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Agmt24 Ocean Oyster (2107 Broadway)
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Agmt24 Ocean Oyster (2107 Broadway)
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Last modified
11/21/2024 11:37:23 AM
Creation date
11/21/2024 11:36:53 AM
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Agreement
PROJECT NAME
Outdoor Business Activity License Agreement_11.19.2024
Date
11/19/2024
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SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS <br />2. Duties In The Event Of Occurrence, Offense, Claim Or Suit <br />Replace paragraph 2.a. with the following: <br />a. You must see to it we are notified as soon as practicable of an "occurrence" or an offense, which may result in a <br />claim. Knowledge of an `occurrence" or an offense by your "employees" shall not, in itself, constitute knowledge <br />to you unless any one of your partners, "executive officers", directors or insurance managers shall have actually <br />received notice. To the extent possible, notice should include: <br />(1) How, when and where the "occurrence" took place; <br />(2) The names and addresses of any injured persons and witnesses; and, <br />(3) The nature and location of any injury or damage arising out of the "occurrence" or offense. <br />The following is added to paragraph 2. under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: <br />e. Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an "occurrence", <br />offense, claim or "suit', solely due to your reasonable and documented belief that the "bodily injury" or "property <br />damage" is not covered under this policy. <br />f. You must see to it that the following are done in the event of an actual or anticipated "covered recall' that may <br />result in "product recall expense": <br />(1) Give us prompt notice of any discovery or notification that "your product' must be withdrawn or recalled. <br />Include a description of "your product' and the reason for withdrawal or recall. <br />(2) Cease any further release, shipment, consignment or any other method or distribution of like or similar <br />products until it has been determined that all such products are free from defects that could be a cause of <br />loss under this insurance. <br />4. Other Insurance <br />The following is added to Other Insurance and supersedes any provision to the contrary with respects to the <br />Commercial General Liability Coverage Part and Products/Completed Operations Liability Coverage Part. <br />d. This insurance is primary to and will not seek contribution from any other insurance available to an additional <br />insured under your policy provided that: <br />(i) The additional insured is a Named Insured under such other insurance; and <br />(ii)You have agreed in writing in a contract or agreement that this insurance would be primary and would <br />not seek contribution from any other insurance available to the additional insured. <br />6. Representations <br />Replace with the following: <br />By accepting this policy, you agree: <br />a. The statements in the Declarations are accurate and complete; <br />b. Those statements are based upon representations you made to us; and <br />c. We have issued this policy in reliance upon your representations. <br />Any knowledge of an error or omission in the description of, or failure to completely describe any premises or <br />operations intended to be covered by the Coverage Form will not invalidate or affect coverage for these premises or <br />operations. You must report such error or omission to us as soon as practicable after its discovery. However, this <br />provision does not affect our right to collect additional premium or exercise our right to cancellation or non -renewal. <br />8. Transfer Of Rights Of Recovery Against Others To Us <br />Replace with the following: <br />33-0729 10 13 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 6 <br />Used with permission <br />ATTY/AGR.2024.213/Ocean Oyster (2107 Broadway) (Page 24 of 27) <br />
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