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PATRICIA JOHNSON (FIRST AMENDMENT)
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PATRICIA JOHNSON (FIRST AMENDMENT)
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Last modified
7/22/2026 5:05:10 PM
Creation date
7/22/2026 4:59:02 PM
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CONTRACTS
Description Type
Other
Contract Type
Amendment
NAME
PATRICIA JOHNSON (FIRST AMENDMENT)
Contract Record Series
704-05
Munis Contract #
LIVERMORE MUNIS
Contract Expiration
6/30/2029
NOTES
LPFD FIRE PLAN REVIEW
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MISCELLANEOUS PROFESSIONAL LIABILITY POLICY <br /> <br />MPL 00 00 12 23 Page 4 of 14 <br /> <br />and Damages in connection with such <br />Claim. <br />B. Retention <br />The Company shall be liable for only that part of <br />Damages and Claim Expense covered under <br />this policy which is excess of the Wrongful Act <br />Retention as described below and in the <br />amount set forth in Item 6. Of the Declarations. <br />Such Retention shall be borne by the Insureds <br />uninsured and at their own risk. <br />With respect to Claims for Wrongful Acts, the <br />Retention set forth in Item 6. Of the Declara- <br />tions shall apply to each Wrongful Act covered <br />by this policy. All Wrongful Acts that involve the <br />same or related subject, person, class of person <br />or have common facts or circumstances or in- <br />volve common transactions, events or decisions, <br />regardless of the number of repetitions, altera- <br />tions, actions, or forms of communication will be <br />treated as one Wrongful Act for the purposes of <br />applying the Retention. The Retention applies <br />to Damages and Claim Expense combined. <br />The Retention shall not apply to Claim Ex- <br />pense incurred in connection with Disciplinary <br />Proceedings. The Retention shall not apply to <br />Claim Expense incurred in connection with <br />Subpoena Assistance. <br />If more than one Retention applies to a Claim <br />covered under this policy, the Insured’s Reten- <br />tion obligation shall not exceed the largest ap- <br />plicable Retention in connection with such <br />Claim. <br />The Limit of Insurance shall not be reduced by <br />the application of the Retention. All other rights, <br />duties and obligations under the policy shall re- <br />main the same regardless of whether or not the <br />Retention has been satisfied, including, but not <br />limited to, the Company’s right and duty to in- <br />vestigate, defend and settle Claims and the In- <br />sured’s notice and cooperation duties set forth <br />in this policy. <br />C. Reimbursement <br />If, at the Company’s option, the Company has <br />paid any amounts for Damages or Claim Ex- <br />pense in excess of the applicable Limit of Insur- <br />ance, including any amounts paid in excess of <br />the Company’s obligation to pay Damages and <br />Claim Expense pursuant to SECTION I – <br />INSURING AGREEMENT, Section B. Defense <br />and Investigation, Paragraph 3. Of this policy, <br />or if the Company has paid part or all of any Re- <br />tention, the Insured shall reimburse the Com- <br />pany for such amounts upon demand. <br />The Company will have the right to seek recov- <br />ery from any Insured of any Claim Expense or <br />Damages paid by the Company as a result of <br />any portion of a Claim that is not covered by this <br />policy. <br />SECTION III – EXCLUSIONS <br />A. The Company is not obligated to pay Damages <br />or Claim Expense or defend Claims for or aris- <br />ing directly or indirectly out of: <br />1. Bodily Injury or Property Damage. <br />2. An act or omission that is dishonest, fraudu- <br />lent, criminal, malicious or was intentionally <br />committed while knowing it was wrongful, as <br />evidenced by any judgment, final adjudica- <br />tion, alternate dispute resolution proceeding <br />or written admission by the Insured. This <br />exclusion does not apply to any Individual <br />Insured that did not commit, acquiesce or <br />participate in the actions that gave rise to <br />the Claim. Pursuant to SECTION II – <br />LIMITS OF INSURANCE, RETENTION <br />AND REIMBURSEMENT, Section C. of this <br />policy, the Company shall have a right to re- <br />imbursement of any Damages or Claim Ex- <br />pense paid by the Company as a result of a <br />Claim to which this exclusion applies. <br />3. Infringement, misappropriation or theft of: <br />a. Copyright; <br />b. Trademark, trade dress, trade name, <br />service mark, service name, title or slo- <br />gan; <br />c. Patent; or <br />d. Trade secrets. <br />4. Unfair competition, restraint of trade or any <br />other violation of antitrust laws. <br />5. Harassment, misconduct or discrimination <br />because of or relating to: <br />a. Race, creed, color or age; <br />b. Sex, sexual preference, national origin <br />or religion; or <br />EXHIBIT B <br />Docusign Envelope ID: 719DA141-AC44-83B6-8162-C79EED148CD3
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