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ESENTIRE, INC.
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Last modified
4/30/2025 4:30:29 PM
Creation date
4/30/2025 4:29:58 PM
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Contracts
Company Name
ESENTIRE, INC.
Contract #
A-2025-040
Agency
Information Technology
Council Approval Date
4/15/2025
Expiration Date
4/14/2028
Insurance Exp Date
1/31/2026
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TRAVOLER57' <br /> b. If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any <br /> person or organization, we waive our right of recovery against such person or organization, but only for <br /> payments we make because of: <br /> (1) "Bodily injury"or"property damage" caused by an "occurrence"that takes place; or <br /> (2) "Personal injury" or"advertising injury" caused by an offence that is committed; <br /> subsequent to the execution of the contract or agreement. <br /> SECTIONDEFINITIONS <br /> 1. "Action" means a civil proceeding that seeks "compensatory damages" because of"bodily injury", "property <br /> damage", "personal injury" or"advertising injury". "Action" includes: <br /> a. An arbitration proceeding that seeks such "compensatory damages" and to which the insured must <br /> submit or submits with our consent; and <br /> b. Any other alternative dispute resolution proceeding that seeks such "compensatory damages" and to <br /> which the insured submits with our consent. <br /> 2. "Advertisement" means a notice that is broadcast or published to the general public or specific market <br /> segments about your goods, products or services for the purpose of attracting customers or supporters. For <br /> the purposes of this definition: <br /> a. Notices that are published include material placed on the Internet or on other electronic means of <br /> communication; and <br /> b. Regarding websites, only that part of a website that is about your goods, products or services for the <br /> purpose of attracting customers or supporters is considered an advertisement. <br /> 3. "Advertising injury": <br /> a. Means injury, other than"personal injury", caused by one or more of the following offences: <br /> (1) Oral or written publication, including publication by electronic means, of material in your <br /> "advertisement" that slanders or libels a person or organization or disparages a person's or <br /> organization's goods, products or services, provided that the claim is made or the "action" is brought <br /> by a person or organization that claims to have been slandered or libeled, or that claims to have had <br /> its goods, products or services disparaged; <br /> (2) Oral or written publication, including publication by electronic means, of material in your <br /> "advertisement"that violates a person's right of privacy; <br /> (3) The use of another's advertising idea in your"advertisement"; or <br /> (4) Infringing upon another's copyright, trade dress, "title" or "slogan" in your "advertisement", provided <br /> that the claim is made or the "action" is brought by a person or organization that claims ownership of <br /> such copyright, trade dress, "title"or"slogan". <br /> b. Includes"bodily injury" caused by one or more of the offences described in Paragraph a.above. <br /> 4. "Automobile" means a land motor vehicle, trailer or semitrailer that is required by law to be insured under a <br /> contract evidenced by a motor vehicle liability policy, or any vehicle insured under such a contract, including <br /> any attached machinery or equipment. <br /> 6. "Bodily injury"means: <br /> a. Physical harm, including sickness or disease, sustained by a person; or <br /> b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, <br /> sickness or disease. <br /> 6. "Broadcasting" means transmitting any audio or visual material for any purpose: <br /> a. By radio or television; or <br /> b. In, by or with any other electronic means of communication, such as the Internet, if that material is part of: <br /> (1) Radio or television programming being transmitted; <br /> GL1070CF(03-13) Commercial General Liability Coverage Form Page 24 of 30 <br /> ©2011 The Travelers Indemnity Company.All rights reserved,includes copyrighted material of Insurance Services office,Inc,with its permission, <br /> GMJNWCEV <br /> Page 5 of 10 <br />
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