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CLA-VAL (GRISWOLD INDUSTRIES)
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Last modified
8/26/2024 5:37:40 PM
Creation date
8/26/2024 4:18:50 PM
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Contracts
Company Name
CLA-VAL (GRISWOLD INDUSTRIES)
Contract #
A-2024-117
Agency
Public Works
Council Approval Date
8/6/2024
Expiration Date
8/5/2027
Insurance Exp Date
4/1/2025
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expenses, settlements or judgments, <br />whether or not they are in excess of the <br />"self -insured retention". <br />b. For amounts in excess of the "self -insured <br />retention": <br />(1) If you or any insured elects to appeal, and <br />such appeal is with our consent, then we <br />shall be liable for any additional <br />expenses, settlements or judgments to <br />which this policy applies. <br />(2) If you or any insured elect to appeal, and <br />such appeal is without our consent, then <br />we shall not be liable for any additional <br />expenses, settlements orjudgments. <br />(3) If you or any insured elect not to appeal a <br />judgment, then we may, at our option, <br />make such appeal at our cost and <br />expense, and we shall be liable for any <br />additional expenses, settlements or <br />judgments to which this policy applies. <br />We will in no event be obligated to post or obtain <br />any appeal bond, but we will pay for the cost of <br />such a bond obtained by the insured on appeals <br />we consent to, and taxable costs, disbursements <br />and interest incidental thereto. <br />SECTION V - DEFINITIONS <br />1. "Advertisement" means the widespread public <br />dissemination of information or images that has <br />the purpose of inducing the sale of goods, <br />products or services through: <br />a. (1) Radio; <br />(2) Television; <br />(3) Billboard; <br />(4) Magazine; <br />(5) Newspaper, or <br />b. Any other publication that is given widespread <br />public distribution. <br />However, "advertisement" does not include: <br />a. The design, printed material, information or <br />images contained in, on or upon the <br />packaging or labeling of any goods or <br />products; or <br />b. An Interactive conversation between or <br />among persons through a computer network. <br />2. "Advertising idea" means any idea for an <br />"advertisement". <br />3. "Aircraft" includes but is not limited to heavier- <br />than-air flying vehicles, helicopters, gliders, <br />missiles or spacecraft. <br />4. "Aircraft products" means "aircraft" and any other <br />goods or products manufactured, said, handled or <br />distributed or services provided or recommended <br />by the insured or by others trading under his or <br />her name for use in the manufacture, repair, <br />operation, maintenance or use of any "aircraft". <br />"Alroraft products" Includes: <br />a. Warranties or representations made at any <br />time with respect to the fitness, quality, <br />durability, performance or use of "aircraft <br />products"; and <br />b. The providing of or failure to provide warnings <br />or instructions. <br />5 "Asbestos hazard" means an exposure or threat <br />of exposure to the actual or alleged properties of <br />asbestos and includes the more presence of <br />asbestos in any form. <br />6. "Auto" means a land motor vehicle, trailer or <br />semitrailer designed for travel on public roads, <br />including any attached machinery or equipment. <br />But "auto" does not include "mobile equipment". <br />7. "Bodily injury" means physical: <br />a. Injury; <br />b. Sickness; or <br />c. Disease <br />sustained by a person and, If arising out of the <br />above, mental anguish or death at any time. <br />III. "Claim expenses" means: <br />a. All expenses incurred by or on behalf of you <br />or any other insured with our written consent; <br />and <br />b. All expense Incurred by us on behalf of you or <br />any other Insured, if we assume control of the <br />defense pursuant to paragraph 1.c of the <br />Insuring Agreement. <br />But "claim expenses" include only those expenses <br />incurred in the investigation or defense of claims <br />or "suita". The following are not "claim expenses": <br />(1) Claim fees paid to your or any other insured's <br />claim servicing agency; <br />(2) Any expenses associated with appeals made <br />by you or any other insured without our <br />consent for judgments or settlements, whether <br />greater or lesser than the amount of the "self - <br />insured retention"; <br />(3) Salaries of your "employees", any other <br />insured's "employees", and our "employees", <br />except the costs and expenses of our staff <br />defense counsel and legal assistants; or <br />(4) Damages. <br />9. "Coverage territory" means: <br />a. The United States of <br />territories and posse, tv"I ntin"ga �nw� <br />Canada; �riEVi DSAPPROVm BY: <br />A+.4 A <br />®' Risk Management Speaalm <br />Form EH 00 02 06 05 <br />
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