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DMS FACILITY SERVICES, LLC 2A -2012
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DMS FACILITY SERVICES, LLC 2A -2012
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Last modified
3/27/2020 9:35:25 AM
Creation date
9/26/2012 9:14:29 AM
Metadata
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Template:
Contracts
Company Name
DMS FACILITY SERVICES, LLC
Contract #
A-2012-112
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
6/4/2012
Expiration Date
1/31/2014
Insurance Exp Date
3/1/2014
Destruction Year
2019
Notes
a-2011-148
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D. Other Insurance <br />The insurance provided by this endorsement applies only to coverages and limits of insurance required by written <br />agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. <br />This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is <br />on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability <br />insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis <br />required by such written agreement. <br />To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a <br />defense, we shall share that right with the additional insured. <br />Item 12. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION ONGOING <br />OPERATIONS <br />A. Section II Who Is An Insured is amended to include as an insured any person or organization to whom you are <br />obligated by a written agreement to procure additional insured coverage, provided that: <br />1. the bodily injury, property damage, or personal and advertising injury giving rise to liability occurs <br />subsequent to the execution of the written agreement; and <br />2. the written agreement is in effect at the time of the bodily injury, property damage, or personal and <br />advertising injury for which coverage is sought. <br />That person or organization shall be referred to as the additional insured. <br />The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts <br />or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing <br />operations. <br />This insurance does not apply to bodily injury, or property damage, personal and advertising injury arising out of <br />your work included in the products- completed operations hazard . <br />There is no coverage for the additional insured for bodily injury , property damage or personal and advertising <br />injury arising out of the sole negligence of the additional insured or by those acting on behalf of the additional <br />insured, except as provided below. <br />If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its <br />sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that <br />the contractual indemnification language of the agreement is valid under the law of the state where the agreement was <br />formed. If the written agreement provides that a particular state s law will apply, then such provision will be honored. <br />B. Waiver Of Subrogation <br />For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of <br />recovery we may have against the additional insured because of payments we make for "bodily injury", "property <br />damage" or "personal and advertising injury" to which this insurance applies. <br />C. Exclusions <br />With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: <br />This insurance does not apply: <br />1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or <br />the failure to render, any professional architectural, engineering or surveying services, including: <br />a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, <br />surveys, field orders, change orders or drawings and specifications; or <br />LG 32 37 09 07 <br />Page 5 of 9 <br />
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