a <br />partnership), one of your managers (if you are a <br />limited liability company), one of your trustees who is <br />an individual (if you are a trust), or an "employee" <br />(such as an insurance, loss control or risk manager <br />or administrator) designated by you to give such <br />notice. <br />Knowledge by any other "employee" of an "occur- <br />rence" or offense does not imply that you also have <br />such knowledge. <br />Notice of an "occurrence" or of an offense which <br />may result in a claim will be deemed to be given as <br />soon as practicable to us if it is given in good faith as <br />soon as practicable to your workers' compensation, <br />accident, or health insurer. This applies only if you <br />subsequently give notice of the "occurrence" or <br />offense to us as soon as practicable after you, one <br />of your "executive officers" (if you are a corporation), <br />one of your partners who is an individual (if you are <br />a partnership), one of your managers (if you are a <br />limited liability company), one of your trustees who is <br />an individual (if you are a trust), or an "employee" <br />(such as an insurance, loss control or risk manager <br />or administrator) designated by you to give such <br />notice discovers that the "occurrence" or offense <br />may involve this policy. <br />O. Amended Bodily Injury Definition <br />The definition of "bodily injury' in Section II F.3. <br />Liability And Medical Expenses Definitions is <br />deleted and replaced by the following: <br />"Bodily injury' means injury to the body, sickness, <br />disease, or death. "Bodily injury' also means mental <br />injury, mental anguish, emotional distress, pain and <br />suffering, or shock resulting from injury to the body, <br />sickness, disease or death of any person. <br />P. Amended Insured Contract Definition — <br />Construction Or Demolition Operations Within <br />50' Of Railroad <br />1. The definition of "insured contract" in Section II <br />F.9.c. Liability And Medical Expenses Defi- <br />nitions is deleted and replaced by the following: <br />c. Any easement or license agreement <br />2. The definition of "insured contract" in Section 11 <br />F.91(1) Liability And Medical Expenses <br />Definitions is deleted. <br />3. The insurance provided by this provision shall <br />be excess over any valid and collectible Railroad <br />Protective Liability insurance available to an <br />insured , whether primary, excess, contingent or <br />on any other basis, except for the insurance <br />purchased specifically by you to apply in excess <br />of the Limits of Insurance shown in the <br />declarations for this Coverage Part. <br />Q. Amended Personal And Advertising Injury <br />Definition — Electronic Material <br />1. The definition of "personal and advertising <br />injury' in Section II F.14.d. Liability And <br />Medical Expenses Definitions is deleted and <br />replaced by the following: <br />d. Oral, written or electronic publication, in any <br />manner, of material that slanders or libels a <br />person or organization or disparages a <br />person's or organization's goods, products <br />or services; <br />2. The definition of "personal and advertising <br />injury' in Section II F.14.e. Liability And <br />Medical Expenses Definitions is deleted and <br />replaced by the following: <br />e. Oral, written or electronic publication, in any <br />manner, of material that violates a person's <br />right of privacy; <br />3. Section II BA.p.(2) Exclusions for Personal <br />And Advertising Injury is deleted and replaced <br />by the following: <br />(2) Arising out of oral, written or electronic <br />publication of material if done by or at the <br />direction of the insured with knowledge of its <br />falsity; <br />4. Section II B.1.p.(2) Exclusions for Personal <br />And Advertising Injury is deleted and replaced <br />by the following: <br />(3) Arising out of oral, written or electronic pub- <br />lication of material whose first publication <br />took place before the beginning of the policy <br />period; <br />R. Unintentional Omission <br />The following is added to SECTION III — COMMON <br />POLICY CONDITIONS Paragraph C. Concealment, <br />Misrepresentation Or Fraud (BUT APPLICABLE <br />ONLY TO SECTION II — LIABILITY) <br />However as it pertains to Business Liability Cover- <br />age only, the unintentional omission of, or uninten- <br />tional error in, any information provided by you <br />which we relied upon in issuing this policy shall not <br />prejudice your rights under this insurance. This pro- <br />vision does not affect <br />premium or to exercise FiskMWcg=adDMdcn <br />nonrenewal in accordai REmeAW 6APPROV Br <br />laws or regulations. <br />RM Management specialist <br />PPB 316 11 13 <br />
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