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T-MOBILE WEST CORPORATION - 2010
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T-MOBILE WEST CORPORATION - 2010
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Last modified
5/31/2016 4:02:24 PM
Creation date
8/10/2010 12:29:49 PM
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Contracts
Company Name
T-MOBILE WEST CORPORATION
Contract #
A-2010-133
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
7/19/2010
Expiration Date
7/19/2020
Insurance Exp Date
1/1/2017
Destruction Year
2025
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b. Excess Insurance <br />(1) This insurance is excess over any of the <br />other insurance, whether primary, excess, <br />contingent or on any other basis: <br />(a) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or <br />similar coverage for "your work "; <br />(b) That is Fire insurance for premises <br />rented to the Additional Insured or <br />temporarily occupied by the Additional <br />Insured with permission of the owner; <br />(c) That is insurance purchased by the <br />Additional Insured to cover the <br />Additional Insured's liability as a <br />tenant for "property damage" to <br />premises rented to the Additional <br />Insured or temporarily occupied by the <br />Additional with permission of the <br />owner: or <br />(d) If the loss arises out of the <br />maintenance or use of aircraft, "autos" <br />or watercraft to the extent not subject <br />to Exclusion g. of SECTION I — <br />COVERAGE A — BODILY INURY <br />AND PROPERTY DAMAGE <br />LIABILITY. <br />(2) When this insurance is excess, we will <br />have no duty under Coverages A or B to <br />defend the insured against any "suit" if any <br />other insurer has a duty to defend the <br />insured against that "suit ". If no other <br />insurer defends, we will undertake to do <br />so, but we will be entitled to the insured's <br />rights against all those other insurers. <br />(3) When this insurance is excess over other <br />Insurance, we will pay only our share of <br />the amount of the loss, if any, that <br />exceeds the sum of: <br />(a) The total amount that all such other <br />insurance would pay for the loss in the <br />ab ce of this insurance; and <br />he total of all deductible and self <br />`�✓\ ��ce;Irsuranncemounts under all that other <br />{c will share the remaining loss, if any, <br />with any other insurance that is not <br />G described in this Excess Insurance <br />provision and was not bought specifically <br />to apply in excess of the Limits of <br />Insurance shown in the Declarations of <br />this Coverage Part. <br />RHQ A523401 01 5102243 <br />insurer contributes equal amounts until it has <br />paid its applicable limit of insurance or none of <br />the loss remains, whichever comes first. If any <br />of the other insurance does not permit <br />contribution by equal shares, we will contribute <br />by limits. Under this method, each insurer's <br />share is based on the ratio of its applicable <br />limit of insurance to the total applicable limits <br />of insurance of all insurers <br />3. Blanket Waiver of Subrogation <br />The following is added to SECTION IV — <br />COMMERCIAL GENERAL LIABILITY <br />CONDITIONS, Paragraph 8. Transfer Of Rights <br />Of Recovery Against Others To Us: <br />We waive any right of recovery we may have <br />against any person or organization with whom you <br />have a written contract that requires such waiver <br />because of payments we make for damage under <br />this coverage form. The damage must arise out of <br />your activities under a written contract with that <br />person or organization. This waiver applies only to <br />the extent that subrogation is waived under a <br />written contract executed prior to the "occurrence' <br />or offense giving rise to such payments. <br />4. Bodily Injury Redefined <br />SECTION V — DEFINITIONS, Definition 3. "bodily <br />injury" is replaced by the following: <br />3. "Bodily injury" means bodily injury, sickness or <br />disease sustained by a person including death <br />resulting from any of these at any time. "Bodily <br />injury' includes mental anguish or other <br />mental injury resulting from "bodily injury'. <br />5. Broad Form Property Damage — Borrowed <br />Equipment, Customers Goods, Use of <br />Elevators <br />a. SECTION I — COVERAGES, COVERAGE A — <br />BODILIY INJURY AND PROPERTY <br />DAMAGE LIABILITY, Paragraph 2. <br />Exclusions subparagraph j. is amended as <br />follows: <br />Paragraph (4) does not apply to "property <br />damage" to borrowed equipment while at a <br />jobsite and not being used to perform <br />operations. <br />Paragraphs (3), (4) and (6) do not apply to <br />"property damage" to "customers goods" while <br />on your premises nor do they apply to the use <br />of elevators at premises you own, rent, lease <br />or occupy. <br />b. The following is added to SECTION V — <br />DEFINTIONS: <br />c. Method Of Sharing 24. "Customers goods" means property of <br />If all of the other insurance permits your customer on your premises for the <br />contribution by equal shares, we will follow this purpose of being: <br />method also. Under this approach each <br />421 -2915 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 <br />
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