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Last modified
11/25/2025 1:47:10 PM
Creation date
11/25/2025 1:46:30 PM
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Contracts
Company Name
KTUA (KTU&A, LLC)
Contract #
A-2025-188
Agency
Public Works
Council Approval Date
11/4/2025
Expiration Date
11/3/2026
Insurance Exp Date
9/1/2026
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Policy Number: AEC909023610 <br /> BERKLEY INSURANCE COMPANY <br /> 2. The each Claim limit shown in Item 3A of the Declarations is the most we will pay for the sum of all Damages and <br /> Claim Expenses arising out of any single Claim. Two or more Claims considered a single Claim shall collectively <br /> be subject to the each Claim limit of liability shown in Item 3A of the Declarations. <br /> 3. The each Claim limit is the most we will pay for the sum of all Damages and Claim Expenses arising out of any <br /> single Claim regardless of how many Insuring Agreements may apply to such Claim. <br /> 4. The Policy Year Aggregate limit shown in Item 313 of the Declarations is the most we will pay for the sum of all <br /> Damages and Claim Expenses for all Claims made and reported during each Policy Year. <br /> 5. The payment of Damages and Claim Expenses will reduce the each Claim limit. <br /> F. Deductible <br /> You must pay the Deductible for Claim Expenses and Damages covered by this Policy before we are obligated to <br /> make any payment under the each Claim limit. The Deductible must be paid from your own account, and payments by <br /> other parties or insurers on your behalf shall not satisfy the Deductible. We have the right to determine the <br /> reasonableness of Claim Expenses that qualify to satisfy the Deductible. The Deductible for each Claim is set forth <br /> in Item 4A of the Declarations. The Policy Year Aggregate Deductible shown in Item 413 of the Declarations is the most <br /> the Named Insured must pay as a Deductible for the sum of all Claims made and reported during each Policy Year. <br /> G. Deductible Credits <br /> 1. Mediation Credit: Your Deductible obligation may be reduced by 50%,subject to a maximum reduction of$15,000 <br /> if you agree with our decision to use Mediation and the Claim is fully and finally resolved by such Mediation. <br /> 2. Risk Management Credit Your Deductible obligation may be reduced by 50%,subject to a maximum reduction of <br /> $25,000 if prior to the report date of a Claim, there is a signed, written and enforceable agreement for the <br /> Professional Services involved in the Claim, and it includes a clause limiting your liability to$250,000 or less. <br /> 3. First Claim Deductible Credit If the first Claim you ever report to us is made against you: <br /> a. Greater than 24 months after the Knowledge Date shown on the Policy Declarations, then your Deductible <br /> obligation for that Claim may be reduced by 25%, subject to a maximum reduction of$40,000; or <br /> b. Greater than 36 months after the Knowledge Date shown on the Policy Declarations, then your Deductible <br /> obligation for that Claim may be reduced by 50%, subject to a maximum reduction of$40,000. <br /> If more than one Deductible Credit applies, your Deductible obligation will be reduced by 50%, subject to a maximum <br /> reduction of$50,000. <br /> H. Notice of Cancellation and Nonrenewal <br /> This Policy may be canceled by the Named Insured identified in the Declarations, by surrender of the Policy to us or <br /> our authorized representative or by giving us written notice stating when,thereafter,such cancellation shall be effective. <br /> We will not cancel this Policy except for nonpayment of premium, fraud or material misrepresentation in procuring this <br /> insurance or in relation to any Claim, or changes in law affecting this Policy. If we cancel this Policy, we will mail or <br /> deliver to the first Named Insured, on behalf of all Insureds,written notice of cancellation. We will provide you at least <br /> ten(10)days-notice before the effective date of cancellation if we cancel for nonpayment of premium. If we cancel for <br /> any other reason,we will provide at least sixty(60)days-notice before the effective date of cancellation. <br /> If this Policy is canceled, we will send the first Named Insured any premium refund due. The refund will be pro rata. <br /> The cancellation will be effective even if we have not made or offered a refund. <br /> We will give you written notice sixty (60) days prior to the expiration of this Policy if we do not intend to renew this <br /> insurance subject to any state requirements. The notice will include our reason for nonrenewal. Proof of mailing will <br /> be sufficient proof of notice. <br /> I. Otherinsurance <br /> If there is other collectible insurance, including but not limited to other professional liability insurance or project specific <br /> insurance, that applies to a Claim covered by this Policy,the other insurance shall be primary and this Policy shall be <br /> excess over the other insurance, unless the other insurance is written specifically excess of this Policy. This Policy will <br /> then apply to the amount of the Claim that exceeds the available limits of liability and any deductibles or retention <br /> amounts of the other insurance,as well as the Deductible under this Policy. If such other insurance has a duty to defend <br /> a Claim or assumes the defense of a Claim, this Policy shall not be obligated to defend that Claim. <br /> J. Subrogation <br /> In the event of any payment under this Policy,we shall be subrogated to all of your rights of recovery against any person <br /> or organization. You must do everything reasonably necessary to secure such rights and must do nothing after a Claim <br /> is made to jeopardize them. We hereby waive our subrogation rights against a client of yours to the extent that you <br /> had, prior to a Claim or Circumstance, entered into a written agreement to waive such rights. Any recovery shall first <br /> be paid to us up to the extent of any Damages or Claim Expenses paid by us and the balance shall be paid to you. <br /> K. First Named Insured as Sole Agent <br /> The first Named Insured in Item 1 of the Declarations will be the sole agent and will act on behalf of all Insureds for <br /> the payment or return of premium, receipt and acceptance of any endorsements, notices or provisions of this Policy, <br /> giving or receiving notice of cancellation or nonrenewal, the payment of any Deductibles, and to exercise the rights <br /> provided in Section Q Extended Reporting Period Option. <br /> L. Alteration and Assignment <br /> BDP0417001 Page 8 of 9 <br />
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