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ROW Occupancy & Encroachment Agreement - Rockne House Move – Wolfe House Movers - TABLED
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ROW Occupancy & Encroachment Agreement - Rockne House Move – Wolfe House Movers - TABLED
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4/9/2024 3:31:24 PM
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4/9/2024 3:31:11 PM
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Board of Public Works
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Contracts
Document Date
4/9/2024
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COMMERCIAL GENERAL LIABILITY <br />AGL01351118 Includes copyrighted material of Insurance Services Office, Inc.,Page 4 of 4 <br />with its permission. <br />any other liability policy or would be an insured under such policy but for its termination or the exhaustion <br />of its Limit of Insurance. <br />D.Paragraph 6.of SECTION III – LIMITS OF INSURANCE is deleted and replaced by the following: <br />6.Subject to Paragraph 5.above, the Damage To Premises Rented To You Limit is the most we will pay <br />under SECTION I – COVERAGES, COVERAGE A for damages because of “property damage” to any one <br />premises while rented to you, or temporarily occupied by you with permission of the owner, when the <br />damage is caused by fire, lightning, explosion, smoke, or leaks from automatic fire protective systems. <br />E. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: <br />1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT <br />The notification requirements of Paragraphs 2.a.and 2.b. Duties In The Event Of Occurrence, Offense, <br />Claim Or Suit apply only when the “occurrence”, offense, claim or “suit” is known to: <br />a.You, if you are an individual; <br />b.A partner or member if you are a partnership or joint venture; <br />c.An officer or director if you are an entity other than a partnership, joint venture or limited liability <br />company; <br />d.A member or manager if you are a limited liability company; or <br />e.An insurance manager, risk manager or other “employee” you designate prior to loss to give notice to <br />us. <br />Knowledge of an “occurrence”, offense, claim, or “suit” by your agent, servant or “employee” shall not in <br />and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual <br />knowledge. <br />2. FAILURE TO DISCLOSE HAZARDS <br />The following is added to Paragraph 6. Representations: <br />If you unintentionally failed to disclose all hazards or prior “occurrences” existing at the inception of this <br />Policy, but reported such error or omission to us as soon as practicable after discovery, then we will not <br />deny coverage under this Coverage Part because of such failure. <br />This provision does not affect our right to collect any additional premium or exercise our right of cancellation <br />or non-renewal. <br />3. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US <br />The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us: <br />We waive any right of recovery we may have against any person or organization when such waiver is required <br />by a written contract that you have agreed to prior to any “occurrence”, “suit” or the offense which caused the <br />“bodily injury”, “property damage” or “personal and advertising injury”, provided that the “occurrence”, “suit” or <br />the offense which caused the “bodily injury”, “property damage” or “personal and advertising injury” arises out <br />ofoperationscontemplated bysuch contract.The waiverapplies onlyto the person ororganization designated <br />in such contract. <br />F. SECTION V – DEFINITIONS is amended as follows: <br />1. BODILY INJURY <br />The definition of “bodily injury” in Paragraph 3.is deleted and replaced by the following: <br />“Bodily injury” means bodily injury, sickness or disease sustained by a person, including mental anguish or <br />death resulting from any of these at any time. <br />2. PERSONAL AND ADVERTISING INJURY <br />The definition of “personal and advertising injury” in Paragraph 14.b.is deleted and replaced by the <br />following: <br />Abuse of process; and malicious prosecution; <br />All other terms and conditions of the policy remain unchanged. <br />INSURED
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