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ECOTIERRA CONSULTING, INC.
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ECOTIERRA CONSULTING, INC.
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Last modified
9/4/2024 4:58:25 PM
Creation date
4/30/2024 11:59:06 AM
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Contracts
Company Name
ECOTIERRA CONSULTING, INC.
Contract #
A-2023-194-17
Agency
Planning & Building
Council Approval Date
11/7/2023
Expiration Date
11/7/2028
Insurance Exp Date
8/2/2025
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2. Exclusions <br />This insurance does not apply to: <br />a. Expected Or Intended Injury <br />"Bodily injury" or "property damage" expected <br />or intended from the standpoint of the <br />insured. This exclusion does not apply to <br />"bodily injury" resulting from the use of <br />reasonable force to protect persons or <br />property. <br />b. Contractual Liability <br />"Bodily injury" or "property damage" for which <br />the insured is obligated to pay damages by <br />reason of the assumption of liability in a <br />contract or agreement. This exclusion does <br />not apply to liability for damages: <br />(1) That the insured would have in the <br />absence of the contract or agreement; or <br />(2) Assumed in a contract or agreement that <br />is an "insured contract", provided the <br />"bodily injury" or "property damage" <br />occurs subsequent to the execution of the <br />contract or agreement. Solely for the <br />purposes of liability assumed in an <br />"insured contract", reasonable attorneys' <br />fees and necessary litigation expenses <br />incurred by or for a party other than an <br />insured are deemed to be damages <br />because of "bodily injury" or "property <br />damage", provided: <br />(a) Liability to such party for, or for the <br />cost of, that party's defense has also <br />been assumed in the same "insured <br />contract"; and <br />(b) Such attorneys' fees and litigation <br />expenses are for defense of that party <br />against a civil or alternative dispute <br />resolution proceeding in which <br />damages to which this insurance <br />applies are alleged. <br />c. Liquor Liability <br />"Bodily injury" or "property damage" for which <br />any insured may be held liable by reason of: <br />(1) Causing or contributing to the intoxication <br />of any person; <br />(2) The furnishing of alcoholic beverages to a <br />person under the legal drinking age or <br />under the influence of alcohol; or <br />(3) Any statute, ordinance or regulation <br />relating to the sale, gift, distribution or use <br />of alcoholic beverages. <br />This exclusion applies even if the claims <br />against any insured allege negligence or <br />other wrongdoing in: <br />(a) The supervision, hiring, employment, <br />training or monitoring of others by that <br />insured; or <br />(b) Providing or failing to provide <br />transportation with respect to any <br />person that may be under the influence <br />of alcohol; <br />if the "occurrence" which caused the "bodily <br />injury" or "property damage", involved that <br />which is described in Paragraph (1), (2) or (3) <br />above. <br />However, this exclusion applies only if you <br />are in the business of manufacturing, <br />distributing, selling, serving or furnishing <br />alcoholic beverages. For the purposes of this <br />exclusion, permitting a person to bring <br />alcoholic beverages on your premises, for <br />consumption on your premises, whether or <br />not a fee is charged or a license is required <br />for such activity, is not by itself considered the <br />business of selling, serving or furnishing <br />alcoholic beverages. <br />d. Workers' Compensation And Similar Laws <br />Any obligation of the insured under a workers' <br />compensation, disability benefits or <br />unemployment compensation law or any <br />similar law. <br />e. Employer's Liability <br />"Bodily injury" to: <br />(1) An "employee" of the insured arising out of <br />and in the course of: <br />(a) Employment by the insured; or <br />(b) Performing duties related to the <br />conduct of the insured's business; or <br />(2) The spouse, child, parent, brother or sister <br />of that "employee" as a consequence of <br />Paragraph (1) above. <br />This exclusion applies whether the insured <br />may be liable as an employer or in any other <br />capacity and to any obligation to share <br />damages with or repay someone else who <br />must pay damages because of the injury. <br />This exclusion does not apply to liability <br />assumed by the insured under an "insured <br />contract". <br />Page 2 of 16 © Insurance Services Office, Inc., 2012 <br />n.oRaN Risk Mouganad DlMsian <br />E <br />REVIEWED & APPROVED BY: <br />Risk Management Specialist <br />CG 00 01 04 13 <br />
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