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MGT OF AMERICA CONSULTING, LLC
City of Pleasanton
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MGT OF AMERICA CONSULTING, LLC
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Last modified
7/24/2024 3:48:18 PM
Creation date
7/12/2024 1:25:19 PM
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CONTRACTS
Description Type
Professional Services
Contract Type
New
NAME
MGT OF AMERICA CONSULTING, LLC
Contract Record Series
704-05
Munis Contract #
2025090
Contract Expiration
6/30/2029
NOTES
EXPERIENCES IN PROVIDING STATE MANDATED COST CLAIMING SERVICES ON BEHALF OF LOCAL JURISDICTIONS
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Page 18 of 21 HG 00 01 09 16 <br />nonrenewal not less than 30 days before the <br />expiration date. <br />If notice is mailed,proof of mailing will be <br />sufficient proof of notice. <br />SECTION V -DEFINITIONS <br />1."Advertisement"means the widespread public <br />dissemination of information or images that has <br />the purpose of inducing the sale of goods, <br />products or services through: <br />a.(1)Radio; <br />(2)Television; <br />(3)Billboard; <br />(4)Magazine; <br />(5)Newspaper;or <br />b.Any other publication that is given widespread <br />public distribution. <br />However,"advertisement"does not include: <br />a.The design,printed material,information or <br />images contained in,on or upon the <br />packaging or labeling of any goods or <br />products;or <br />b.An interactive conversation between or <br />among persons through a computer network. <br />2."Advertising idea"means any idea for an <br />"advertisement". <br />3."Asbestos hazard"means an exposure or <br />threat of exposure to the actual or alleged <br />properties of asbestos and includes the mere <br />presence of asbestos in any form. <br />4."Auto"means: <br />a.A land motor vehicle,trailer or semitrailer <br />designed for travel on public roads,including <br />any attached machinery or equipment;or <br />b.Any other land vehicle that is subject to a <br />compulsory or financial responsibility law or <br />other motor vehicle insurance law where it is <br />licensed or principally garaged. <br />However,"auto"does not include "mobile <br />equipment". <br />5."Bodily injury"means physical: <br />a.Injury; <br />b.Sickness;or <br />c.Disease <br />sustained by a person and,if arising out of the <br />above,mental anguish or death at any time. <br />6."Coverage territory"means: <br />a.The United States of America (including its <br />territories and possessions),Puerto Rico and <br />Canada; <br />b.International waters or airspace,but only if <br />the injury or damage occurs in the course of <br />travel or transportation between any places <br />included in a.above;or <br />c.All other parts of the world if the injury or <br />damage arises out of: <br />(1)Goods or products made or sold by you in <br />the territory described in a.above; <br />(2)The activities of a person whose home is <br />in the territory described in a.above,but is <br />away for a short time on your business;or <br />(3)"Personal and advertising injury"offenses <br />that take place through the Internet or <br />similar electronic means of communication <br />provided the insured's responsibility to pay <br />damages is determined in the United States of <br />America (including its territories and possessions), <br />Puerto Rico or Canada,in a "suit"on the merits <br />according to the substantive law in such territory or <br />in a settlement we agree to. <br />7."Employee"includes a "leased worker". <br />"Employee"does not include a "temporary <br />worker". <br />8."Employment-Related Practices"means: <br />a.Refusal to employ that person; <br />b.Termination of that person's employment;or <br />c.Employment-related practices,policies,acts <br />or omissions,such as coercion,demotion, <br />evaluation,reassignment,discipline, <br />defamation,harassment,humiliation, <br />discrimination or malicious prosecution <br />directed at that person. <br />9."Executive officer"means a person holding any <br />of the officer positions created by your charter, <br />constitution,by-laws or any other similar <br />governing document. <br />10."Hostile fire"means one which becomes <br />uncontrollable or breaks out from where it was <br />intended to be. <br />11."Impaired property"means tangible property, <br />other than "your product"or "your work",that <br />cannot be used or is less useful because: <br />a.It incorporates "your product"or "your work" <br />that is known or thought to be defective, <br />deficient,inadequate or dangerous;or <br />b.You have failed to fulfill the terms of a <br />contract or agreement; <br />if such property can be restored to use by the <br />repair,replacement,adjustment or removal of <br />"your product"or "your work",or your fulfilling the <br />terms of the contract or agreement. <br />12."Insured contract"means: <br />a.A contract for a lease of premises.However, <br />that portion of the contract for a lease of <br />premises that indemnifies any person or <br />organization for damage by fire,lightning or <br />explosion to premises while rented to you or <br />temporarily occupied by you with permission <br />of the owner is subject to the Damage to <br />Docusign Envelope ID: 36EEB99A-F94E-46ED-8637-EB5ACA3AB439
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