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25H - AGMT - CONSULT SVC FOR CIP
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09/19/2017
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25H - AGMT - CONSULT SVC FOR CIP
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Last modified
9/14/2017 4:18:34 PM
Creation date
9/15/2017 1:05:02 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25H
Date
9/19/2017
Destruction Year
2022
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CNA <br />General Liability Extension Endorsement <br />• attachment of an additional Insured endorsement to this Coverage Part. <br />16. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY <br />A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled <br />Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the <br />following: <br />This Insurance does not apply to: <br />Contractual Liability <br />Personal and advertising Injury for which the Insured has assumed liability in a contract or agreement. <br />This exclusion does not apply to liability for damages: <br />(1) that the Insured would have in the absence of the contract or agreement; or <br />(2) assumed in a contract or agreement that is an insured contract provided the offense that caused such <br />personal or advertising injury first occurred subsequent to the execution of such Insured contract. <br />Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and <br />necessary litigation expenses incurred by or for a party other than an Insured are deemed to be <br />damages because of personal and advertising Injury provided: <br />(a) liability to such parry 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 following: <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 <br />Section 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 Endorsement), <br />such payments will not be deemed to be damages for personal and advertising injury and will not <br />reduce the limits of insurance. <br />D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not <br />apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement <br />attached to this Coverage Part. <br />GNA7487OXX (1-15) Policy No: <br />Page 12 of 13 Endorsement No: <br />Effective Date: <br />Insured Name: <br />Copyright CNA All Rights Reserved. Includes, copyrighted material of Insurance Services office, Inc., with Its permission. <br />&wvx2GIH Zy GA &ZtAf t fZ- 46,,-o&+ rt% t 5 Jfi) <br />
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