HomeMy WebLinkAbout2011-140 Grant - Rogue Valley Symphony CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Rogue Valley Symphony Association
20 E Main Street Address: 1250 Siskiyou Blvd
Ashland OR 97520 Ashland, OR 97520
(541)488-5300
FAX: (541) 552-2059 Telephone: (541) 552-6354
Term of this agreement: July 1, 2011 to June 30, 2012
Category amounts of grant: Tourism: $500
Economic: $1,000
Cultural: $3,250
Sustainabilit : $250
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. Pursuant to ORS 279A.025(2)(d),
this Grant agreement[ORS 279A.010 (k) (A) (ii)] is not a public contract for purposes of ORS 279 A-C.
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 2011-07 with modifications, if any, made by the budget subcommittee designated above or City
Council.
The grantee agrees to incorporate within any printed or electronic notices or advertisements the following
wording whenever possible: "This program (activity, concert, museum, directory, performance, etc) is funded,
in part, by Ashland lodging tax revenues.
Grantee will report in writing on the use and effect of granted monies per Resolution 2011-07, whichever is
earlier:
a. Within 90 days of the event completion (Single event applications before June 30, 2012)
b. Or as part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring of 2012)
c. Or within 90 days of the end of the current budget fiscal year(October 1, 2012)
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
2012-2013.
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 $18,890 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 contract 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$1,000,000 per occurrence (combined single limit for bodily injury and property damage
claims) or$1,000,000 per occurrence for bodily injury and $100,000 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 conflict 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 shall be brought and conducted
solely 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. Nona ppropriations 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.
I
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.
I
GRANTEE qq� n CITY OF ASHLAND
By 61 P b (7.P�.�f By ,�094 —
�/—' i City Representative
Titleixee.1) t)G' DytGTVl-
Date
Date '7�7IP-O
I
From:Terry Friend FaxID:541-772-1906 Page 2 of 6 Date:7/62011 10:52 AM Page:2 of 6
OF ID:TMF
ACORN' DATE(MMmomvY)
CERTIFICATE OF LIABILITY INSURANCE 07/06111
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. if SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements.
PRODUCER 1 541-773-5358 UUNIACT Terry Friend
Protectors Insurance, LLC 541-772-180 PHONE
Pilot Rock Ins Agency LLC (CA) INC.No E :541-7735358 ac No: 541-772-1906
PO Box 4OR DDRE55:ter rotectorslns.COm
Medford, 66 97501
Terry Friend ROGUE27
INSURER(S)AFFORDING COVERAGE NAIC t
INSURED Rogue Valley Symphony Assoc INSURERA:American States Ins Company 19704
1250 Siskiyou Blvd INSURERS:
Ashland, OR 97520 INSURER C:
INSURER D:
NSURERE:
COVERAGES CERTIFICATE NU B SO NUMBER-
THIS
IS TO CERTIFY THAT 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 ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE Wee POLICY NUMBER M LIMITS
GENERAL LNBILRY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY X OIC12528491 09101110 09/01111 PREMISES Ea occurrence $ 1,000,00
CLAIMS-MADE a OCCUR MED EXP(Anyone person) $ 10,00
PERSONAL B ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 1,000,00
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 1,000,00
X POLICY PRO LOC Liquor $ Include
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY(Per parson) $
SCHEDULED PUTOS
BODILY INJURY(Per ecc,deno $
PROPERTY DAMAGE
HIRED AUTOS (Per eccitlent) $
NON-OWNED AUTOS $
$
HUMBRELLA LIAR OCQW EACH OCCURRENCE $
EXCESS I" CLAIME-MADE AGGREGATE $
DEDUCTIBLE
RETENTION $
WORKERSCOMPENSATON
AND EMPLOYERS'LIABILRY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT
OFFICERIMEMBER EXCWDED? El NIA $
(MAnda.,In NH) E.L.DISEASE-EA EMPLOYEE$
II yes,descnne under
DESCRIPTION OPERATIONS el E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS.VEHICLES (Ahach ACORD 101,Addiecnel R..Mic.Schadulr,If mor.aPecc I.reyulnd)
he City of Ashland, its officers and employees are listed as
ciditional insured per attached endorsement CG7635 0207.
CITYAS2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Finance Department ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: D L Tuneberg
20 E Main Gtr AUrNORIZED REPRESEWATIVE
Ashland, OR 97520 Terry Friend
OO 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD
From:Terry Friend Fax[D:541-772-1906 Page 3 of 6 Date:7l6/2011 10:52 AM Page:3 of 6
�IiStlaCl COMMERCIAL GENERAL LIABILITY
a CG 76 35 02 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance provided underthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following
CONTRACT, AGREEMENT OR PERMIT, OR additional provisions:
SCHEDULE (a) This insurance does not apply to
The following paragraph is added to WHO IS AN any "occurrence"which takes place
INSURED (Section ll): after you cease to be a tenant in
any premises leased to or rented to
4. Any person or organization shown in the Sched- you;
ule or for whom you are required by written con- (b) This insurance does not apply to
tract, agreement or permit to provide insurance any structural alterations, new con-
is an insured, subject to the following additional struction or demolition operations
provisions: performed by or on behalf of the
a. The contract, agreement or permit must be person or organization added as an
in effect during the policy period shown in insured;
the Declarations, and must have been exe- (2) Your ongoing operations for that in-
cuted prior to the loodily injury", "property sured, whether the work is performed
damage", or "personal and advertising by you or for you;
injury".
(3) The maintenance, operation or use by
b. The person or organization added as an in- you of equipment leased to you by such
sured by this endorsement is an insured only person or organization, subject to the
to the extent you are held liable due to: following additional provisions:
(1) The ownership, maintenance or use of (a) This insurance does not apply to
that part of premises you own, rent, any "occurrence"which takes place
after the equipment lease expires;
Includes Copyrighted Material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services, 2001
CG 76 35 02 07 Safety and to Safeco logo ant rogstorod oadwadm of SMaoo Cnporalion
Page 1 ar 4 EP
From:Terry Friend FaxlD:541-772-1906 Page 4 of 6 Date:7 162011 10:52 AM Page:4 of 6
(b) This insurance does. not apply to This exclusion applies even if the claims
"bodily injury" or `property dam- against any insured allege negligence or
age" arising out of the sole negli- other wrongdoing in the supervision, hiring,
gence of such person or employment, training or monitoring of others
organization; by that insured, if the "occurrence" which
caused the `bodily injury" or 'property
(4) Permits issued by any state or political damage" involved the ownership, mainte-
subdivision with respect to operations nance, use or entrustment to others of any
performed by you or on your behalf, aircraft, "auto" or watercraft that is owned
subject to the following additional pro- or operated by or rented or loaned to any in-
vision: sured.
This insurance does not apply to 'bodily This exclusion does not apply to:
injury", "property damage", or (1) A watercraft while ashore on premises
-personal and advertising injury" arising you own or rent;
out of operations performed for the state
or municipality. (2) A watercraft you do not own that is:
c. The insurance with respect to any architect, (a) Less than 52 feet long; and
engineer, or surveyor added as an insured
b (b) Not being used to carry persons or
y this endorsement does not apply to
'bodily injury", "property damage", or "per-
sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways
the rendering of or the failure to render any next to, premises you own or rent, pro-
professional services by or for you, includ- vided the "auto" is not owned by or
ing: rented or loaned to you or the insured;
(1) The preparing, approving, or failing to (4) Liability assumed under any "insured
prepare or approve maps, drawings, contract" for the ownership, mainte-
opinions, reports, surveys, change or- nance or use of aircraft or watercraft; or
ders, designs or specifications; and (5) 'Bodily injury" or "property damage"
(2) Supervisory, inspection or engineering arising out of:
services. (a) the operation of machinery or
d. This insurance does not apply to bodily equipment that is attached to, or
part of, a land vehicle that would
injury" or "property damage" included within qualify under the definition of
the 'products-completed operations haz- -mobile equipment" if it were not
and". subject to a compulsory or financial
responsibility law or other motor ve-
A person's or organization's status as an Insured un- hicle insurance law in the state
der this endorsement ends when your operations for where it is licensed or principally
that insured are completed. garaged; or
No coverage will be provided if, in the absence of this (b) the operation of any of the machin-
endorsement, no liability would be imposed by law on ery or equipment listed in Paragraph
f.(2) or f.(3) of the definition of
you. Coverage shall be limited to the extent of your
"mobile equipment'.
negligence or fault according to the applicable princi-
ples of comparative fault. (6) An aircraft you do not own provided it is
not operated by any insured.
NON-OWNED WATERCRAFT AND NON-OWNED
AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY
Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is
by the following: shown in the Declarations, Exclusion j. of Coverage
g. "bodily injury" or "property damage" arising A, Section I is replaced by the following:
out of the ownership, maintenance, use or 1• Damage To Property
entrustment to others of an aircraft, "auto"
or watercraft owned or operated by or rented property damage" to:
or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including
ation and `loading or unloading", any costs or expenses incurred by you, or
Page 2 of 4
From:Terry Friend FaxID:541-772-1906 Page 5 of 6 Date:7/62011 10:52 AM Page:5 of 6
any other person, organization or entity, for WHO IS AN INSURED — MANAGERS
repair, replacement, enhancement, restora.
tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS
reason, including prevention of injury to a AN INSURED (Section 11):
person or damage to another's property;
(2) Premises you sell, give away or abandon, if Paragraph (1) does not apply to executive officers, or
the 'property damage" arises out of any part to managers at the supervisory level or above.
of those premises;
(3) Property loaned to you; SUPPLEMENTARY PAYMENTS — COVERAGES A
AND B — BAIL BONDS — TIME OFF FROM
(4) Personal property in the care, custody or WORK
control of the insured;
Paragraph 1.b. of SUPPLEMENTARY PAYMENTS —
(5) That particular part of real property on which COVERAGES A AND B is replaced by the following:
you or any contractors or subcontractors
working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required
are performing operations, if the "property because of accidents or traffic law violations
damage" arises out of those operations, or arising out of the use of any vehicle to which
(6) That particular part of any property that must the Bodily Injury Liability Coverage applies.
be restored, repaired or replaced because We do not have to furnish these bonds.
'your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS —
Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following:
not apply to "property damage" (other than d. All reasonable expenses incurred by the in-
damage by fire) to premises, including the con- sured at our request to assist us in the in-
tents of such premises, rented to you. A separate vestigation or defense of the claim or'"suit",
limit of insurance applies to Damage To Prem-
ises including actual loss of earnings up to $500
— imits Of Insurance.
Rented To You as described in Section III a day because of time off from work.
L
Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE
the premises are `your work" and were never SERVICES
occupied, rented or held for rental by you.
Provision 2.a.(1)(d) of WHO IS AN INSURED (Section
Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse-
do not apply to liability assumed under a side- ment.
track agreement.
Paragraph(6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED
"property damage" included in the `products- ORGANIZATIONS
completed operations hazard".
Provision 3.a, of WHO IS AN INSURED (Section 11) is
Paragraph 6. of LIMITS OF INSURANCE (Section III) replaced by the following:
is replaced by the following: a. Coverage under this
g provision is afforded
6. Subject to 5. above, the Damage To Premises only until the end of the policy period.
Rented To You Limit is the most we will pay un-
der Coverage A for damages because of
property damage" to any one premises, while
rented to you, or in the case of damage by fire, Exclusion a. of COVERAGE A (Section 1) is replaced
while rented to you or temporarily occupied by by the following:
you with permission of the owner. a. `Bodily injury" or "property damage" expected
The Damage To Premises Rented To You limit is the or intended from the standpoint of the insured.
higher of the Each Occurrence Limit shown in the This exclusion does not apply to "bodily injury"
Declarations or the amount shown in the Declarations re property damage" resulting from the use of
as Damage To Premises Rented To You Limit.
reasonable force to protect persons or property.
CG 76 35 02 07 Page 3 of 4 EP
From:Terry Friend FaxID:541-772-1906 Page 6 of 6 Date:7/62011 10:52 AM Page:6 of 6
EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or
right-of-way of a railroad.
Paragraph 3. of DEFINITIONS (Section V) is replaced
by the following: INCREASED MEDICAL EXPENSE LIMIT
3. 'Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000.
disease sustained by a person, including mental
anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE
any time.
TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The
Event Of Occurrence, Offense, Claim Or Suit of
The following is added to Paragraph 8. Transfer Of COMMERCIAL GENERAL LIABILITY CONDITIONS
(Section IV):
Rights Of Recovery Against Others To Us of COM-
MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by
tion IV): your agent, servant or employee shall not in itself
constitute knowledge of the named insured unless an
We waive any rights of recovery we may have against officer of the named insured has received such notice
any person or organization because of payments we from the agent, servant or employee.
make for injury or damage arising out of your ongoing
operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL
that person or organization and included in the HAZARDS
"products-completed operations hazard". This waiver
applies only to a person or organization for whom you The following is added to Paragraph 6. Representa-
are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI-
to waive these rights of recovery. TIONS (Section IV):
AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex-
LOCATION isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
For all sums which the insured becomes legally obli- such failure. However, this provision does not affect
gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our
under COVERAGE A (Section I), and for all medical right of cancellation or non-renewal.
expenses caused by accidents under COVERAGE C
(Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE
at a single location":
The following paragraph is added to COMMERCIAL
Paragraphs 2.a. and 2.b, of Limits of Insurance (Sec GENERAL LIABILITY CONDITIONS (Section IV):
tion III) apply separately to each of your "locations"
owned by or rented to you. 10. If a revision to this Coverage Part, which would
provide more coverage with no additional pre-
"Location" means premises involving the same or mium, becomes effective during the policy period
connecting lots, or premises whose connection is 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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