HomeMy WebLinkAbout2009-096 Grant - Ashland Gallery Assoc
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE Ashland Gallery Association
20 E Main Street Address: PO Box 241
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300 ,
FAX: (541) 552-2059 Telephone: (541) 488-6791
Term of this agreement: July 1, 2009 to June 30, 2010
Category amounts of grant: Tourism: $4,154
Economic: $5,794
Cultural: $5,052
Budget subcommittee: Economic and Cultural Development
Contract made the date specified above between the City of Ashland and Grantee named above.
RECITALS: City grants the identified amount for the stated purpose above. This Grant agreement
(ORS 279A.010 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C. ORS 279A.010 (x).
City and Grantee agree:
1. Amount of Grant. Subject to the terms and conditions of this contract, the City agrees to provide
funds in the amount specified above. Grant funds shall be utilized or contractually committed in the
fiscal year for what they are awarded.
2. Qualified Work. Grantee has represented, and by entering into this contract now represents, that
any personnel assigned to the work required under this contract are fully qualified to perform the work
to which they will be assigned in a skilled and worker-like manner and, if required to be registered,
licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Grantee must
also maintain a current City business license.
3. Use of Grant Funds. The use of grant funds are expressly limited to the activities in this contract
and per Resolution 2008-35 with modifications, if any, made by the budget subcommittee designated
above or City Council.
Grantee will report in writing on the use and effect of granted monies per Resolution 2008-35,
whichever is earlier:
a. Within 90 days of the event completion (Single event applications before June 30, 2010)
b. Or as part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring of 2010)
c. Or within 90 days of the end of the current budget fiscal year(October 1, 2010)
If Grantee intends on applying for subsequent grant funds through the City and has not fully used the
previous year's funds, the Grantee must provide a memo acknowledging that as part of the application
process in FY 2010-2011.
If Grantee is awarded $4,000 or more in Tourism qualifying funds, they must report statistical data on
the impact of these grant funds.
All other Grantees are encouraged to submit statistical data on the impact of the grant funds by the
category in which they were funded (Tourism, Economic, or Cultural Development).
4. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which
the grant is awarded or this contract is terminated shall be returned to the City within 30 days of
completion or termination.
5. Financial Records and Inspection. Grantee shall maintain a complete set of books and records
relating to the purpose for which the grant was awarded in accordance with generally accepted
accounting principles. Grantee gives the City and any authorized representative of the City access to
and the right to examine all books, records, papers or documents relating to the use of grant funds.
6. Living Wage Requirements. If the amount of this contract is $18,088 or more. and if the Grantee
has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland
Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their
time within a month performing work under this contract. Grantees required to pay a living wage are
also required to post the attached notice predominantly in areas where it will be seen by all
employees.
7. Termination.
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both
parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon
delivery of written notice to Grantee, or at such later date as may be established by City
under any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and
continued at levels sufficient to allow for the grant;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the grant purposes are no longer allowable or appropriate for
award under this contract or are no longer eligible for the funding proposed for
payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Grantee to
provide the services required by this contract is for any reason denied, revoked,
suspended, or not renewed.
8. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in
this contract or fails to expend the grant funds or enter into binding legal agreements to expend the
grant funds within twelve months of the date of this contract, the City. by written notice of default to the
Grantee. may terminate the whole or any part of this contrac:t and may pursue any remedies available
at law or in equity. Such remedies may include, but are not limited to, termination of the contract, stop
payment on or return of the grant funds, payment of interest earned on grant funds or declaration of
ineligibility for the receipt of future grant awards.
In the event of termination, City may stop payment or withhold any Grant funds in City's possession
from Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds.
In addition, City shall be entitled to recover any administrative costs, including attorney fees or
collection costs if encumbered as a result of Grantee's failure to return Grant funds. In the event of
termination, if Grant funds are not returned or it is found that Grant funds were misappropriated,
Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are
finally adjudicated and settled. The rights and remedies of this section are not exclusive and are in
addition to any other rights and remedies available to the City under the law.
9. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or
amended in any manner except by written instrument signed by the parties. Such written modification
will be made a part of this contract and subject to all other contract provisions.
10. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents
harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other
damages resulting from injury to any person (including injury resulting in death,) or damage (including
loss or destruction) to property. of whatsoever nature arising out of or incident to the performance of
this agreement by Grantee (including but not limited to, Grantee's employees, agents, and others
designated by Grantee to perform work or services attendant to this agreement). Grantee shall not be
held responsible for damages caused by the negligence of City.
11. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of
this agreement, maintain in force a comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, and owner's and contractor's protective insurance. The
liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit
for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be
named as additional insureds. Certificates of insurance acceptable to the City shall be filed with
the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. Grantee
shall at its own expense provide the following insurance: Worker's Compensation insurance in
compliance with ORS 656.017, which requires subject employers to provide Oregon workers'
compensation coverage for all their subject workers.
12. Assignment and Subcontracts. Grantee shall not assign this contract or subcontract any
portion of the work without the written consent of City. Any attempted assignment or subcontract
without written consent of City shall be void. Grantee shall be fully responsible for the acts or
omissions of any assigns or subcontractors and of all persons employed by them, and the
approval by City of any assignment or subcontract shall not create any contractual relation
between the assignee or subcontractor and City.
13. Merger. This contract constitutes the entire agreement between the parties. There are no
understandings, agreements or representations, oral or written, not specified in this contract regarding
this contract. Grantee, by.the signature below of its authorized representative, acknowledges that it
has read this contract, understands it, and agrees to be bound by its terms and conditions.
14. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's confiict of laws,
rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Grantee that arises from or
relates to this contract shall be brought and conducted solely and exclusively within the Circuit
Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a
federal forum; then it'shal! be brought and conducted sole!y and exclusively within the United
States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the
signature herein of its authorized representative, hereby consents to the in personam jurisdiction
of said courts. In no event shall this section be construed as a waiver by City of any form of
defense or immunity, based on the Eleventh Amendment to the United States Constitution, or
otherwise, from any claim or from the jurisdiction.
15. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this contract within the City's fiscal
year budget. Grantee understands and agrees that City's payment of amounts under this contract
attributable to work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this contract. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this contract
without penalty or liability to City, effective upon the delivery of written notice to Grantee, with no
further liability to Grantee.
16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules,
and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex,
marital status, sexual orientation, age, medical condition, or disability.
By
itle
Date ~ -" -() '!
CITY OF ASHLAND
By
~:J- .~
Finance Director
'lit fr7
Date
.
~CORD.
CERTIFICATe>F LIABILITY INSURAN ASHLA-5 03 13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Insurance Marketplace, Inc.
1998 Skypark Dr Suite 100
Medford OR 97504
Phone: 541-779-0177 Fax:FAX 772-8235
Ashland Gallery Association
John Davis
POBox 241
Ashland OR 97520
INSURER A:
INSURER B:
INSURER c:
INSURER 0:
INSURER E:
American States Ins. Co.
NAlC#
19704
INSURERS AFFORDING COVERAGE
INSURED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IIL~~ ~S~[ TYPE OF INSURANCE POLICY NUMBER t'D~1!~ 1MMIDDrvYl- DATE MMID~~ LIMITS
~NERAL LIABILITY EACH OCCURRENCE , 1,000,000
A X X COMMERCIAL GENERAL LIABILITY 01-CH-770410-2 03/31/09 03/31/10 PREM~ES/E~~~~nCe\ $200,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000
- PERSONAL & ADV INJURY $ 1,000,000
E.. EPL $10k GENERAL AGGREGATE $2,000,000
GEN'L AGG:EnE LIMIT APnS PER: PRODUCTS. COMP/OP AGG $ 2,000,000
I PRO-
POLICY JECT LaC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Eaac:cident)
-
- ALL OWNED AUTOS BODlL Y INJURY
(Per person) $
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(Per accident) $
- NON-QWNED AUTOS
- PROPERTY DAMAGE $
(Peraccidenl)
==iAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA Ace $
AUTO ONLY: AGG $
pESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D ClAIMS MADE AGGREGATE $
$
R ~EDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND ITaR/lIM'TS I IV",,'
EMPLOYERS' LIABILITY
ANY PROPRIETORiPARTNERlEXECUTIVE EL. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $
~~EI~~S~~~v~~?c5~s below - --
E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of Ashland and its officers, employees and agents are additional
insureds.
CERTIFICATE HOLDER
CANCELLATION
DIRECTO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEn, BUT FAILURE TO DO SO SHALL
Director of Finance IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
20 E. Main St.
Ashland OR 97520 REPRESENTATTVES.
AUTHORaEDREPRESENTATTVE
R. Scott Weaver CIC
ACORD 25 (2001108)
@ACORDCORPORATION1988
.... REPRINTED FROM THE FORMS LIBRARy....
.
~ Insuran'ce
..
COMMERCIAL GENERAL LIABILITY
CG 76 35 02 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance provided under the tollowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Ashland
ADDITIONAL
CONTRACT,
SCHEDULE
INSURED BY WRITTEN
AGREEMENT OR PERMIT, OR
lease or occupy, subject to the following
additional provisions:
(a) This insurance does not apply to
any "occurrence" which takes place
after you cease to be a tenant In
any premises leased to or rented to
you;
(b) This insurance does not apply to
any structural alterations, new con-
struction or demolition operations
performed by or on behalf of the
person or organization added as an
insured;
(2) Your ongoing operations tor that in-
sured, whether the work is performed
by you or tor you;
(3) The maintenance, operation or use by
you of equipment leased to you by such
person or organization, subject to the
fOllowing additional provisions:
(a) This insurance does not apply to
any "occurrence" which takes place
after the equipment iease expires;
The following paragraph is added to WHO IS AN
INSURED (Section II):
4. Any person or organization shown in the Sched-
ule or for whom you are required by written con-
tract, agreement or permit to provide insurance
is an insured, subject to the following additional
provisions:
a. The contract, agreement or permit must be
in effect-during-the policy period-Shown in
the Declarations, and must have been exe-
cuted prior to the "bodily Injury", "property
damage", or "personal and advertising
injury".
b. The person or organization added as an in-
sured by this endorsement is an insured only
to the extent you are held liable due to:
(1) The ownership, maintenance or use of
that part of premises you own, rent,
Includes Copyrighted Material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services, 2001
Saleco and \he Sa/eeo logo are regslered IredM1arks ol Saleco CorpOfalioo
Page 1 0\ 4 EP
CG 76 35 02 07
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(b) This insurance does not apply to
"bodily injury" or "property dam-
age" arising out of the sole negli-
gence of such person or
organization;
(4) Permits issued by any state or political
subdivision with respect to operations
performed by you or on your behall,
subject to the following additional pro-
vision:
This insurance does not apply to "bodily
injury", "property damage", or
"personal and advertising injury" arising
out of operations perlormed for the state
or municipality.
c. The insurance with respect to any architect,
engineer, or surveyor added as an insured
by this endorsement does not apply to
"bodily injury", "property damage", or "per-
sonal and advertising injury" arising out of
the rendering of or the failure to render any
professional services by or for you, includ-
ing:
(1) The preparing, approving, or failing to
prepare or approve maps. drawings,
opinions, reports, surveys, change or-
ders, designs or specifications; and
(2) Supervisory, inspection or engineering
services.
d. This insurance does not apply to "bodily
injury" or "property damage" included within
the "products-completed operations haz-
ard".
A person's or organization's status as an insured un-
der this endorsement ends when your operations for
that insured are completed.
No coverage will be provided if, in the absence of this
endorsement, no liability would be imposed by law on
you. Coverage shall be limited to the extent of your
negligence or fault according to fhe applicable princi-
ples of comparative fault.
NON-OWNED WATERCRAFT AND NON-OWNED
AIRCRAFT LIABILITY
,
Exclusion g. of COVERAGE A (Section I) is replaced
by the following:
g. "Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft. "auto"
or watercraft owned or operated by or rented
or ioaned to any insured. Use includes oper-
ation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership, mainte-
nance, use or entrustment to others of any
aircraft, "auto" or watercraft that is owned
or operated by or rented or loaned to any in-
sured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or
property tor a charge;
(3) Parking an "auto" on. or on the ways
next to, premises you own or rent, pro-
vided the "auto" is not owned by or
rented or ioaned to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership. mainte-
nance or use of aircraft or watercraft; or
(5) "Bodily injury" or "property damage"
arising out of:
(a) the operation of machinery or
equipment that is attached to, or
part of, a land vehicle that would
qualify under the definition of
"mobile equipment" if it VJefe not
subject to a compuisory or financial
responsibility law or other motor ve-
hicle insurance law in the state
where it is licensed or principally
garaged; or
(b) the operation of any of the machin-
ery-orequipment listed in Paragraph- .
f.(2) or 1.(3) of the definition of
"mobile equipment".
(6) An aircraft you do not own provided it is
not operated by any insured.
TENANTS' PROPERTY DAMAGE LIABILITY
When a Damage To Premises Rented To You Limit is
shown in the Declarations, Exclusion j. of Coverage
A, Section I is repiaced by the following:
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
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,.
any other person. organization or entity. lor
repair, replacement, enhancement, restora-
tion or maintenance of such propeny for any
reason, including prevention of injury to a
person or damage to another's property;
(2) Premises you sell, give away or abandon. if
the "property damage" arises out of any part
of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on which
you or any contractors or subcontractors
working directly or indirectly on your behalf
are performing operations, if the "property
damage" arises out of those operations, or
(6) That particular part of any property that must
be restored, repaired or replaced because
"Your work" was incorrectly perfomned on it.
Paragraphs (1), (3) and (4)' of this exclusion do
not apply to "property damage" (other than
damage by fire) to premises, including the con-
tents of such premises, rented to you. A separate
limit of insurance applies to Damage To Prem-
ises Rented To You as described in Section III
_ Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if
the premises are "your work" and were never
occupied. rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclusion
do not apply to liability assumed under a side-
track agreement.
Paragraph. (6) of this exclusion does nof apply to
"property damage" included in the "products-
completed operations hazard".
Paragraph 6. of LIMITS OF INSURANCE (Section III)
is-replaced-by'the-following:
6. Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay un-
der Coverage A for damages because of
"property damage" to anyone premises, while
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by
you with permission of the owner.
The Damage To Premises Rented ToY ou limit is the
higher of the Each Occurrence Limit shown in the
Declarations or the amount shown in the Declarations
as Damage To Premises Rented To You Limit.
CG 76 35 02 07
.
WHO IS AN INSURED - MANAGERS
The following is added to Paragraph .2.a. of WHO IS
AN INSURED (Section II):
Paragraph (1) does not apply to executive officers, or
to managers at the supervisory level or above.
SUPPLEMENTARY PAYMENTS - COVERAGES A
AND B _ BAIL BONDS - TIME OFF FROM
WORK
Paragraph 1.b. of SUPPLEMENTARY PAYMENTS -
COVERAGES A AND B Is replaced by the following:
b. Up to $3,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury liability Coverage applies.
We do not have to furnish these bonds.
Paragraph 1.d. of SUPPLEMENTARY PAYMENTS
COVERAGES A AND B is replaced by the following:
d. All reasonable expenses incurred by the In-
sured at our request to assist us in the in-
vestigation or defense of the claim or "suit",
including actual loss of eamings up to $500
a day because of time off from work.
EMPLOYEES AS INSUREDS - HEALTH CARE
SERVICES
Provision 2.a.(1)(d) of WHO IS AN INSURED (Section
II) is deleted. unless exciuded by separate endorse-
ment.
EXTENDED COVERAGE FOR NEWLY ACQUIRED
ORGANIZATIONS
Provision 3.a. of WHO IS AN INSURED (Section Ii) is
replaced' by the following:
a:- Coverage-under- this provision-is-afforded-
only until the end of the policy period.
EXTENDED "PROPERTY DAMAGE"
Exclusion a. of COVERAGE A (Section I) is replaced
by the following:
a. "Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or property.
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EXTENDED DEFINITION OF BODILY INJURY
Paragraph 3. of DEFINITIONS (Section V) is replaced
by the fDllowing:
3. "BDdily injury" means bDdliy injury, sickness or
disease sustained by a persDn, including mental
anguish or death resulting frDm any of these at
any time.
TRANSFER OF RfGHTS OF RECOVERY
The fOIlDwing is added tD Paragraph 8. Transter Of
Rights Of RecDvery Against Others To Us Df COM-
MERCIAL GENERAL LIABILITY CONDITIONS (Sec-
tiDn IV):
We waive any rights Df recovery we may have against
any persDn or Drganization because Df payments we
make fDr injury Dr damage arising out Df YDur ongDing
DperatiDns Dr "YDur wDrk" dDne under a cDntract with
that persDn or DrganizatiDn and included in"' the
"products-cDmpleted operafions hazard". This waiver
applies only to a person or Drganization for whom you
are required by written contract, agreement or permit
to waive these rights Df recovery.
AGGREGATE LIMITS OF INSURANCE PER
LOCATION
For all sums which the insured becDmes legaliy obli-
gated tD pay as damages caused by "DccUrrences"
under COVERAGE A (SectiDn I), and fDr all medical
expenses caused by accidents under COVERAGE C
(SectiDn I), which can be attributed only to DperatiDns
at a single 40catiDn":
Paragraphs 2.a. and 2.b. of Limits Df Insurance (Sec-
tiDn iii) apply separately tD each Df your "IDcatiDns"
owned by or rented tD YDU.
"lDcatiDn" means premises involving the same or
cDnnecting lots, or premises-wnose cDnnection- is
interrupted only by a street, roadway, waterway, Dr
right-Df-way 01 a railroad.
INCREASED MEDICAL EXPENSE LIMIT
The Medical Expense Limit is amended to $10,000.
KNOWLEDGE OF OCCURRENCE
The follDwing is added to Paragraph 2. Duties in The
Event Of Occurrence, Offense, Claim Or Suit Df.
COMMERCIAL GENERAL LIABILITY CONDITIONS
(Section IV):
KnDwledge Df an "DCCUrrence", claim or "suit" by
your agent, servant or employee shall not in itself
constitute knDwledge of the named insured unless an
Dfficer Df the named insured has received such notice
frDm the agent, servant Dr emplDyee.
UNINTENTIONAL FAILURE TO DISCLOSE ALL
HAZARDS
The fDIIDwing is added to Paragraph 6. Representa-
tions Df COMMERCIAL . GENERAL LIABILITY CONDI-
TIONS (Section IV):
If YDU unintentionally tali tD disclose any hazards ex-
isting at the inception date of your pDlicy, we will not
deny cDverage under this Coverage Form because Df
such failure. HDwever, this provisiDn dDes nDt affect
Dur nght tD cDliect additional premium or exercise Dur
right of cancellation Dr nDn-renewaL
LIBERALIZATION CLAUSE
The tollDwing paragraph is added tD COMMERCIAL
GENERAL LIABILITY CONDITIONS (Section IV):
10. If a revisiDn tD this CDverage Part, which wDuld
prDvide mDre cDverage with nD additional pre-
mium, becomes effective during the policy periDd
in-the -state-shown-in-the-Declarations;-your-pol~-
icy will automatically provide this additional cov-
erage on the effective date of the revision.
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