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ACTIVE NETWORK (2) -2016
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ACTIVE NETWORK (2) -2016
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Last modified
3/30/2020 8:21:02 AM
Creation date
2/3/2017 3:35:39 PM
Metadata
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Template:
Contracts
Company Name
ACTIVE NETWORK
Contract #
A-2016-371
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
12/20/2016
Expiration Date
11/30/2017
Insurance Exp Date
9/1/2018
Destruction Year
0
Notes
N-2015-097-001; N-2015-097
Document Relationships
ACTIVE NETWORK, THE 5-2015
(Amends)
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(2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or <br />advertising injury first occurred subsequent to the execution of such 'insured contract. Solely- for the purpose of <br />liability assumed in an insured contract„ reasonable attorney fees and necessary litigation expenses incurred by or fora <br />party= other than an Insured are deemed to be damages because of personal and advertising injury provided: <br />(a) liability to such party for, or for the cost of, that party's defense has also been assumed in such <br />insured contract, and <br />(b) such attorney= fees and litigation expenses are for defense of such party against a civil or alternative <br />dispute resolution proceeding in which covered damages are alleged. <br />B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the <br />definition of insured contract in its entirety, and replace it with the folloxving: <br />Insured contract means that part of a written contract or written agreement pertaining to the Named <br />Insured's business under which the Named Insured assumes the tort liability= of another party to pay for <br />personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort <br />liability means a liability that would be imposed by law in the absence of any contract or agreement. <br />C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section <br />entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: <br />1. Paragraph 2.d. is replaced by the following; <br />d. The allegations in the suit and the information the Insurer knows about the offense alleged in such <br />suit are such that no conflict appears to exist between the interests of the Insured and the interests <br />of the indemnitee; <br />2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: <br />So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that <br />indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses <br />incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the <br />provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsemeint),. <br />such payments will not be deemed to be damages for personal and advertising i <br />
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