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HARPER & ASSOCIATES 1 - 2004
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HARPER & ASSOCIATES 1 - 2004
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Last modified
1/3/2012 2:55:11 PM
Creation date
6/9/2004 3:31:59 PM
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Template:
Contracts
Company Name
Harper & Associates Engineering Inc.
Contract #
A-2004-074
Agency
Public Works
Council Approval Date
4/19/2004
Expiration Date
12/31/2005
Insurance Exp Date
6/24/2008
Destruction Year
2010
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' ~~~ <br />C. GENERAL CONDITlpNS - Auties In The <br />Event of Occurrence, Offense, Claim or Suit <br />(section E,2) of the Business Liability <br />Coverage Form is amended to add the <br />following: <br />An additional insured under this endorsement <br />will as soon as practicable; <br />1. Give written notice of an occurrence or an <br />offense to uS which may result in a claim or <br />'suit" under this insumnce; <br />2. Tender the defense and indemnity of any <br />claim or `suit" to us for a loss we cover <br />under this Coverage Part; <br />I, 3. lender the defense and indemnity of any <br />Gaim oc 'suit" to any other insurer which <br />also has insurance for a loss we cover <br />under this Coverage Part; and <br />4. Agree to make available any other <br />insurance which the additional insured <br />We have no duty to defend or indemnify an <br />additional insured under this endorsement until <br />we receive written notice of a claim or `suit" <br />from the additional insured. <br />O. OTHER INSURANCE (Section H. 2 & 3} of the <br />Common Policy Conditions are deleted and <br />replaced with the following: <br />2. This insurance is excess over any other <br />insurance naming the additional insured as <br />an Insured whether primary, excess, <br />contingent or on any other basis unless a <br />written contract or written agreement <br />specifically requires that this insurance be <br />either primary or primary and <br />noncontributing to the additional lnsured's <br />own coverage. This insurance is excess <br />over any other Insurance tv which the <br />additional insured has been added es an <br />additional insured by endorsement. <br />3. When this insurance is excess, we will <br />have no duty under Coverages A or B to <br />defend the additional insured against any <br />`suit" if any other insurer has a duty to <br />defend the additional insured against that <br />"suit." If no other insurer defends, we will <br />undertake to do so, buf we will be entitled <br />to the additional insured's rights against all <br />those other insurers. <br />When this insurance is excess over other <br />insurance, we will pay only our share of the <br />amount of the lass, If any, that exceeds the <br />sum of: <br />{a) The total amount that ail such other <br />insurance would pay for the loss in <br />the absence of this insurance; and <br />{b) The total of all deductible and self- <br />insured amounts under ail that <br />other insurance. <br />We will share the remaining loss, if any, <br />with any other insurance that is not <br />described In this Excess Insurance <br />provision and was not bought specifically to <br />apply in excess of the Limils of Insurance <br />shown in the DeGarations of this Coverage <br />Part. <br />E. TRANSFER OF RIGHTS OF RECOVERY <br />AGAINST OTHERS TO US (Section J.2) <br />of the Common Policy Conditions is <br />deleted and replaced with the following: <br />2. We waive arty right of recovery we may <br />have against any person or <br />organization against whom you have <br />agreed to waive such right of recovery <br />in a written contract or agreement <br />because of payments we make for <br />injury Of damage arising out of your <br />ongoing operations or "your work" done <br />under a contract with that person or <br />organization and included within the <br />"products-completed operations <br />hazard." <br />,1 f'I~RrJ V l;: ? ,".;; TO FORM <br />-~~,_. <br />Asst.:.;. _~~. ,u,., .:~ <br />G-123127-B <br />rFn +~m~~ <br />Page 2 of 2 <br />
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