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ACIRE, INC.-2013
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Last modified
4/23/2021 2:37:38 PM
Creation date
7/22/2013 2:26:41 PM
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Contracts
Company Name
ACIRE, INC.
Contract #
A-2013-087
Agency
PUBLIC WORKS
Council Approval Date
6/3/2013
Insurance Exp Date
7/6/2017
Destruction Year
0
Document Relationships
ACIRE, INC. (2)-2017
(Amended By)
Path:
\Contracts / Agreements\A
ACIRE, INC. 1A
(Amended By)
Path:
\Contracts / Agreements\A
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(5) To any: <br />(a) Owners or other interests from <br />whom land has been leased which <br />takes place after the lease for that <br />land expires; or <br />(b) Managers or lessors of premises if: <br />(1) The occurrence takes place after <br />you cease to be a tenant In that <br />premises; or <br />(II) The "bodily injury", "property <br />damage" or "personal and <br />advertising Injury' arises out of <br />structural alterations, new <br />construction or demolition <br />operations performed by or on <br />behalf of the manager or lessor; <br />or <br />(6) To "bodily Injury", "property damage" or <br />"personal and advertising injury" arising <br />out of the rendering of or the failure to <br />render any professional services. <br />c. Additional Insured coverage provided by <br />this provision will not be broader than <br />coverage provided to any other insured. <br />d. All other Insuring agreements, exclusions, <br />and conditions of the policy apply. <br />2. Additional Insured - Broad Form Vendors <br />Under SECTION II - LIABILITY, C. Who Is An <br />Insured, paragraph 5. Is added as follows: <br />5. Any person or organization with whom you <br />agreed, because of a written contract or <br />written agreement to provide insurance, but <br />only with respect to "bodily Injury" or <br />"property damage" arising out of "your <br />products" which are distributed or sold in <br />the regular course of the vendor's business. <br />The insurance afforded the vendor does not <br />apply to: <br />a. "Bodily injury" or "property damage" for <br />which the vendor Is obligated to pay <br />damages by reason of the assumption of <br />liability in a contract or agreement. This <br />exclusion does not apply to liability for <br />damages that the vendor would have in <br />the absence of the contract or <br />agreement; <br />b. Any express warranty unauthorized by <br />you; <br />c. Any physical or chemical change in the <br />product made Intentionally by the <br />vendor; <br />d. Repackaging, unless unpacked solely <br />for the purpose of inspection, <br />demonstration, testing, or the <br />substitution of parts under instruction <br />from the manufacturer, and then <br />repackaged in the original container; <br />e. Any failure to make such inspection, <br />adjustments, tests or servicing as the <br />vendor has agreed to make or normally <br />undertakes to make in the usual course <br />of business in connection with the <br />distribution or sale of the product; <br />f. Demonstration, installation, servicing or <br />repair operations, except such <br />operations performed at the vendor's <br />premises in connection with the sale of <br />the product; <br />g. Products which, after distribution or sale <br />by you, have been labeled or relabeled <br />or used as a container, part or <br />ingredient of any thing or substance by <br />or for the vendor; or <br />h. "Bodily injury" or "properly damage" <br />arising out of the sole negligence of the <br />vendor for its own acts or omissions or <br />those of Its employees or anyone else <br />acting on its behalf. However, this <br />exclusion does not apply to: <br />(1) The exceptions contained In <br />paragraphs 5.d. or 51; or <br />(2) Such Inspections, adjustments, test <br />or servicing as the vendor has <br />agreed to make or normally <br />undertakes to make in the usual <br />course of business, In connection <br />with the distribution or sale of the <br />products. <br />This insurance does not apply to any <br />Insured person or organization, from whom <br />you have acquired such products, or any <br />Ingredient, part or container, entering into, <br />accompanying or containing such products. <br />3, Alienated Premises <br />Under SECTION 11 - LIABILITY, B. Exclusions, <br />paragraph 1.k.(2) Is replaced In Its entirely with <br />the following: <br />(2) Premises you sell, give away or abandon, If <br />the "property damage" arises out of any part <br />of those premises and occurred from <br />hazards that were known by you, or should <br />have reasonably been known by you, at the <br />time the property was transferred or <br />abandoned. <br />4. Bodily Injury Redefined <br />Under SECTION 11 - LIABILITY, F. Liability and <br />Medical Expenses Definitions, definition 4. is <br />replaced In Its entirely by the following: <br />391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 <br />
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