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SMART ENERGY SYSTEMS, INC. (2)
City of Pleasanton
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SMART ENERGY SYSTEMS, INC. (2)
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Last modified
2/21/2025 1:31:51 PM
Creation date
2/21/2025 1:22:14 PM
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CONTRACTS
Description Type
Other
Contract Type
Amendment
NAME
SMART ENERGY SYSTEMS, INC.
Contract Record Series
704-05
Munis Contract #
2024086
Contract Expiration
12/31/2025
NOTES
SOFTWARE SERVICES THIRD AMENDMENT
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(3)Applies on a primary basis if that is <br />required by the written contract, written <br />agreement or permit. <br />(4)Will not be broader than coverage <br />provided to any other insured. <br />(5)Does not apply if the "bodily injury", <br />"property damage" or "personal and <br />advertising injury" is otherwise excluded <br />from coverage under this Coverage Part, <br />including any endorsements thereto. <br />c.This provision does not apply: <br />(1)Unless the written contract or written <br />agreement was executed or permit was <br />issued prior to the "bodily injury", "property <br />damage", or "personal injury and <br />advertising injury". <br />(2)To any person or organization included as <br />an insured by another endorsement <br />issued by us and made part of this <br />Coverage Part. <br />(3)To any lessor of equipment: <br />(a)After the equipment lease expires; or <br />(b)If the "bodily injury", "property <br />damage", "personal and advertising <br />injury" arises out of sole negligence of <br />the lessor <br />(4)To any: <br />(a)Owners or other interests from. whom <br />land has been leased which takes <br />place after the lease for the land ex <br />pires; or <br />(b)Managers or lessors of premises if: <br />(i)The occurrence takes place after <br />you cease to be a tenant in that <br />premises; or <br />(ii)The "bodily injury", "property <br />damage", "personal injury" or <br />"advertising injury" arises out of <br />structural alterations, new con <br />struction or demolition operations <br />performed by or on behalf of the <br />manager or lessor. <br />(5)To "bodily injury", "property damage" or <br />"personal and advertising injury" arising <br />out of the rendering of or the failure to <br />render any professional services. <br />This exclusion applies even if the claims <br />against any insured allege negligence or <br />other wrongdoing in the supervision, <br />hiring, employment, training or monitoring <br />of others by that insured, if the <br />"occurrence" which caused the "bodily <br />injury" or "property damage" or the offense <br />which caused the "personal and <br />57UUNBE7EYV <br />advertising injury" involved the rendering <br />of or failure to render any professional <br />services by or for you. <br />d.With respect to the insurance afforded to <br />these additional insureds, the following is <br />added to SECTION Ill -LIMITS OF <br />INSURANCE: <br />The most we will pay on behalf of the <br />additional insured for a covered claim is the <br />lesser of the amount of insurance: <br />1.Required by the contract, agreement or <br />permit described in Paragraph a.; or <br />2.Available under the applicable Limits of <br />Insurance shown in the Declarations. <br />This endorsement shall not increase the <br />applicable Limits of Insurance shown in the <br />Declarations. <br />2.Additional Insured Primary and Non- <br />Contributory <br />The following is added to SECTION IV - <br />COMMERCIAL GENERAL LIABILITY <br />CONDITIONS, Paragraph 4. Other insurance: <br />Additional Insured <br />Contributory <br />Primary and Non- <br />If you agree in a written contract, written <br />agreement or permit that the insurance provided to <br />any person or organization included as an <br />Additional Insured under SECTION II -WHO IS <br />AN INSURED, is primary and non-contributory, <br />the following applies: <br />If other valid and collectible insurance is available <br />to the Additional Insured for a loss covered under <br />Coverages A or B of this Coverage Part, our <br />obligations are limited as follows: <br />a.Primary Insurance <br />This insurance is primary to other insurance <br />that is available to the Additional Insured <br />which covers the <br />Additional Insured as a Named Insured. We <br />will not seek contribution from any other <br />insurance available to the Additional Insured <br />except: <br />(1)For the sole negligence of the Additional <br />Insured; <br />(2)When the Additional Insured is an <br />Additional Insured under another primary <br />liability policy; or <br />(3)when b. below applies. <br />If this insurance is primary, our obligations are <br />not affected unless any of the other insurance <br />is also primary. Then, we will share with all <br />that other insurance by the method described <br />inc. below. <br />421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of4 <br />Docusign Envelope ID: 68B2E883-C110-4576-BD1B-AD517865B205
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