21.04.27 MA CCM Events AVOf�I
Zell TOWN OF AVON SPFCRI. k:%'F:%'t At.NEITAW'T
FOR TIIF
11 ON'ARTS CELL'8R-1 tIOA'
1I IIN iit1-10ME:sT ("Agreement"1 ts a kk and entered into on .April Z?. 2t)I b) and
boss a cn the twain of Mon("As ore 1.a Cui►rra►o himase ruk mratti*i palm, ate*! CC M I-wnt•
( Prodecer"'I,►ndnuitulls referred to as a"Party-and collecti•cls referred so as the
-Parties t
In consideration of the mutual promises are!Agreements herein czwtaincd amKd kit uth.r good and
sabuMc comid nown, aad on heal(of thmsrlsta tb:ir st .cwit'anJ ,..,gnx. the l'artxs
hereto air ,is kl1111w..
RECITALS
%H EREAN,the Pmd uccr filed a .'u.'Y)Vet isti L'rtnr Fan►t wg Application ('ZO Z Prnd.crr
Appataliaw"1 kit producing the ,Vson Arts Cekbrattson 4"F.s reek and the Mon l'AS I
Committee re%►c cd the 202 I Produces Application,and rocontaiendof dates and sir funding fit
the I:•cot to the Mon I ov n C.n II. and
N IIF:IIIt:AS. u is the Patties' ementwm that this Agrct'rncrit defines the duties.obligation. and
(. :wits Nfth respect ii'the peudU tHm GM( f sent io ttut it a conducted in a mannci nna
Jtnztton to be established M to* PNflcl.n1 so dam thisAgreement u consiw-nt v.ith aea!
kiwi arnes!PI the ptr•.s►ans of the Mca Mttieipal Coik•, a ma? Pt applicable
NOW. 1'HERFFORE rut pied and .aluat.k consoJaawn. incdudmj the rttutwl prosaism
contained herein. the Itiaenc) o(tsbarh is s*1► n%lcst$ct1 and a:c pto! hn the k'.uues. the
Parties avec as foll.r.,v
TERN% AND ( 41\I)I I II►N's:
I. ♦Pi:(. 1.11. L% ENT PI It%III k tctut►utto(this Attorment +!tall .un,+t,tutc issuance o(a
%pci sal F•ent Permit. Mon ',Anises tlrc S 100 application for pvuuunt tag As on Munic's*
l'i ode 4t*bon 9.41.040
A. Ilse Premises for &i F ss-nt u.de-waited in F'shibiil A: Dc-.crilttis.a d revokes.
R. Ibis Penult grant. Producer the nght. and iarp—s the ditty,to use the Prcmascs a•
&fined in this Atreettion kit the purpose of prY*,ht.ing the I-.ent. as is morn
speiit►eall) descriM! in Ethlbltt a: Esesl Dcxtirtsatt, sublctt to compliance ssith
the terms and con.liti.tts of this Agree xnl The dates and It nax of use a the
Premises,rc described.n F:thWIt R.
Arts coittsrarl.w 2021
A'nt 2T,2021
Pow I d 19
C. Producer Is in receipt of the Pr►►dav r t,RAAtr.nhicti ttwlucks State ('owes) and
Mon policact pre c rs. permit applications. rcgwresssrnts and nareelout other
Mi►,rmc dnCIanrnts box Producers to a,+•aat them when planning aid producing an
f:sens in As,. Ks w nine this Agreement, Producer acl ise%lolgtcs the? Ruse
resienest under'-usd Uhl agnms o►- abide Mr all rcgwtr roentts, polK polices...tic. pew hied
for in the firrxl.us r 1 aaAX I he Pro lif rr.I� 4N i.an t found at
t>t. The Crhural, & Special Fseems Manager t 1 sent Slaotagetr`t few Aso,is l)untta
peanpeeo. Owe Jaall Sc the primer) apt 101 Avon All rcicrences to the Fsrra
%Lana f1fa in this Agreement ma► also include the t's cnt Maager'..lesiltnetel si The
I ►citt Manager has the arfOlefir, a,MUM'and *UAW mini+ t timetame 101 receipt
..t doctinnents or Cscnl plate.
♦�. Pr.►Ju ct mr trcyucU. in a rrstal of acatha, torcioccn:ir:u tanccs►x
uttasttuplu: rents,a change to an) stated tame en this Aprccm nI and or a chw s w►
the Premises, Nhi:h rewired' shall he subie t to .stun apprenal h;+ E snit %tanager m
I'scnt Manton's sole d►.trctt►►n.
2. PKFA11Mr'I 11sPI(-/1n' & l SAGE.
A. Pfe.I:s eat laspectiats. Proleces and the Event Manager shall ,oswtls perform and
dokurnern a pre-f-sent ter+pertxm of the Premises not Liter town 1u4 22, U I bcIurc
the Premises arc rrieneel Oo 1'rrhierr Producer a►knoesicslpcs and agrees that A•vw
is pie-wanting Producer to tie the Prrnuss in its"as is"aor*letiun and the Avow shall
he under no 01!l4ation to replace, up6tade or othcrwi.c mdah the fatuities
IL Premises View. 1 he t'o1k►Aw'* ga.delttias shall he <►h+cis eel 14tr u uc,,{the•
Prrmi+rc.
I) inducer shill not install. place. .ns:nhc_ paint or.'ttw-rwtse attach aril shall not
(+crr.►tt alY► banner. sign. ad,citwcmcm. notice. marquis,de ironing on or .nilhm
die Pas then. without the prior tt+w and comment su As on in cat* ms/arwe.
tit Producer shall,at its wan►espcme. pnve.ek and maintain in tint-clac+*.•aa><b►t v+
all remitted signs and shall. upon the ever-awe of this Agrrevreent, at I s ossn
expense. prompt!, remos c all wait permitted signs and rRuir an) damage
causes h, u e tl ensutfation and or n;enu%al Non shall has c the nyh1 to moose
all n.en-remseuoi serfs ssith►iul notice to Producer_ at the Ccpcncc.►1-rho
Producer
IJ:1 ProdeAl-r Aid out dnle locates and,ex stakes into the grourul along anv
p;dha sss. ashlctx fields, puling lots of pass" arras r,Tth nixie/round
.prtril►er ssswirt uie[>r peeve permission from the t sent ‘t.tnager
(i1 {'refuter shall not male allaat►uus. additions to artepers etnents on or to the
Aorta Arta Calibration - 2021
Apra r.:►21
POPP2dto
Pis ilw�n without the prior wnticn consul•'1 A%un, 10 include. but no( limited w
tenting. cakcting equipment and portable facilities. All such west pa-matte:I t,
A.on shall be performed in a gored. safe and %•atumnlikc manner.
151 I3) ceder of the I:ajk fuser Lire Protection Itoarut. Producer w lI more Out
NO I IIEATKK'AI Sfil )k1-. without aisproval, is bkw►n vo the i'asilion and
tN)PYROTECHNICS(N ,t V SORT at to he&tinwatel. lkror-atist open
flame. In pots. pseio-urs le heaters and or fire performer, are only permissible if
pommel tfisuu►;h atsd a f, *'s cif M 1 1t Riser Fitt Piolcct,cm District_
Cookies od am sort h, hat plaac. open ilaime. grill etc. is not allossed in the
(liven Room t including the rrstroom It
(h) To the cause Ikcre+od personnel, loch as clertricrani. medical.cutcrpeni'
R'sponse or health offload.are revered to conduct certain torn OX*Of
inspection*,Producer skull abide tM thew knead and State trpquliCmeres.
(7) Producer agrees to use its kd cfkats Its retain s0111nkrn and prd amtr from
qualified prturot remains in the limn a(Ason cat I:agk fount).
f; . Pot•1.s COI 1 a.pcc hlurt` Producer and the I sent Miniver shall jointh perform and
J►cument a postfiscnt inspection of the Ptemises not lain than )uh 't+. 2021 before
the !'remises arc Muted! to Asem Producer shall pmmptty motif) the k.stnt Manager
of ins pohlctns is damage that man Itisc occurred during the 1-scat during the issu-
e-sent inspection Producer shall be liable for ens damage to the Premises and airs
adjacent As on prcca its causal hk the mstaIlat.00 oe remiss al of am alteration.
addition or improse scat. t\so►n msty art hi repro and miscue ass, damage cause! M
Producer and Producer shall he liable fie such costs. inchishre rricon k attonw' i'
fees and erne16 iL+cnlctce this agreement.
. SECURITY SERVICES. Producer Jell assure the l serf w ill *operated in a safe and
sscurt murutrr aril pros sac for all x'euritr needs kit the I Curttt*is for services unit
the Prcducef s scs unts agency i s)and procedural d cinnent . if are. stun he provided 10
the I s ent Starugcr halm-Ilse(4 c 1 Jays pray to the rust disc of the I-sent Sei.larih
rcpareinents skull na►xs the audience profile. Sos oral seen we feginfrfnCalig tnchafe. but
are not homed to. sccurlt) seeds for aka labs.euti'rictnent of marijuana resion.Uons,
:sired management Including Licking for mgtwa and egres+. Io* children peotocot, kin
and tivaid pry*nn,l, ours file security checks, treississuti. %tattier incident, and•
communication prosoc.il tor law enlireemera and emerpencc to•pcinrvic agencies. Iaciudtn`
a duds of command V►hen °mesas. %c cout: tea tran k ar uui;rmcut Our, he required.
including cetensul support from the Colorado 1) partnered of I ran+fixtatMM, Colorado
ltighssay Patrol and or 1-elide Counts ShctiiY•s unite. The I.stnt Manager shell rt+rrw the
coetrsct(sl for srcur+ty tees ices I pencrallr within fihetn(I S)busitses.J.is s of receipt by
Ason1 aid Mall pros lilt.1 41cc to the Producer of and concerns. Avon, in its rode
discretion, 'dull determine the nismh-t of lass enlor.ement officers Asian will pros hie for
the I'stnl :\sun lass eativnemcnt cast•nuts he includkd. is put or in %hole, in the in-kind
SIMKes pn»i trd M Asoa if applicable Ii not pros► ed as art In-kind %elace, an pan or is
%.so ins l Orbr.rlsm WII
.pool :'. Mt
het 3 a II
rstw�k. Proikacer shall he rc+p►nweabit Ike all aslbaractsees1 v►rth Avon prnsidin
enforcement ornccrs lot the I-sent.
4. `ANITA H)N slti Iu:vfll k('t: Rt.('1)% 1 K1 , l vu dt ti hall prcr►sdc Ibis the var+rtat m
171c1I11K'�. feSoli ►c mos etl Ic•►rt$postattg and rec cling I, .leartl.rness and cleaning nods of
the I-•cut Contracts for .ensi.es sot%the Pvoduccr • .ans1*.s'n and rcs•_'ur:e ns,virry
acerncvcs an.! mii.e lural document., it arty shall b pros Wed hi thc I sev* NI•Itui.t Is►ns-
ft v c(4 S)dal,. proof 10 the first arty••1 the I-sent_ Ceram' •cr' Mull corer arse.►
.0 nagrin c , tct cling. concaving wing and dts mums rq' isling, portahlc ri itroorns. ptisanits
and Pavilion ckaning aid all perking l.►r. .ewlu.kd in the Jclinod Prcmrses. the Firm
Manager shinl rrv,ca the contrasts for orate t1,•cacrall1 within tltytrn 1 IS►hissing-N. . s's
aim-opt h. •sv► III and shall notify the Prsduier oI am ciinsents.
S. MEDICAL AM) 1'%11:K(:1.'( 1 KI•NPO\sI St RN l( I S. Product shall ru+utc the
I-se t shall pens tile hit s 6.sibe mt'l.:al aid onergear, ncea•and response nywiacrncnt-'i i
the F sent_ unless %lies ed lei thc FACIA Manager. Comforts for services ss sth the I'n.0 axe'.
ernergeir response aijc rc.And pnxedurai Jtrl umeae>` it an' shall he pries pied to the
I sent Maattder tarty-Inc J414 days prior to the fire sac c•(the Es sett (In-site medical ski
enientcnci personnel mini he able to address on-site response kit aitcflkc. v,l>,► an
c.prnencing Iron eshaasaism, Jehs dratioet .cs ere a►k►sr:ation and or arc wader the
influctt c uleuv . ate injured on site. saki) Lighting a Naha of ingress mrd'cr eprss.
%cathcr incident or am other medical need. thc I:vcat Manaiicr J.rlt rc+.cv► thc
cy•ntractt s 1 kit f ftcc r 11,1 business 40.s►t ri—wpt by Asuci aid
revs s.k rss►rs.c so the Pn..duact.,t astn c.Kxcrv.
6. P&KkIM:. the Producer .Aldl mishit parking lot the ksent m acccmd:Incc v sth thc gable
trlsya, II Producer uerlirr a fatvate mist* kit bs samist) ttht parkiesg, Producer
.hall he resp►nsib or in pa. :in. roes to w:h pns ate pail i ng kit oss rs►r and shall prosaic a
ai + o(a lactose aro-minced or 1 cinperars 1 i.c 14rrtut .rn1►.atint; Producer's perms:wain h►
use such poi.ale Nei►ng Sue as least fon)•frvtb t 1 S 1 ad!s Pr" to 11'nsr I wilt- the [At"
Mawr shall ors ice► the is ntracb for partying(genenfl' u tlhrn fillcscn I 151 business da+•
sit resetpt t s Avonl acid %ha11 motifs the Modem of ans concern.
Amtenaanc. Parlun1t>pat• trt••arr
t.$00 cr kwes persons •N
ter' • 2p00 patrons )po
1.001 ) VS
Jpos a V ttmei Tao
7. AllirtiFILD ¶OL 14iQ1. ('reducer acknov►ktivr that sound chock._ pcilortnara xs and
arsooneement• mats rsysurc Asco 1►w►t7('s►un4►1 approsal pursuant I. Stion 3.2$.030
tine Avow Municipal(*.sit and as maimed in the(Wow l'ie or Arnpislsid Sound Symons
.►1ttKin S of the Pn.► m'.i • trAil'Asr As on masts to aaisc the S'S fee
a..►s..atod smith the .Anrpl►tisd Sound Permit Pr►ilue r shall atak h, the lolkvaing
rllpu reme is for amplified sound
•
v•.w Ala Cabbnallse - >lt31
%p m ZT.1ta 1
Pow 4etle
A. Sous/ f littks: Sound cheeks aim perk-rillti clout s it9wn four 441 hours of the sett
►sf the performance.
IL Pettormastt Thence !)rates and times of all pesiiinviinces ander artmwnccnients w ill
hr puss rdcti! to Asia'as i,on as •t+alabit said hued on f-sent at+w>ile and nw/►ctut4
collateral as applicak+ic
C. Sassed •'Auatt: Producer avre+es the salmnc lot an% round check and perkine owe
times will he moderated to w hia s c the sound puht needed foe the User*er►t and shall
toissi brine of the sumwnding ntiirhocsds 11!or I-se III Manoecv sous the
.authority to require the s nlurr►c k► he reduced a an twea Junin,: the I sent
It_ sound I'I-nalts: Ptudusxt acknonkvpcs and aims-. 'tut strict adherence to 1k sound
check and performance times al'l'r►'cd in the Scam! Permit at a nriatcrml tarn of this
Agreetncnt Prrdu:rr shall lus , penult of nnc hundred dollar t S 100 n01 pet maw
Sur mash-. puh1's. address jnnour►corricnb. sound ary other amplilicd surd
that occurs helots:at alter any time loud in which amplified sound is permitted or
ultrh occurs alter the Ts CM Manager has required the soIunic to R reduced.
Producer acknowledges and apces SO pm the sound prnalty assessed via the release
.►f the damage skpii it Of tekvse of the I-s ents final tys mc*+t in assool utcc with
Section 12 A l t), if apclscahk.
X. ♦ I _i l)Ok I It f ♦s I /. X s %I I ' 1 S t S. Pmsisc r shall lstus IJc a 01 s ens►Mes lit
the I s cnt Manager b not sand than thin) {Ju, business dos pniw to the tint da) ►►t the
I-sent. mi. shall update the lira of s endues up to the date.4I the I-s ent and shall follow up
after each I:%ent to sail) what scndur• were tie attendance kit mar,.LIN putp,wts Ilir km
shall incline all scmlurs.e‘ltilicsrw sfwt%aws and non-profits. ovaged 'ma sellimit food.
h setupe.ttacnharih e. wares.admissicris etc.daring the F smut Roe scm&r list a►>II
seclude_ the Nunes*name%flu. physical address, mauling arm phone numher. email
address.contact.and ty pc of arils it. Pissisa,er shall register (it a Sales 1 as I Kam with
the Tows of Ascots_ there is aro tee assessed fix this (.arse I'nidu.ei will he required to
idlest and remit sale+tact for am scndul .is*, d in Nisi/Wks JI the special es era
9. SPECIAL EVENT U(?t'(Nt PFlt%111-. Producer skill M soles responsible lot
identoif)iatg a local Ik►n•rutit to a►yuirc a Special t.sent liquor Penult for the I sent and is
asked to consider .stye or a>wrr c'f the local non.frulrts as the I iquor Permit applicana
A 4icatinn kr the Liquor Permit ;and all insurance and indelinraiesition requirements
pursuant u► Assn Muracipal Code 01 171)shall be the rrspon•ibehts of Producer aid its
non-profit Au oti en sew of process ad Colorado %ptcial I-tent Liquor Permit •pssli anion
can he found to the macr tcw91i1 ProJ cet shall suhout to the roan Clerk a complete
Special l-i errs' liquor Permit Applrca ise including insax,occ requirements M nut Laaa than
5-00 prat.(►nt)•11se I451 Jjs ptuW 4s the !.sent date
.Its, ♦11•11tSN/% 1 It. III i'F.F. VA
♦s.. Ant.(rtelb.aasse :a:I
%ara r.zct
Pap 1. 19
II, ♦IARKt:iIM..
A. Predate( kespa.asihdih. Predict: shall implement Ow Marketing Plan. v►1srr:h Nb
pros kks.I rt the :f tr PrnJaa-r .4 pp,k ain,rm and att.a.rid so this ,\grecantist as t'tsablt
(': S1arkrltnt; Plan_
(I) PnwM'ct shall oilstone a in all media notification so attcrxkcs tltc ak1.d and
rrcreetionad marijuana resntctio ns. trs.wrce rircm cr) t'rsontict. puisnj and
transp'rtasiima slams. no Jogs ctcc t rrgtsictcsi rcr%we dots oa a leash not tL•
earned list 4 s 1 teei at the E snot and all other matstrt deemed ncc cssar. h. the
I sent %tarut;cr kit Ott *hunted tnloemassonal needs t.t F sent attc*kes
(2► II Prudu xt&st rs to product harmers for reomotional purposes. Assn*all
pre tide NEC rr.raircenen t, rnsta I rcmcvt c the herin•rs a% pan o(thc tn•kind
mitts in the krllornint; kia-ations As Oft Rea! Itridie Kanner op to 2 Raea►'m)
at hi Ason Rid nwndarboats Sup ti 1 Irgiss p ikst and arc Ivsoi cii asaiLi b1�.
Pnudapeet and :‘s.,n stall mutuafl agree to the numbs-cusp so 21 kw-A*1n and
installation of such tsnntn sts shell as remosal dales ,.arm agrees to %airs the
SI 41 hurinr.r appls;art.nm lee
(t) I'rssJrw t tto pro%►de As on. h. nc*t tact than stye) tolls sitl s aflcr Me
F.cnt. not fewer than fist 1 cl prt•tc.s;nal 4ailih rct+rr,duc* c photographs aird
not less than rancid tics % oods ut edited video ttsmn tht 2U21 I.scns tar use In
Aston in ans weal all Aso° marketing and of promotions. which trial incluJc, hut
is not Itmtkd so pant. ach, .i sal me lu I.tunnels.etc
It ♦r nn Krpoe.thsllis.
t I t .\ .in Will pi•t 1141 IL. ..elrblle.:onto*. rm.'Wed front the htaaiwtcee/. within
fificen 11 S 1 bustnca.Ls a atter mewl of-posting mat," mMenals from the
Pita per. C'r><rtcrnt ma. We:ILIc a highh'rrsnlutiun F sent kip"and up so liar 451
pwoksaokeaol ywl.ts reaprr la.tblc pt c ocn.plls and csMAcd r sJoo.aco a etemd
ninth tl ft)socvtat•
(2) Avon atoll ditscmtnae Ptudu►er'prepored press releases and Tale mac( share
Faech:oh and Inatagram postings_ as wNNt raKV►Ak, once recces of from tlx
Products.
.
(XI ,lanai ait1 list the Usent on its itchsitc ew t11nc awl F.sent Landing paKc anL'or
t scats at a tilantc lamfalg pig( vary toll)J►+s. attrn.iutiud ul this
Agreement.
44) to addition to the "I Acing* Admissions-ailinxteed bs Resolution I i-It, As+tn
will make asailal+k up so thine huedecd(i00)additional 't scwrrph single-ital
• admisuoas tCunapiim itur to the Produce( specificalh Sot.and'Wetly
I I
limited so. marketing putjr. c'
12. 4%OS (-AMI .ASU I%.KIND SERVICE-S.
4%ea AA.C,W►ara.. - 21121
sty 21%2021
Pagt•.f try
A. Pas meat St►Waak. %1A
R In-/►irad wpport. •%stxt Jail pro%talc support to Producer as shown m
slaohia 1/: .Sson I. 1.ind Dui► w.rt. in an mount not hi a:'scrcd Sisteen-Ifl ked
1S1O.001, 1 ba• l.scnt N.1.asajca shall track the i.-kind csp.-nrc+ .u►.i mini" the
Produc-er al am eienc the sward ksd is hru approached
1 A. A•'Of BE"('I-1Th .Ui A 'POiMOR.
A. ( oat pions-ntary Ads ertisiars. Ptu.dsiker shall Finis idea w.tspfete list of spon.or
benefit.at a ki el cceorncri+urate to ►►that lame spew sts and list of fulfillrwnt
benefit., vsbioh Asce shrill resewe r,ithut •tfisc(4%)da)s of cicevssion 4if this
Agr.xmcnt. Should Mon he cradled to ctituphmeniar adseniatit..photograph) .r
other media rsp►►suse in an, of the 1 seta program err s$hee informal/36gal materials,
Producer •lull pros hie Avon all prodiactu►n s{m:ificatiuns and ihraiilincs a miniatwn
►>t , ,I1 i1►111 dens in a+d%at.►C of the poiNtwation
1t t n..plimrntsrs kdiwissioaan.
14. SI IiS'I 1. Prtuikaea shall crtidux* a Sailer lost-es era %un e) s.t entatd. Tiee suns,'
isystriaiic nt quexk►rn. and i haul report shall he rtus idn!tic+ Mon vs ithin dirt) t O)des of
thc last .lss of the Uses*. If Asti secludes the I:scni in either an on•siac iar:recv .use).c
a post-es eat *uncy ♦a rn ail. Producer shall grant accvss to Ason's sines firm. Mon
shall retain and Pus c eronerJiip lid the &ts collected i•s Asu&and.the s:+rse) iSKInaltaall
yK-sti<nrs and ite►al rsi►tt shall be pr\►s wind us Ow Pnolueer w tibia sixty 460)da>'ut •is im
mocha init the final rerun.
15. ro» E• I'.!II i DEBRiEi. the I-sent Stamm as Pesach.er.and rr>prcase I►c, stall
sad other As on rrl rsr.-mmtscs shall meet On luh :4 2021,at 9.40 a.m in the Mon
loatt Hall to ncsics the Fstat She muting date trim he chan1cd r.ith agnett nl i►, the
Pania►_
16. fl AS1.U:f iw Pt►%1 i. Pr.odu.er shall pas a damage deposit or other scz a.nh uasenamcmt
.►t t sets t twscsuid I X-1 lan 1 S 1.Ui(U)001 p.y phk bet the !MAIM od Mean tw I..tc, thus, ter,t I 1 t)
bu%inesac rim s ilium to the aciprosed I.s erg ksa d-in dale ttrtne Mina shall retaan the Surwpe
deposit ssi*tim shirt) 4 14 t dal s after the Esau.. leas am raster awes.clean-ul►.. kx other
costs incurred Pis ,%s►»t unless ,%u'n dmmnine*that funds need to he misused longer to
esalua a the tnlcezlrd u.e.%of Inc funds
17. AS'OV 1 It AIII N1A14k%. i it ioom of Asua's si)ndwes.Ivan. graphic.. foots and
colors. whaling such muds aesacstiaw'd v.ith the I-sent Iculktlisdb relayed eu as
"Maths."). are set forth in the Brand(irsiklie:.-s as ailable is the Pnsds.c.r'• Fault*.
Asvn's glut.arc and shall remnant the 9+.4c and csclusisc pro. 'rts u( Aws Producer
dill Sol b iki a11dl out *s Rasing arp oi.cnc*Jxp rights vsitd strut to 4siwi'. \tuts cr.
i)ft, except as auras he .q.ei-i1L.allt granted hereunder, aim oilier rights herein Any ..atop err l
Ales Alt.CelitAtisne 1 - 3121
April 2/.MI
Pap'of 19
rtll asaoxiatscrl Kith am iaich rights shall inure die cth and csclusi.el? to the benefit
of AS s►n. Sub$cct t~s the retorts And Cii diti140 of thin Agreement As on berths Francs to
Pn►Jucct 4 nano-c.d sc, wrii-inlinsicraNc. revocable led limited lii,ensc so reproduce
Ass'n's Mots in connection v•ith 1 I►the I.cents and,421 cam ing nut are other Producer
obispli c+nN undo thaws Agreement 1%Left as c-srrrssls parodied hereunder, Producer
bertha cost-muds:u.J agrees that it will make no use.d Asoai's Marks. Producer shill have
no right to traibbccrisc its rights mkt*as license-. Producer's Inc rot Ason's Narks shin he
slnctlh subject so the Mot tAtifcn apjri►s a1.►1 t!t< I soot Alanaic', %kith limeys ai man he
gran$oi oe withhCIJ in 1 stint Alaager's dis-rct . tiotv.itl'unding tones prusisi' %'b knit►1
10 the cunttan. pri►or is"Pc pruning tir rt Tndua :it torn Aston %larks pursaanl ac thr.
Agnewirnt. Producer shall iris idc Avon w►th . npk%of ail such nunerials far Ass+a't
rrswv► and awns al re di approsal. Airs trademarks, logos et other intclk.uail pmpertn
iksekiscd Its Asian or bn Prrdurer in aoerre`tion with Asan-s lalnts sena:!s roe,tdcd
hereunder shall he the property of Aston.
Ill. %II)IC41.1T% ('L.kI SF. Pnsshi:i t ati►isoss l d*cs tlwt the 1 ovn s,f Aston'• image is of
isowneasurable saluc to the Avon commwttq. if al at time Prndus*rt, do, performers or
artists, or the sub-contractors hired so *arse of suppun the cscnt_ has an incident
occurrence or pet*: disclosure concerning a sYlemcat rr senor that loran!. ► i .hot L iota*
or offend* As on c.,mmwnt or public month or dec nt". including hut not Iiirnitoi
matter. ',noising discrimination, sexual lrramaic's. or alkyd Won? acts.. which Asrti
prnccise%as rttlec-tirg ngptti%ch on As►a%image. then Avon m rs restrict Producer front
using sues performer. utrt of sub-contrar-tor.of in the caw o(a mane in+ohras dot
Pin Ju►-et. Avon ma+ ►knwsJ assignment of the 1-.sent to another poi died or mats elect M
deem such occurrence hs I'igkimti as a material urea h of this Agreenicr4 and man clod to
camel the F.sent in accs.r►l.a.:c 22 I snit('gkXIlati..,n alter pros Wing notice
and cipp.wtunits for cure
I'. ISl9:A4%1FICATI)S. Prti►durct airrr to ralemnih th. IOwn.•1 A%ten. its oflirer.,
agc+as and cvrplosm. aitd to hold them harmless against am .end all claims, anti wan
demands or including att►►rrie? lCt-s and mart costs, Ica intim,.death. tan re of
loss to portion(*)rat ;Wolper() arising out odor direct), or mn.Iim%th rrsultiltn from
Producer's ached%or anis&icm in c►uncttuxt with the cc>odieu t of the I-s ent.
21/. l'%( KAVI'i Producer shall obtain general Imbibes inwan t ost1are within thy
minimum Boers act bet.ws nanang Ns►rn ass art additional iraarod, aid. insuring Aso%and
Os oiTtcers. agents toad cmpl.►s it's against am and all Iia Metre and.iamatp,•s w hiclt s
arise, dtrntl) or indinMh. (tont the(01111uct of tdhc F Solt ir'tuduxcr trail 1+n►s nk.I
cc rt,licaet of-additional in/kun t to As on for its rrsico and r xerds. I he pries dates shall
outwit the entire raw of Juice for ohtch Town of Ascn proptm is uxd The mininturi
limns aid requirements of the oostrae for Ice;than 1,000 in attendance shall rnrkak.
SI,(mO.G))irr crcrrTence pnnum cos mec. and S2 tX l000 and al agsrevite, L(14111:.s'
vs omen notate of cancellation:, host aria pcncral liquor lialalit) isk urreavoe tan due same
amounts &lane tl 1pplicabk: S I.000,011U personal and advoltsansbladed Ocneratct.
and S50,coo fire ilarTUVC rot attendance ljrealcr than 1.01)1). the nyusrrnictrts arc as
e foll►row
)4. A►t%t .bhranw - lull
Ord r. 202 t
Pap a 1V
AM.Oiants irons NM ANr♦Ma Mule thrtiviat • _ MaowioNs •
Qcturieodet Lena legertnnnp
flaguirermards tI
t 0oi0- 44(1) 1-tolw 3 tip u $sit),CO2
ZOt:1-3000 Liu saw VWUMssoOX itt.
3.10t)'1 _ i u > vs/ !t W j 149 xe'
Producer shall prune sic to As on pivot of Q'isnprrlrtrashr Aare*iPak l_Wbiliri rnsurancc
Sot ens mowt •chicks assncd or hind l's PosSaa.ci of its°(bees. merits. ut empkwae•that
are used as part of the IV sera the insurance ;lithe! shall pats ide that it is pnswn
insurance and that it%a.sCrage Mill apt+h mor to utilization of Aeon's gcrostal b is
cowngc. Producer shall pros kit written ss i►lcracc Cif all insuraniv crepe Noiplitnld m
this Session to the 1.'t•nt Manager no later than Chart) 14J deeps pior k► the lint da} of the
I seen All rtywsoi insuraancc Bruises shall he nun- an.cllahble i hs'sst thin) I Mt)days
prior*linen ra ticr hi Ason Pn ihwer shalt OM he MacNeil cod ataxy IoMlitts,clams.
►eman► s, of .'islet obligations aroiamed purtssnt to this Section of this A,¢acmc* b!
reason of its failure rs rocsre or maintain ulsunent:t sit M reason of its failure to procure or
rtwawn insurance is sufficient alsioasth.d&ntion.sat his. All subcontractors ul
Producer shall he'Num.!to list tfhe knot ut Awn. its elected ot!icsats.officat.and
cranirkfl et,at a„ i trond srwatd and pttr►wk the Appropriaac Ccn,li.Jtc of
,Ason WOO rcyucstt
21_ KFI.i.A': Of U.4811.171. Aeon as►s+ur.c+ no ►evonsihNM! Nltutt►viet lot an1 non-
municajaal rropert) plat-of isaiif P a iscs Priskfuc-ct berths ctprensh rz lasses Ason twin
ins wid ail lsahihiics for am line. Wynn or%inflo cs to an person or propene of Producer.
us empt4')cz-•, agents, ct i e-w►iitifes pertiortmer. atrientlee, spectator or other ins lice that
nurt h %attained by reason of the oectipano of the Premises under this Arrrntsrnt, nog*
for the negligent acts a Asti or Its o11•wcM atgcntsk cmplwces. to the fulka cstent
puma 1 i by haws i'ttsdIa ear •fu&l uwletne.fs. defend and hold !armless Atun its men hn.
•ITilaatct, s.lrras ts,directors. poinne b. employ)ers. saes.s - ln.m and alpainiu all claims.
damage., losses and caperttci.rescludintt but not limited to reas._anahle atk►nett lets.
anting out sit the perhorrsanet t►f rhea Agrctmcat. pros tdcsi that in soy h claorrt. damage.
Lots s►t resumer is caused 1w an negligent act or wwtw$un of Producer. am one drectit or
indirectly cni�& eJ N Prw.4vcci or anyone for whinge eats I'n pacer flits k h.ahlc,except
Ii' the extort ant punkin is c.uasd an pan h a part) iarktunitacd hereunder In the et era
the Premise.or am bran theTmf it dismayed b) tier or insert natural causes or if liras an)
other reason, Including strikes, failure of utilities. which rr•ults a canccllat>•Y+.rt the
I sent,or starch in the judgment of the I-srent Manage, renders the tut ftiltmcnt sit this
Agreement b! Mon Inpuwhk. Pr...twee herein expreish rvIesaws arr►f rf••.hargts Olson
and its uflkrets. vents and cmplos ces tram am anal all &numb,. claims, liabilities. mid
cheviot :aatoorts arising torte.ut, of the causes aG*r wl
22. ENT ('.4S(t:LI-4110 . the I.sent ♦larlagct nv) cancel the I.t erse it marinas otnns of
this Asrcement arc sot yuh.uru.ialh fulfilled in a timely at►inncT IA m h it lurcseen to result in
an came v►hich naa) tvinpmnae public saki) or vsPtch aril! neptsirh impact the reputation
\ ..u. A.*.t-.tlrtrslt..- 21$21
.pad 2'. MI
her tru1N
the I(shim of Asia',of en the civil of at unlorr_secaNc es ant he,►►od the reax►naMe cttr*to
►•l the 1-.sent Mango t* I os n cif.Ann, incialc.ssitheitai Iimtatat,wt, ata of naorrr. fire.
c-sploaboak brining. abut dts{oatc`s. inks.wt. of telfof. cpid.-mws or fuoJcsawes.malarial
shuttair ca unanailahilith.on laws or MCI;ulatta►t►s,of nag or cisd Jnge del t.eutb a
owe %I s c.e I-sem"1.5Ynawkt Avon ckrm ant torn►• tem%cal this Agreement taaafultilkd
or in matacrial Wrack.As on %hall gts c Producer writsai n.►tiet aril Producer sltatl has c Ih c
t')h sarw vs dar•tut such longer taste as mut ualh acres.!!r► the Pattie., so cue vu:h t►rca►h
'Should Nudism/ cure. this Agrontactx shall .untuewr in hall I01t aid effect. It Producer
.aacc4s the Uses*. t 1 flue Producer is aea able to curt and As on elects to terminate the Is stet.
a t1 the I_•ent Marea>fgev or Ion of As oft catwck the 1=scnl due to a I me %Cycure l-.cent.
thctl(A 1 AStill drat' remit to l'nducxr ill dmosits kse aro 1-s csa related cgs:miaow
mom!M Aseih. 181 all funds pros idc d M ftts.sn for the shall he returned m full,and
(Cl if Aim has dcdicalc•,d re-ss•rrroes taw•ard pc ii tWo and cawcdlatisin m less chin nincr.s
(90)de!. poor to she first klos of tote I sent_ Pruduact dull r s A.cs a As a th.iutand dollars
(S5.000)as liquidated damages v•Mtn ten 1111I dui•. pss:nt►it d. hou►csct, that in the came 401
Dive%(ajcssr I-►rnt. Producer shall not he 'wooed to pa) Non ant pm)into its liquidated
& aces: and all such funds shall tar prosided to the other Part) within dart) t .0)das s of the
.ancellattiun. Aatq funds not n-turncd to aril texciscd! M Asusn shall hu uttrtesl a the rate
sir forth in Awe %tsucipal tank Chapter 3. 2 - Iroteneitt N Paw Due ,Accesses Scithci
Harts shall tv hark to the t►thes kw ens lost twilit., lint reserves, cwtwquet,taal of special
damage.as++ ts-.ult ut can.cllalNrn
21 MI. til('IP,AI. 4D0E%Pl. . Hits .\grecnsert is .uh►,ccl to the %Ions spctl Addendum
attacticd here tO as .kshiendtutt A and magic port 01 this A`eesseut. the terms of%loch .hall
arl. and supersede ray contltaltttg teM% in the hod) of this Apealitentt
24. 14 1 f 1C'.S. An tudtct to colter Path svvkt this Agarement shall he in vsts1ing arid shall
he •ant to the *hires es dcstprutcd Atka•, Notices t» e-mail .hull hr Jetmcd rrceiscd
r.heft .,:{►ttt►w ksigssl hs the rt.:spits*
Producer.
Darien Skankm
Ct SI Estill..
4124 ti Cults. Asenue
Ik scr.(TI) x02_0
Taw 1.606X
dbtnIII tr attic lrtt:um
Aso.:
Iunita I>tntpac".CASE %tanager
P O Bo% 97!
100 Mikaiela M al.
As�►n,l't)81620
(9741) 746-40m1
klrmp is as as on.ori
•
11.... ♦A.t ,ek.hos 1621
♦pre 3". 2021
hip so a t of
cops 11):
Paul V1►,&*. limn :Await►
1% N I I 'I *v• kS Ill K1:OF the rank -% Mufti° hays rxrcutcd this .t retscwt the da, and
.r.r rr.t •hu%c written.
IINM S 01 k%u�
Ij. aid Thttimilb Its C.4SI SIanaget
fly Ude.
I)umta I kmh•c• ( .VhI Manap t
PRODUTR
_�/ 1 kilt- ///)/
Now Doiert2 (-K4-4,sefrv .
ride: f
Ales ♦►t4 l g ktw aS s.a 2�111
Ap112'.MI
Pap tldl.
'nl}iNnI Mt .A: NII \I(-IPAI. PkOV'I%O%S
%.I. kddendiatit 4 t gm lreh: In the event the tcross and conditions 11t than 'Wdcodum A
conlb't ►a whole Of in part %kb the term.•an.1 conditions of the 1gnrement_the Ictms and
conditions,of this AM.-nibiitt A shill control,
A.:. tie V1 skier of Ggtrtrntntwtal Ialntmimeo Nothing m this Agrccmcm ,hall he con.suue f
to wa►•e, 1tna&,or others ice- n...lih in genera a,cnt.11 tttununit that MVO he available
bs lira to Avon, its ntlicials.cmpkwres. contractor.. of agents.or an. .ahct pawn ag,iing
on behalf of A%'cw and, in particular, gt,scrnmc dal rnmumt) affordo.1 or asatl.thie
pursuant to the Colorado t.itlsernmess al Immune* Act, Ink 24. Amick 111, Put ] c•I the
('ok•riaki Re-stied Mutes.
A.3. miriiiiht Miami PrcIducer v►sll tkOt discriminate alpinist airs cmpl.n cc of .uh
ware .lot fug erethltihnaC1tt Ircav+c 411 rear.culog, religttn %es.r nation!origin
Producer will take at11smausc act NM hi en:hu t applicants an: colclrcd.and crrlplo ccs
art treated Junin:enmity,merit without typed to their rs►c.color. religion. ties en nationals
origin. Such action %hall incl►ak. hut each he ltmitcd to the %olioaroll: t7npkrmart,
upgrading. demotion of transfer. tocruitmettl or ircruttme=nt Joist-newts; la}Off cw
termination, rates.►1 pen or°dux hxrat of compensation, era! selection for training,
including sppn nt►ctship.
A.J. ,crtitcls t1 soctwitiOrt raltIlit the Panic+ understand and acialwsledgc that Asom is
sub,cl1 It• Antcle X. :L►of the Colorado Constantin(' 1"1.48040. The Panics do trot
internd t.t s whore the tarns and requircmcnts of T ANc ll hs the citcvlion 01 tins
Agronnent. tt is understood aid Wend thin this °Agreement does not create .i u►ulta lineal
'Olt*.fitVtt cot irtduc.t debt for oMig$ion within the meaning o1 I.Alit 1k and, cherrfare,
floc"itfri utdtng resting m this A moment tit the .-iituran, all pas mint .•hl,WM.ont of
lson art exl+rcisli dcf rndast and conditioned upon the continuing *sadlahilde) of treads
Is and the tern of the ,lsllltli s current focal prtx.i ending up►•+ the twit* vietixtdinf
Ihr rmhet %1 • I inatwial obligations of As on pa►.thk aver the curses* fiscal hear are
0 misalltm upon fund+ for that purp.sst hooch appn irturkll. budgeted. lad nnt*cnc t* male
as ailaltit in accordance woth the ruk>.regldati.-r% and rriolutltxts of 1-0190 elf Astu 111/1.i
.•thci applicable law. I►pin the failure to appncri:csc each funds. this Agrtetnent shall I c
tr7ttiwtcd
A.S. 1:01134110101,1 ufur CoMr ac b with 111szal Aber 1'n>d:,cr shall nit ►now it+l fh
ctnplu} or ot►trtrac1 Math ail illegal alien to pert:.tvn Mork ia.kr this Airrocoscol, Producer
shill not contract with a subioatoratcttx that lads Iv ctr1ifi that the tultic.'eytta.tAm does out
knowingh mph)) or contrast with any illegal aliens. I4 centring into thy. Agreement_
Pntilrcet ccnilicx as of the date of this Assts. 'nt it does not knowingly, cnipk or
contract v,ith an illegal attar who will perform flock Older the public contract Oar
tiers ices and dot the contractor will parts ipatc .a the cis crif program or Jcs runenl
program m t ease b 04W11114711** eu+itnmelt cligibi10 of all cmpl•►iMs V.1/0 are new
121hiredd for t mpl•h merit to perform wort antler thy public contrail R
l.e . s lees. 1 he
A..a Olt t eirt a,s -- 2021
April 2'.lull
Pip. 12 4419
Pn*d.cu is prohibited from using other the c-wept} p ognim or the &fiatInrct+c program
procedures to undertake pec-cmployment se x''nnt of jut%applicants while this
Aireeme t is hang pertocmcsi lithe Pv«fucer china actual ►n.TwtedI$ ttast a
uiPR0OLfaCf0r perfeattus0 Nora under teas Agreement n.ntgh cmplo% or eontracis
with an illegal alien, Producer shall b required to non!) the •ubeontrador and Astia
vsithlw 11 I da)s that Pnahicer has actual know k111c slut a suhlmtrsctot is
employing of eontracting with aft Illegal ahem P,oduerr shall tiefm naioc the wheal/arias if
the subcorrtnattoe does wit stop maple.)trig or tonas:tIrry with the illegal alien ti►rthin
three(31 du)sof re►e ing the a'tace regarding Pnxfu.ct s actual knowledge. Producer
.lurk not tamarisk.the subcep ra:t r1, during such three 111 ds.the u+hcutttru:lut
rrsw asks information to establish that the subcontractor has nog►aress•mylt) empli cf wr
cY•nt tied with an Metal alia► Producer is required so Yortipls with an. reasoruk e
ro& est Ina&lsy the Ik/urtman of 1 att+w aid 1 mglct a nt md.k in the•:nurse 4 an
in•ssugatnxs undertaken to dnycnniasc c mfila ice with dun pros isi'N.s aru2..ppltcar a state
law. II P40(1uccr violates tins pnniwe. As on ma) mining,: this Agri-own' And
Pruduccr miss) he baNe fee acsual and or comsesfucntial damages incuned b. Assns.
notwithstanding aeq innitasion on such damages prwidoi trsssielt Agrcernent.
%Q N xis rt 'r1 khakis- A v►an.cr tti. An. Part to this Agreement of the hrcah el .am
writs Of ,eus txasvrs a this AgrcXrstrcnt shall not opeeaAe or he cvatuttuod as a wain ce r1l.ut,
subsequent breach b, tidier Part). ,As.,n's ap<r1n al or a:ctt+t once of.or I+a.mein fir.
*am toes shall not he construed to operate as a waiver of am reglsts or hrviet.ts to be
pros Jed und:r this Agreement \o'ewc1lnt of tent of this Agreement shall he decmed
to be waned M Awn ester( in writing.
Magagalkil the Parties;env that this ACmcincnt. In its it !half he binding
Won the success. heirs.legal frfar'en'Wttses. and avwgns.
U.lttKtne at Damon: the P.utres agree shut Pluilutrr's raawvlies foe latt1 claims
a+•or-A:d aj.us:..L \w on shall tic I*nrulcd 10 pv+rn direct damages in an amount to cs.ced
a Accra cs Agee under the !Agree:arm and that I sws n shall not he habit- hit inKttr ell.
inksdcntal. spctial.ions yuentasl or punitive s.tnu.p including but not luturscd to lost
proles
t�. ♦o illitadiculnc. Nothing contained in this Agreement N rnlesidd to or
Dull s Me a corttraviu l n tationship with.cauvc u4.a,11011 in la•or of, of dam test relict
foe, an) third part). including an) went- s>ubeon ultant or sub-corrr.Kt a u1 I'nslswet.
Absolute*, are dead-Net. hesselh tans are ,Me d t►> this .Agtr n ent ,'ats thlrs•paart)
receising a benefit from this Agreement is an incidental and unintrn.kd hebd hsrs oak,
A.10. Gas crsintjAP- ems,and 1.e f li to me nil. This Agreement tie governed b) and
iwacrpresed according to the law "t the `talc cr/Colorado. Venue for as action arising
weak-! tits Agrcemcatt shall be in the appropriate court for Eagle Vaunt).Co4orado To
reduce the n14 id &sp ne resolution and to capdite the ireilution of disputes unites this
4,rcemnirt.she Pui.ci hawtu Nacre ass) and all right either rasa) hoe to request a tuts
triala
in an) civil :taws relating priAgreementarsl) so the c d-ores-mc of this Agreement I lie
li
A•.a 4ns c rlraraasw -2021
AM 2".21121
Pair 1t./ 1•
Names wet that thc rule Out .unkg uities is a cumravt ear to be ecastnaed aja inst the
JraitinK fut1) shall rxw aR'i• tat Lhe intetreetahom al On. Aiircessrnt- (MKT than this
Ad&nJurts A, which shall trsassp all ►whet documents.tl there es am writhe* b t*t m the
language of thie Agreement and an) cslrtwl cK attachment. the language ol this
.\ ft . gent shall 1! '%ern.
A..I I. 1u,s Is I u hem' atsd ( led rt►w ' The Panics eadast.md and spec that all ttarnts and
..r11.1Jwets of thc .\Lrecn►c►sc :tat ri>itlrr Clmlimtatd performance.ce. Crimpliars.c,oe gees
hcs and the termirtaRKln.late•►t the Ap nsent shall •uI t1e such W1mInskion sate and
shall he estfurccahlc in the.sew of a failure lu sx com
''.12. 44s5$f*a * Wiring- AM or part of the rights.dtatics, iew nsil+alltics.
oe ttenefit% yet forth in this Agreement shall not he assigned bt Piuduser %sello t the
c>prrss Alsace consent of Awn. Any %riven assignment stall express, refer to this
Agreement_ liciLXtf) thc particular nests.duties.otrligaboets. rRwpcwisiZtilitrc . nr !lentil_+
so asaiv 4. .ukl shall not he cttevissc unless approved to As Mi.. h10 assignment .boil
release the Ph►duccr from pertoeinariee of ate thinly.obligation.oe respc►nuhit,ts unlc•,
Sikh rckw c n.:k ut' cicprcm 1 in such A niter document of assignmerst
1 t, 4s rrakiliQ Ins alidati nt of ant ud the pros isioss air this Agreement nr .an posaipardi
semc+true. clauec. phrase.t* AsYd tgn,sn or the acFh aaa.n thereof in an. gown
sircumstance shall not affect the s andirs u(art ulhct Less loon of this Agere irl.
Astia AIM(gINratlsu-231
April 2'.MI
Piet t4oftN
EXHIBIT A: DESCRIPTION (W PREMISES
Sottin`harn Park Maw Maack held
1)1.1 <<w•n Halt V1'c.t South ad 1 a4 1'rti , I
, IN PISMO
_ * 4
i kl*
z i I
, r er
, . .., ..._ *rs *' W
r 4e 14%ii. 46
Viiir , • 00.1).,/ '
•
Li._ . . . 1011103.1t110110111,
,,...„..,..,.....,N ,a, . SIM 0 POSPOis
IR
\ /(,,
Mew .4rl,(e4,tweliew :CI
gall r, MI
Par. Ig of 19
i:XIIINIT 11; FAIN 1)i `t I4I1'1 14 t♦
V►a are*hviJkd h N06--rose lack the wccxwi annual Awn Act•('ckheatson! A fine art sato*
featuring jwried ucrl►s in .metal nwdiunls to include Irintlaa►ing. a-eumlc . mtto3 en►'J1a,
jcNrle ,snood. fiber. and photograph”. V11tethci,ou arc k * for that rcrfcti t palming kw
our mot bow, a ctilloctiY's picvc for eV call,aan.s h.a/Alfu)cmt-.lf-a kiiidicstittr, dons w
hatnd`raAed potter p.tct. tlr A'on Arts Ccicbrara►et kis just t!R (*jcrt of art kit )uu
I }fie S-i:1(11.l'11Vis USE: Producer it panted the non-cs:luai.a u!c of the fermi • t.q
the .ok putj*e' u/:
a h%cal set-tap Un Jul) 22. 2112 I, Irons 9 O4 am to 7110 pm.; July _1. :021. T Uu
a 11► to 1000 a.m. and
b. Es<nt Nral-dossit and sat cleanup on luh :S. :021 $410 p.m. to 9700 p.m. and
Juh N>h 20:1, Inum 7.00 am.to 2700 p
1:Xe-1_1 1I% F l SF; Pn.M t 1t granted an ctcluseic Inc(r(Ihe prtcutl
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AC OR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)
06/17/2021
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 policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,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 endorsement(s).
PRODUCER CONTACT Joe Schmitt
NAME:
Rick Baker&Associates Insurance, Inc PHONE
�): (303)444-3334 (A/,No): (303)444-2716
5360 Arapahoe Ave Ste D E-MADDRESS: joe@rickbakerinsurance.com
Boulder, CO 80303 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Chubb
INSURED COLORADO CREATIVE MUSIC INC INSURERS: Chubb Insurance
DBA CCM INC INSURERC:
4214 E COLFAX AVE INSURERD:
DENVER, CO 80220 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 00000974-310911 REVISION NUMBER: 6
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 INSD DDL SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS
(MMIDD/YYYY) (MM/DDIYYYY)
A X COMMERCIAL GENERAL LIABILITY Y Y D95783910 01/18/2021 01/18/2022 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 300,000
MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: $
B AUTOMOBILE LIABILITY D95783910 01/18/2021 101/18/2022 (Ea aocideD)INGLE LIMIT $ 1
,000,000
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
X AUTOS ONLY X AUTOS ONLY (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Avon Arts Celebration July 23-25
Town of Avon, its elected officials, officers and employees are additional insured.
Avon Arts Celebration are additional insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Avon Arts Celebration THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
The Town of Avon ACCORDANCE WITH THE POLICY PROVISIONS.
414 W Beaver Creek Blvd
AVON, CO 81620 AUTHORIZED REPRESENTATIVE
4 (JBS)
lY;Yf9882015'AC RD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are r ' tered marks of ACORD
Printed by JBS on June 17,2021 at 04:21 PM
BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT
Named Insured Endorsement Number
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
to
Issued By(Name of Insurance Company)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
TABLE OF CONTENTS
Page
Supplementary Payments— Bail Bonds And Bonds To Appeal Judgments— No Sublimit 2
Medical Expenses—Three Years To Report Expenses 2
Non-Owned Watercraft Under 55 Feet 2
Non-Owned Aircraft 2
D- amage To Property— Exception For Equipment Loaned Or Rented To Insured 2
Who Is An Insured—Subsidiaries Or Newly Acquired Or Formed Organizations 3
W- ho Is An Insured — Employees (Including For CPR and First Aid)And Volunteer Workers 3
A- dditional Insured — Lessor Of Leased Equipment 4
Additional Insured — Managers Or Lessors Of Premises 4
Additional Insured - Vendors 5
Additional Insured —Other Persons Or Organizations Pursuant To Contract Or Agreement 6
Damage To Premises Rented To You —$1,000,000 7
Per Location General Aggregate Limit With Combined Total Aggregate Limit 8
Knowledge/Notice Of Occurrence 9
Bodily Injury, Including Resulting Mental Anguish 9
Coverage Territory, Limited Worldwide 10
P- ersonal Injury, Including Discrimination, Harassment And Segregation 10
Unintentional Failure To Disclose Hazards 10
Other Insurance, Including Primary Provision 10
Waiver Of Subrogation Required By Contract 12
This endorsement modifies the coverages provided under the Businessowners Coverage Form.
Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as
provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for
convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they
relate.
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 1 of 11
A. SUPPLEMENTARY PAYMENTS—BAIL BONDS AND BONDS TO APPEAL JUDGMENTS - NO
SUBLIMIT
In Section II - Liability, Paragraph A. Coverages, 1.f. Coverage Extension—Supplementary
Payments, subparagraphs (1)(b) and (c) are replaced by the following:
(b) The cost of bail bonds, but only for bond amounts within the available limit of insurance. We do not
have to furnish these bonds.
(c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the
available limit of insurance. We do not have to furnish these bonds.
B. MEDICAL EXPENSES—THREE YEARS TO REPORT EXPENSES
In Section II— Liability, Paragraph A. Coverages, 2. Medical Expenses, subparagraph a.(b) is
replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and
C. NON-OWNED WATERCRAFT UNDER 55 FEET
In Section II - Liability, Paragraph B. Exclusions, subparagraph (2) of Exclusion 1.g. Aircraft, Auto Or
Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 55 feet long; and
(b) Not being used to carry persons or property for a charge;
D. NON-OWNED AIRCRAFT
In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.g.
Aircraft, Auto or Watercraft in Section II— Liability:
This exclusion does not apply to an aircraft you do not own provided:
1. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of
the United States of America or Canada, designating that person as a commercial or airline transport
pilot;
2. It is rented with a trained, paid crew; and
3. It does not transport persons or cargo for a charge.
E. DAMAGE TO PROPERTY- EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURED
In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.k.
Damage To Property:
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 2 of 11
Paragraphs (3) and (4) of this exclusion do not apply to"property damage" to equipment rented or loaned
to the insured, provided such equipment is not being used to perform any operations at a construction job
site.
F. WHO IS AN INSURED - SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS
In Section II - Liability, Paragraph C. Who is an Insured is amended to include the following:
If there is no other insurance available, each of the following is also a Named Insured:
1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the
beginning of the policy period and at the time of loss, the first Named Insured controls, either directly
or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the
governing body of such organization; or
2. A subsidiary organization of the first Named Insured shown in the Declarations that the first Named
Insured acquires or forms during the policy period, if at the time of loss the first Named Insured
controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in
the election of the governing body of such organization.
G. WHO IS AN INSURED - EMPLOYEES (INCLUDING CPR AND FIRST AID) AND VOLUNTEER
WORKERS
In Section II - Liability, Paragraph C. Who is an Insured, Paragraph 2.a. is replaced by the following:
2. Each of the following is also an insured:
a. Your"employees" but only for acts within the scope of their employment by you or while
performing duties related to the conduct of your business. However, no "employee" is an insured
for:
(1) "Bodily injury" or"personal and advertising injury":
(a) To you, to any of your directors, managers, members, "executive officers" or partners
(whether or not an "employee") or to any co-"employee"while such injured person is
either in the course of his or her employment or while performing duties related to the
conduct of your business;
(b) To the brother, child, parent, sister or spouse of such injured person as a consequence
of any injury described in Paragraph (a) above; or
(c) For which there is any obligation to share damages with or repay someone else who
must pay damages because of any injury described in Paragraph (a) or(b) above.
With respect to"bodily injury" only, the limitations described in Paragraph 2.a.(1) above do
not apply to you or to your directors, managers, members, "executive officers", partners or
supervisors as insureds. The limitations also do not apply to your"employees"as insureds,
with respect to such damages caused by cardiopulmonary resuscitation or first aid services
administered by such an "employee".
(2) "Property damage" to any property owned, occupied or used by you or by any of your
directors, managers, members, "executive officers" or partners (whether or not an
"employee") or by any of your"employees". This limitation does not apply to"property
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 3 of 11
damage" to premises while rented to you or temporarily occupied by you with the
permission of the owner.
b. Your"volunteer workers", but only while acting within the scope of their activities for you and at
your direction.
H. ADDITIONAL INSUREDS
In Section II - Liability, Paragraph C. Who is an Insured, the following is added:
2. Each of the following is also an insured:
LESSOR OF LEASED EQUIPMENT
e. Any person or organization from whom you lease equipment, but only with respect to liability for
"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by
your maintenance, operation or use of equipment leased to you by such person or organization and
only if you are required by a contract or agreement to provide them with such insurance as is
afforded by this policy.
However, the insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide
for such additional insured.
With respect to the insurance afforded to these additional insureds, this insurance does not apply to
any"occurrence"which takes place after the equipment lease expires.
MANAGERS OR LESSORS OF PREMISES
f. Any person or organization from whom you lease premises, but only with respect to liability arising
out of the ownership, maintenance or use of that part of the premises leased to you and only if you
are required by a contract or agreement to provide them with such insurance as is afforded by this
policy.
However, the insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for
such additional insured.
With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
(1) Any`occurrence" that takes place after you cease to be a tenant in such premises.
(2) Structural alterations, new construction or demolition operations performed by or for such
additional insureds.
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 4 of 11
VENDORS
g. Any person or organization who is a vendor of"your products", but only with respect to"bodily
injury" or"property damage" arising out of"your products"which are distributed or sold in the
regular course of the vendor's business.
However:
(1) The insurance afforded to such vendor only applies to the extent permitted by law; and
(2) If coverage provided to the vendor is required by a contract or agreement, the
insurance afforded to such vendor will not be broader than that which you are required by the
contract or agreement to provide for such vendor.
With respect to the insurance afforded to these vendors, the following additional exclusions apply:
(1) This insurance afforded the vendor does not apply to:
(a) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not
apply to the liability for damages that the vendor would have in the absence of the
contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor;
(d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration,
testing or the substitution of parts under instructions from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has
agreed to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations
performed at the vendor's premises in connection with the sale of the product;
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used
as a container, part or ingredient of any other thing or substance by or for the vendor; or
(h) "Bodily injury" or"property damage"arising out of the sole negligence of the vendor for its
own acts or omissions or those of its employees or anyone else acting on its behalf.
However, this exclusion does not apply to:
(i) The exceptions contained in Subparagraph (d) or(f); or
(ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business, in connection with
the distribution or sale of the products.
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 5 of 11
(2) This insurance does not apply to any insured person or organization from whom you have
acquired such products, or any ingredient, part or container entering into, accompanying or
containing such products.
With respect to the insurance afforded to these vendors, the following is added to Paragraph D.
Liability And Medical Expenses Limits Of Insurance:
If coverage provided by the vendor is required by a contract or agreement, the most we will pay on
behalf of the vendor is the amount of insurance:
(1) Required by the contract or agreement; or
(3) Available under the applicable Limits Of Insurance shown in the Declarations;
whichever is less.
This shall not increase the applicable Limits Of Insurance shown in the Declarations.
OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT
h. Any persons or organizations that you are required by a contract or agreement to provide with such
insurance as is afforded by this policy. However, such a person or organization is an insured only:
(1) To the extent such contract or agreement requires the additional insured to be afforded status
as an insured; and
(2) For activities that did not occur, in whole or in part, before the execution of the contract or
agreement.
No person or organization is an insured under this provision:
(1) That is more specifically identified under any other provision of Paragraph C.Who Is An
Insured (regardless of any limitation applicable thereto).
(2) With respect to any assumption of liability in a contract or agreement. This limitation does not
apply to the liability for damages the additional insured would have in the absence of the
contract or agreement.
However, the insurance afforded to such persons or organizations:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide
for such additional insured.
The following is added at the end of Paragraph C. Who Is An Insured:
No person or organization is an insured with respect to the conduct of any current or past partnership,joint
venture or limited liability company that is not shown as a Named Insured in the Declarations.
However, no person or organization is an insured with respect to the:
a. Ownership, maintenance or use of any assets; or
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 6 of 11
b. Conduct of any person or organization whose assets, business or organization;
any Named Insured acquires, either directly or indirectly, for any:
(1) "Bodily injury" or"property damage" that occurred; or
(2) "Personal and advertising injury" arising out of an offense first committed;
in whole or in part, before such acquisition is executed.
With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f.,. and
h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance:
The most we will pay on behalf of such person or organization is the amount of insurance:
(1) Required by the contract or agreement; or
(2) Available under the applicable Limits Of Insurance shown in the Declarations;
whichever is less.
This shall not increase the applicable Limits Of Insurance shown in the Declarations.
DAMAGE TO PREMISES RENTED TO YOU—$1,000,000
In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs
3. and 4. are deleted and replaced with the following:
3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under
Business Liability Coverage for damages because of"property damage"to any one premises while
rented to you or while temporarily occupied by you with permission of the owner is $1,000,000.
4. Aggregate Limits
The most we will pay for:
a. All "bodily injury" and "property damage"that is included in the "products-completed operations
hazard" is twice the Liability and Medical Expenses limit.
b. All:
(1) "Bodily injury" and "property damage" except damages because of"bodily injury" or"property
damage" included in the "products-completed operations hazard";
(2) Plus medical expenses;
(3) Plus all "personal and advertising injury" caused by offenses committed;
is twice the Liability and Medical Expenses Limit.
The Limits of Insurance of Section II —Liability apply separately to each consecutive annual period
and to any remaining period of less than 12 months, starting with the beginning of the policy period
shown in the Declarations, unless the policy period is extended after issuance for an additional
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 7 of 11
period of less than 12 months. In that case, the additional period will be deemed part of the last
preceding period for purposes of determining the Limits of Insurance.
J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT
In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the
following is added:
1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages
that the insured becomes legally obligated to pay for all "bodily injury" and "property damage" caused
by"occurrences" under Paragraph A.1. Business Liability, and for all medical expenses caused by
accidents under Paragraph A.2. Medical Expenses, which can be attributed only to a single
"location":
a. A separate Location General Aggregate Limit will apply to each "location", and that limit is
equal to the Other than Products/Completed Operations Aggregate Limit shown in the
Declarations.
b. The separate Location General Aggregate Limit is the most we will pay for the sum of all
damages for"bodily injury" or"property damage" under Paragraph A.1. Business Liability,
except in connection with "bodily injury" or"property damage" included in the "products-
completed operations hazard", and for medical expenses under Paragraph A.2. Medical
Expenses, regardless of the number of:
(1) Insureds;
(2) Claims made or"suits" brought; or
(3) Persons or organizations making claims or bringing "suits".
c. Any payments made under Paragraph A.1. or under Paragraph A.2. Medical Expenses shall
reduce the separate Location General Aggregate Limit for that"location". Such payments shall
not reduce the Other Than Products/Completed Operations Aggregate Limit shown in the
Declarations nor shall they reduce the separate Location General Aggregate Limit for any
other"location".
d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply. However, instead of being subject to the Other
Than Products/Completed Operations Aggregate Limit shown in the Declarations, such limits
will be subject to the applicable separate Location General Aggregate Limit.
2. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages
that the Insured becomes legally obligated to pay for all "bodily injury" or"property damage" caused
by occurrences under Paragraph A.1. Business Liability and for all medical expenses caused by
accidents under Paragraph A.2., which cannot be attributed only to operations at a single "location".
a. Any payments made under Paragraph A.1. Business Liability for damages or under Paragraph
A.2. for medical expenses shall reduce the amount available under the Other Than
Products/Completed Operations Aggregate Limit or the Products/Completed Operations
Aggregate Limit, whichever is applicable; and
b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to
a single "location".
3. Subject to the separate Location General Aggregate Limit and all other applicable limits, the
Combined Total Aggregate Limit shown in the Declarations is the most we will pay for the combined
sum of amounts described above, regardless of the number of"locations".
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 8 of 11
4. Any payments we make for"bodily injury" or"property damage" included in the "products-completed
operations hazard" will reduce the Products-Completed Operations Aggregate Limit regardless of
the number of"locations", and not reduce the Other Than Products/Completed Operations
Aggregate Limit nor the separate Location General Aggregate Limit applicable to a single "location."
5. As used in this endorsement, "location" means premises involving the same or connecting lots, or
premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a
railroad.
6. The provisions of Paragraph D. Liability and Medical Expenses Limits Of Insurance not
otherwise modified by this endorsement shall continue to apply as stipulated.
K. KNOWLEDGE/NOTICE OF OCCURRENCE
In Section II - Liability, Paragraph E. Liability and Medical Expenses General Conditions, 2. Duties
In the Event Of Occurrence, Offense, Claim or Suit is amended to include the following:
e. Knowledge of an "occurrence" or offense by an agent or"employee" of the insured will not constitute
knowledge by the insured, unless an "executive officer" (whether or not an "employee")of any
insured or an "executive officer's" designee knows about such "occurrence"or offense. Failure of an
agent or"employee" of the insured, other than an "executive officer" (whether or not an "employee")
of any insured or an "executive officer's" designee, to notify us of an "occurrence" or offense that
such person knows about will not affect the insurance afforded to you.
f. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a
claim or loss to which this insurance applies, the failure to report it to us will not violate this condition,
provided the insured gives us immediate notice as soon as the insured is aware that this insurance
may apply to such loss or claim.
L. BODILY INJURY, INCLUDING RESULTING MENTAL ANGUISH
In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 3. is
deleted and replaced with the following:
3. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease;
sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock
at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or
disease.
M. COVERAGE TERRITORY, LIMITED WORLDWIDE
In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 4. is
deleted and replaced by the following:
4. "Coverage territory" means all parts of the world.
However, "coverage territory" does not include any:
a. "Bodily injury" or"property damage"that takes place or any offense committed outside of the
United States of America (including its possessions and territories), Canada and Puerto Rico,
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unless the insured's responsibility to pay damages is determined by a "suit" on the merits that is
brought in the United States of America (including its possessions and territories), Canada or
Puerto Rico; or
b. Injury or damage in connection with any"suit" brought outside the United States of America
(including its possessions and territories), Canada and Puerto Rico.
N. PERSONAL INJURY, INCLUDING DISCRIMINATION, HARASSMENT AND SEGREGATION
In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 14. is
amended to include the following:
h. Discrimination, harassment or segregation based on a person's age, color, national origin, race,
religion or sex unless committed by or at the direction of any"executive officer", director, stockholder,
partner or member of the insured.
O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
In Section III —Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud
is amended to include the following additional paragraph:
Unintentional failure of an "employee" of the insured to disclose a hazard or other material information will
not violate this condition, unless an "executive officer" (whether or not an "employee")of any insured
knows about such hazard or other material information.
P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION
In Section III —Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3.
are replaced by the following:
H. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under this insurance,
our obligations are limited as follows:
1. Primary Insurance
This insurance is primary except when Paragraph 2 below applies. If this insurance is primary, our
obligations are not affected unless any of the other insurance is also primary. Then, we will share with
all that other insurance by the method described in Paragraph 3 below.
2. Excess Insurance
a. This insurance is excess over:
(1) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage
for"your work";
(b) That is insurance that applies to "property damage"to premises rented to you or
temporarily occupied by you with permission of the owner; or
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(c) If the loss arises out of aircraft, "autos" or watercraft to the extent not subject to
Exclusion g. of Section II.B. Exclusions, 1. Applicable to Business Liability Coverage;
or
(2) Any other primary insurance available to you covering liability for damages arising out of the
premises or operations for which you have been added as an additional insured.
b. When this insurance is excess, we will have no duty to defend the insured against any"suit" if any
other insurer has a duty to defend the insured against that"suit." If no other insurer defends, we
will undertake to do so, but we will be entitled to the insured's rights against all those other
insurers.
c. When this insurance is excess over other insurance, we will pay only our share of the amount of
the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this
insurance;
(2) The total of all deductible and self-insured amounts under all that other insurance.
d. We will share the remaining loss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not brought specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this Coverage Part.
3. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also.
Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits.
Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the
total applicable limits of insurance of all insurers.
Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT
In Section III —Common Policy Conditions, Paragraph K. Transfer of Rights of Recovery Against
Others To Us, subparagraph 2. is replaced by the following:
2. Applicable to Businessowners Liability Coverage:
We will waive the rights of recovery we would otherwise have had against another person or organization,
for loss to which this insurance applies, provided the insured has waived their rights of recovery against
such person or organization in a contract or agreement that is executed before such loss.
To the extent that the insured's rights to recover all or part of any payment made under this Coverage
Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to
impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce
them. This paragraph does not apply to Medical Expenses Coverage.
All other terms and conditions of the policy remain unchanged.
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