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PGA DESIGN, INC.
City of Pleasanton
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PGA DESIGN, INC.
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Last modified
6/26/2024 3:00:29 PM
Creation date
6/26/2024 3:00:11 PM
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CONTRACTS
Description Type
Professional Services
Contract Type
Amendment
NAME
PGA DESIGN, INC.
Contract Record Series
704-05
Contract Expiration
6/30/2025
NOTES
SECOND AMENDMENT- LANDSCAPE ARCHITECTURAL SERVICES
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COMMERCIAL GENERAL LIABILITY <br />c. Method Of Sharing <br />If all of the other insurance permits contribution <br />by equal shares, we will follow this method also. <br />Under this approach each insurer contributes <br />equal amounts until it has paid its applicable <br />limit of insurance or none of the loss remains, <br />whichever comes first. <br />If any of the other insurance does not permit <br />contribution by equal shares, we will contribute <br />by limits. Under this methoo, each insurer's <br />share is based on the ratio of its applicable limit <br />of insurance to the total applicable limits of <br />insurance of all insurers. <br />d. Primary And Non-Contributory Insurance If <br />Required By Written Contract <br />If you specifically agree in a written contract or <br />agreement that the insurance afforded to an <br />insured under this Coverage Part must apply on <br />a primary basis, or a primary and non- <br />contributory basis. this insurance is primary to <br />other insurance that is available to such insured <br />which covers such insured as a named insured, <br />and we will not share with that other insurance, <br />provided that: <br />(1) The "bodily injury'' or "property damage" for <br />which coverage is sought occurs; and <br />(2) The "personal and advertising injury" for <br />which coverage is sought is caused by an <br />offense that is committed; <br />subsequent to the signing of that contract or <br />agreement by you. <br />5. Premium Audit <br />a. We will compute all premiums for this Coverage <br />Part in accordance with our rules and rates. <br />b. Premium shown in this Coverage Part as <br />advance premium is a deposit premium only. At <br />the close of each audit perioo we will compute <br />the earned premium for that period and send <br />notice to the first Named Insured. The due date <br />for audit and retrospective premiums is the date <br />shown as the due date on the bill. If the sum of <br />the advance and audit premiums paid for the <br />policy period is greater than the earned <br />premium, we will return the excess to the first <br />Named Insured. <br />c. The first Named Insured must keep records of <br />the information we need for premium <br />computation , and send us copies at such times <br />as we may request. <br />6. Representations <br />By accepting this policy, you agree: <br />a. The statements in the Declarations are <br />accurate and complete; <br />b. Those statements are based upon <br />representations you made to us; and <br />c. We have issued this policy in reliance upon <br />your representations. <br />The unintentional omission of, or unintentional error <br />in, any information provided by you which we relied <br />upon in issuing this policy will not prejudice your <br />rights under this insurance. However, this provision <br />does not affect our right to collect additional <br />premium or to exercise our rights of cancellation or <br />nonrenewal in accordance with applicable insurance <br />laws or regulations. <br />7. Separation Of Insureds <br />Except with respect to the Limits of Insurance, and <br />any rights or duties specifically assigned in this <br />Coverage Part to the first Named Insured, this <br />insurance applies: <br />a. As if each Named Insured were the only <br />Named Insured; and <br />b. Separately to each insured against whom claim <br />is made or "suit" is brought. <br />8. Transfer Of Rights Of Recovery Against Others <br />To Us <br />If the insured has rights to recover all or part of any <br />payment we have made under this Coverage Part, <br />those rights are transferred to us. The insured must <br />do nothing after loss to impair them. At our request, <br />the insured will bring "suit" or transfer those rights <br />to us and help us enforce them. <br />9. When We Do Not Renew <br />If we decide not to renew this Coverage Part, we will <br />mail or deliver to the first Named Insured shown in <br />the Declarations written not ice of the nonrenewal <br />not less than 30 days before the expiration date. <br />If notice is mailed, proof of mailing will be sufficient <br />proof of notice. <br />SECTION V -DEFINITIONS <br />1. "Advertisement" means a notice that is broadcast or <br />published to the general public or specific market <br />segments about your goods, products or services <br />for the purpose of attracting customers or <br />supporters. For the purposes of this definition: <br />a. Notices that are published include material <br />placed on the Internet or on similar electronic <br />means of communication; and <br />b. Regarding websites, only that part of a website <br />that is about your goods, prooucts or services <br />for the purposes of attracting customers or <br />supporters is considered an advertisement. <br />Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 <br />Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion. <br />Policy #6807T954561DocuSign Envelope ID: 27E79A54-51B9-4F19-98C5-1BA1910A416B
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