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PCA ARBORISTS & CONSULTANTS, INC. DBA PACIFIC COAST HORTICULTIST
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Last modified
7/31/2024 8:32:52 AM
Creation date
5/17/2024 10:36:18 AM
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Contracts
Company Name
PCA ARBORISTS & CONSULTANTS, INC. DBA PACIFIC COAST HORTICULTIST
Contract #
A-2024-007-04
Agency
Public Works
Council Approval Date
1/16/2024
Expiration Date
1/31/2027
Insurance Exp Date
5/17/2025
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N. BLANKET WAIVER OF SUBROGATION <br />The following is added to Section IV -Commercial General Liability Conditions: <br />Waiver of Subrogation <br />We waive any right of recovery we may have against any person or organization because of <br />payments we make for injury or damage arising out of premises owned or occupied or rented <br />or loaned to you; ongoing operations performed by you or on your behalf, done under a <br />contract with that person or organization; "your work"; or "your products". We waive this right <br />where you have agreed to do so as part of a written contract, executed by you prior to loss. <br />O. INCIDENTAL MEDICAL MALPRACTICE INJURY <br />1. For insurance applicable to this Article O, the definition of "bodily injury" in Section V - <br />Definitions is amended to include, "Incidental Medical Malpractice Injury". <br />2. The following definition is added to Section V- Definitions: <br />"Incidental medical malpractice injury" means "bodily injury", mental anguish, sickness or <br />disease sustained by a person, including death resulting from any of these at any time, <br />arising out of the rendering of, or failure to render, the following services: <br />a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or <br />instruction, or the related furnishing of food or beverages; <br />b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or <br />appliances; <br />c. First aid; or <br />d. "Good Samaritan Services". As used in this Article O., "Good Samaritan Services" are <br />those medical services rendered or provided in an emergency and for which no <br />remuneration is demanded or received. <br />3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered <br />nurse, licensed practical nurse, emergency medical technician or paramedic employed by <br />you, but only while performing the services described in Paragraph 2. above and while <br />acting within the scope of their employment by you. Any "employees" rendering "Good <br />Samaritan Services" will be deemed to be acting within the scope of their employment by <br />you. <br />4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A. — Bodily <br />Injury And Property Damage Liability of Section I — Coverages: <br />[This insurance does not apply to:) <br />Willful Violation of Penal Statute <br />Liability arising out of the willful violation of a penal statute or ordinance relating to the <br />sale of pharmaceuticals by or with the knowledge or consent of the insured. <br />5. For the purposes of determining the applicable Limits of Insurance, any act or omission, <br />together with all related acts or omissions in the furnishing of services described in <br />Paragraph 2.a. through 2.d. above to any one person, will be considered one "occurrence". <br />6. This Article O. does not apply if you are in the business or occupation of providing any of <br />the services described in Paragraph 2. above. <br />Form XIL 436 1208 © 2008, XL America, Inc. <br />Includes copyrighted material of Insurance Services Office, Inc., with its perm <br />Risk ManagmumtDMsian <br />REVIEWED &/APPROVED BY. <br />R Aczv44 <br />®Wl Risk Management Specialist <br />
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