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MIDORI GARDENS INC. 4E - 2011
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MIDORI GARDENS INC. 4E - 2011
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Last modified
1/3/2012 2:38:19 PM
Creation date
6/28/2011 9:10:21 AM
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Contracts
Company Name
MIDORI GARDENS INC.
Contract #
A-2011-052
Agency
PUBLIC WORKS
Council Approval Date
3/7/2011
Expiration Date
6/30/2013
Insurance Exp Date
6/1/2011
Destruction Year
2018
Notes
2006-195, A-2006-195-01, 2008-272, 2009-109, 2010-103
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sured, but we will not be liable for damages that are not payable under the terms of this Coverage Part or that <br />A person or organization may sue us to recover on an agreed settlement or on a final judgment against an in- <br />sured, but we will not be liable for damages that are not payable under the terms of this Coverage Part or that <br />are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of li- <br />ability signed by us, the insured and the claimant or the claimant's legal representative. <br />4. Other Insurance <br />If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of <br />this Coverage Part, our obligations are limited as follows: <br />a. Primary Insurance <br />This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not <br />affected unless any of the other insurance is also primary. Then, we will share with all that other insurance <br />by the method described in c. below. <br />b. Excess Insurance <br />This insurance is excess over: <br />(1) Any of the other insurance, whether primary, excess, contingent or on any other basis: <br />(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work" <br />; <br />(b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of <br />the owner; <br />(c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to <br />premises rented to you or temporarily occupied by you with permission of the owner; or <br />(d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not <br />subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability. <br />(2) Any other primary insurance available to you covering liability for damages arising out of the premises or <br />operations for which you have been added as an additional insured by attachment of an endorsement. <br />When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against <br />any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- <br />fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insur- <br />ers. <br />When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, ii <br />any, that exceeds the sum of: <br />(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; <br />and <br />(2) The total of all deductible and self-insured amounts under all that other insurance. <br />We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insur- <br />ance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the <br />Declarations of this Coverage Part. <br />C. Method Of Sharing <br />If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this <br />approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of <br />the loss remains, whichever comes first. <br />If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Un- <br />der this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total ap- <br />plicable limits of insurance of all insurers. <br />5. Premium Audit r <br />. O y v...u <br />a. We will compute all premiums for this Coverage Partin accordance witt7,ggurLuJes?l ates. <br />I,auca <br />Ja ISO Plopgrhen Inc 1000 Aasi"'"°'l <br />Page 12 of 17 CG 00 01 10 01 <br />nwrnarvnnw Al 77e7a nlrl IQVVPMInw AGENT COPY M?? ^?o ^^^^^^ ^^^^^^" ^__- _-
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