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HomeMy WebLinkAboutContract 61716CSC No. 61716 TEMPORARY LICENSE AGREEMENT This Temporary License Agreement ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, home rule municipal corporation organized under the laws of the State of Texas acting by and through Roger Venables, its duly authorized Aviation Systems Director ("City" or "Licensor"), and AMAZON.COM SERVICES LLC, a Delaware limited liability company ("Licensee"). WHEREAS, the City owns a certain piece of property located at 13901 Aviator Way, Fort Worth Texas, 76177 (the "Property") also known Perot Field at Fort Worth Alliance Airport ("Airport"); and WHEREAS, Licensee has requested, and the City agrees to grant to Licensee, the non-exclusive use of a portion of the cargo ramp apron ("Cargo Ramp Apron") on the Property for the purpose of parking a Boeing 737-800 ("Aircraft") and the aircraft support equipment needed to operate the Aircraft and in accordance with the terms and conditions of this Agreement. WITNESSETH: 1. Premises; Uses. City hereby grants Licensee the non-exclusive license to use a portion of the Cargo Ramp Apron as depicted on Exhibit "A", attached hereto (the "Aircraft Parking Area" or "Premises") to use for Licensee's temporary overflow aircraft parking (the "Permitted Uses"). Under no circumstances during the Agreement will Licensee (i) use the Aircraft Parking Area for loading or unloading of freight, or (ii) use or cause to be used on the Aircraft Parking Area any hazardous or toxic substances or materials in violation of applicable Legal Requirements (hereinafter defined), or (iii) store or dispose of any such substances or materials on the Cargo Ramp Apron. Licensee shall not install signs, advertising media, and lettering on the Aircraft Parking Area without prior written approval of City. It is agreed and understood by City and Licensee that in the event that the Aircraft Parking Area is not able to be used by Licensee due its use by another aircraft, Licensee will be entitled to the use of a similarly sized portion of the Cargo Ramp Area (the "Alternative Aircraft Parking Area") for the Permitted Uses. For the avoidance of doubt, all provisions of this Agreement applicable to he Aircraft Parking Area shall apply with the same force and effect to the Alternative Aircraft Panting Area. 2. Condition of the Aircraft Parking Area. Licensee taking possession of the Apron shall be conclusive evidence that (a) the Apron is suitable for the purposes and uses for which it is licensed; and (b) Licensee waives any and all defects in and to the Apron, and its appurtenances. Further, Licensee takes the Aircraft Parking Area and all appurtenances in its "AS IS" condition without warranty, express or implied, on the part of the City. City shall not be liable to Licensee, Licensee's agents, employees, invitees, licensees, or guests for any damage to any person or property due to the Aircraft Parking Area or any part of any appurtenance thereof being improperly constructed or being or becoming in disrepair. 3. Term. The "Term" of this Agreement shall commence on the Effective Date (defined below) and will automatically renew on each subsequent month unless canceled by either party by 30-day written notice provided to the other party. The Agreement may not renew the date is five (5) months after the Effective Date. 4. License Fee; Time of essence. Licensee will pay City a license fee of $1,800.00 per month (the "License Fee") for use of the Aircraft Parking Area during the Terri. The License Fee is due on the first day of each month of use of the Aircraft Parking Area. Payment of the License Fee under this Section 4 shall be paid to City through the Property Manager at the address given in Section 16, or such Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC OFFICIAL RECORD Page 1 of 11 CITY SECRETARY FT. WORTH, TX other address as City may designate fi-om time to time. Time is specifically of the essence of this provision and of every provision of this Agreement. 5. No Services. City shall not furnish Licensee with any utilities, cleaning, lighting, security, or any other items or services for Licensee's use of the Aircraft Parking Area. Except as specifically set forth herein, Licensee is solely responsible for all costs and expenses related to its use of the Aircraft Parking Area. 6. Alterations, Additions, Improvements, and Signage. Licensee shall make no alterations on, or additions to, the Aircraft Parking Area without the prior written consent of City. 7. Indemnity. LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCL UDING DEATH, TO ANYAND ALL PERSONS, OF ANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AIRCRAFT PARKING AREA UNDER THIS LICENSE, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LICENSOR. LICENSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LICENSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES (COLLECTIVELY, THE `INDEMNITEE PARTIES'), FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITSFOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LICENSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING O UT OF OR IN CONNECTION WITH LICENSEE'S USE OF THE AIRCRAFT PARKING AREA UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCOND UCT OF LICENSOR. LICENSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LICENSOR FOR ANY AND ALL INJURY OR DAMAGE TO LICENSOR'S PROPERTY WHICH ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LICENSOR. LICENSOR DOES NOT GUARANTEE POLICE PROTECTION TO LICENSEE OR ITS PROPERTY. LICENSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON ON THE AIRCRAFT PARKING AREA OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICHMAYBE STOLEN, DESTROYED OR INANY WAYDAMAGED; AND LICENSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LICENSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANYAND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LICENSOR. THE FOREGOING INDEMNIFICATION IN FAVOR OF LICENSOR SHALL NOT BE APPLICABLE TO ANY HAZARDOUS MATERIALS EXISTING ON, AT, OR UNDER THE AIRCRAFT PARKING AREA PRIOR TO THE EFFECTIVE DATE. `HAZARDOUS MATERIALS" MEANS ANY SUBSTANCE, MATERIAL, WASTE, POLLUTANT, OR CONTAMINANT LISTED OR DEFINED AS HAZARDOUS UNDER ANYLEGAL REQUIREMENTS. Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 2 of 11 8. Waiver of Liability. NO INDEMNITEE PARTIES SHALL BE LIABLE IN ANY MANNER TO LICENSEE, ITS AGENTS, EMPLOYEES, PATRON, CONTRACTORS, OR ANY OTHER PARTY IN CONNECTION WITH THE USE OF THE'AIRCRAFT PARKING AREA BY ANY OF THEM, FOR ANY INJURY TO OR DEATH OF PERSONS UNLESS CAUSED SOLELY BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF ANY INDEMNITEE PARTIES. IN NO EVENT SHALL ANY INDEMNITEE PARTIES BE LIABLE IN ANY MANNER TO LICENSEE OR ANY OTHER PARTY AS THE RESULT OF THE ACTS OR OMISSIONS OF LICENSEE, ITS AGENTS, EMPLOYEES, CONTRACTORS, OR ANY OTHER PARTY, IN CONNECTION WITH THE USE OF THE AIRCRAFT PARKING AREA BY ANY OF THEM. ALL VEHICLES AND ALL PERSONAL PROPERTY WITHIN THE VEHICLES USING THE AIRCRAFT PARKING AREA, WHETHER PURSUANT TO THIS AGREEMENT OR OTHERWISE SHALL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE PARTIES SHALL BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF LICENSEE, ITS EMPLOYEES, AGENTS, PATRONS INVITEE, OR TO OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF CITY OR SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT OR ANY OTHER CAUSE OF WHATSOEVER NATURE, EVEN IF DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE PARTIES. 9. Insurance. Licensee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City as an additional insured and covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the Aircraft Parking Area. Licensee shall obtain the required insurance specified to be maintained by a commercial tenant in accordance with Exhibit `B", the "City of Fort Worth Aviation Insurance Requirements" attached hereto and made part of this Agreement for all purposes. 10. Assignment and Subletting. Licensee shall not assign this Agreement, or any right of Licensee under this Agreement, or sublet the Aircraft Parking Area for consideration or no consideration, whether voluntarily, by operation of law, or otherwise, and any attempt to do so shall be void, and any such attempt shall cause immediate termination of this Agreement. 11. Damage to Aircraft Parking Area or Property of the City. If, at any time during the Term, by the acts or omissions of the Licensee, its employees, patrons, agents, or invitees, the Aircraft Parking Area, or any property of City located thereon is damaged or destroyed, Licensee shall, at its cost, be obligated to repair such damage or, if the damage caused by Licensee is repaired by the City, Licensee will pay all reasonable direct or third -parry, out-of-pocket costs incurred by the City for such repair. 12. Repairs and Maintenance. City has no obligation to make repairs of any sort to the Aircraft Parking Area, City's sole obligation hereunder being to make the Aircraft Parking Area available to Licensee in accordance with and subject to the covenants, restrictions and limitations set forth herein. Licensee shall, at its expense, use and maintain the Aircraft Parking Area in a neat, clean, and safe manner and shall use the Aircraft Parking Area in compliance with all applicable laws, ordinances, orders, rules, and regulations of all governmental bodies (state, county, federal, and municipal) ("Legal Requirements"). At the termination of this Agreement, whether by lapse of time or otherwise, Licensee shall deliver the Aircraft Parking Area to City in as good a condition as the same was as of the date of the taking possession thereof by Licensee, ordinary wear and tear only excepted; provided that Licensee shall not be required to perform any repairs or maintenance to the Aircraft Parking Area necessitated by the gross negligence or intentional misconduct of the City or that of any party controlled by or acting on behalf of the City. 13. Severability. If any cause or provision of this Agreement is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body or Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 3 of 11 entity, effective during the Term, the intention of the parties hereto is that the remaining parts of this Agreement shall not be affected thereby unless such invalidity is, in the sole determination of the City, essential to the rights of both parties, in which event City has the right, but not the obligation, to terminate the Agreement upon written notice to Licensee. 14. Default and Termination. a) Licensee's Default. If Licensee, following reasonable notice from City, shall fail to perform or observe any of its obligations hereunder, then City may terminate this Agreement by giving Licensee written notice thereof, in which event this Agreement and all interest of Licensee hereunder shall automatically terminate. Such rights of City in the case of default by Licensee hereunder are not exclusive, but are cumulative of all other rights City may have hereunder, at law or in equity; and any one or more of such rights may be exercised separately or concurrently to the extent provided by law; provided that neither party shall be liable to the other for any indirect damages or lost profits. b) City's Default. Should City, following reasonable notice from Licensee, commit a default under this Agreement (including but not limited to City's failure to make the Aircraft Parking Area available), Licensee may, as its sole remedy hereunder, terminate this Agreement, and Licensee hereby waives any and all other remedies for any such default by City. c) Termination for Convenience. Either party may terminate this Agreement with 30 days' written notice to the other party. 15. Notices. Any notice hereunder must be in writing. Notices deposited in the United States mail, properly addressed, postage paid, shall be effective -upon deposit. Notice given in any other manner herein shall be effective upon receipt at the address of the addressee. For the purposes of notice, the addresses of the parties shall, unless changed as hereinafter provided, be as follows: To LICENSOR: City of Fort Worth Aviation Department 201 American Concourse, Suite 330 Fort Worth, Texas 76106 817-392-5400 To LICENSEE: c/o Amazon.com, Inc. 410 Terry Avenue, N. Seattle, WA 98109-5210 206-266-1000 Attn: Real Estate Manager (NA Ops: KAFW) Attn: General Counsel (Real Estate NA Ops): KAFW Attn: NA Ops Asset Management (KAFW) With copies to: naops-oroomamt a,amazon.com: OvsRELeaalnoticeO,amazon.com: na-realestatenamazon.com: naops-rentna,amazon. corn Payments are to be sent to the address below unless otherwise directed on monthly invoices: City of Fort Worth Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 4of11 PO Box 99005 Fort Worth, TX 76199-0005 16. Right to Audit. Licensor, at Licensor's sole cost and expense, shall have the right to audit such applicable books and records of Licensee as necessary to ensure Licensee's compliance with the terms of this License and the Sponsor's Assurance made by Licensor to the Federal Aviation Administration. 17. CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE. Licensee acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited fi•om entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Licensee certifies that Licensee's signature provides written verification to the City thatLicensee: (1) does not boycott Israel; and (2) will not boycott Israel during the Term of the Agreement. 18. Entire Agreement. This Agreement constitutes the entire agreement between City and Licensee relating to the use of the Aircraft Parking Area and no prior written or oral covenants or representations relating thereto not set forth herein shall be binding on either party hereto. 19. Governing Law; Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement or of Licensee's operations on the Premises, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 20. Miscellaneous. Licensor or Licensee may deliver executed signature pages by electronic means, which will be deemed to be an original. This Agreement may be executed in any number of counterparts, each of which will be deemed an original and all of which together constitute one agreement with the same effect as if the parties signed the same page. This Agreement is the entire agreement between the parties, and no modification of this Agreement is binding unless it is in writing and signed by Licensee and Licensor. No waiver by either party of any provisions of this Agreement is a waiver of any other provisions or of any subsequent breach. No delay on the part of either party in exercising any of its rights hereunder is a waiver of such rights. 21. Anti -Corruption. Licensee will not violate any applicable anti -corruption laws in the performance of its rights and obligations under this Agreement. (Signature page to follow) Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 5 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples to be effective as of the latest of the below signatures (the "Effective Date"). CITY OF FORT WORTH: By: 4r AApo & ef� (5ger Venable viation Systems Director Date: '?/1 s121Uf r STATE OF TEXAS (g Eli, Vj,)h0o COUNTY OF TARRAN (� �n �Ac1h on ► I �E VMAY' Vence us ` BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day persona y appeared`IRoger Venables, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. ,Ah \ GIVEN UNDER MY HAND AND SEAL OF OFFICE this is day of JU'l{ 52024. ANGELA D. CHRISF Notary Public, State of Texas 03,% Comm. Expires 03-18-2028 ,���` Notary ID 134812443 APPROVED AS TO FORM AND LEGALITY: By: Jeremy Anato-Mensah Assistant City Attorney M&C: None Reauired Contract Compliance Manager: Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 6 of 11 Notary ublic in and for the State bf Texas ATTEST: vonpq G t° 09-1 d I.g Pva �Sp By. Jannette S. Goodall City Secretary KC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 8ae6anm �ee�iwrii Barbara Goodwin Real Property Manager Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 7 of 11 LICENSEE: AMAZON.COM SERVICES LLC By: Name: Fredrick Lutz Its: Authorized Signatory Date: July 2, 2024 STATE OF TENNESSEE ) ss. COUNTY OF Davidson ) fredric.K On this 2 day of July 2024, before me personally appeared Io Lutz to me known to be the Authorized Signatory of Amazon.com Services LLC, the company that executed the within and foregoing instrument, acknowledged said instrument to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she was authorized to execute said instrument for said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. /y Pq(M� Nc TENNESSEE Pr NOTARY PUBLIC C� ' sty Comm Erb. 2 n May oa, 2M � OF0;' � Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 8 of 11 ary Public for the State of Tennessee Commission expires- May 8, 2024 ited Name: Kerri Palmer EXHIBIT A AIRCRAFT PARKING AREA Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 9 of 11 FORTY ORTH '1110— A11AlINh4 [RkrJ Elmo OM -oohs (FDOs) Mrraft Maintenance Opera Err and Aaionlcs or Instrument Ma lwarxn OParatu-PraWn1 Ak=ft Mairtlaraice Operator and Aihades or Itatrutrml.liarlenarre Operator•Turlirre Avionics or Irninitttenl hlmdnssrrs Openly (Bend+►wk Orty) INrrraft Px riat at FOgi t Trotting Opeia;a Akctaf Chstat or Aircraft Manafpttenl apetd v ArctaO Sales Opwaia Aorialt Sbaage Operator EXHIBIT B EXHIBIT B -MINIMUM INSURANCE REQUIREMENTS Garmnts, n1 Errdrcsmrenlal lvuicuroi[e LJ�Idy (To PYurancy General (tonRa�epas Imornwrt AhcaflnrdRy 19, t-irlu&illred&Non dened Insurance Liabiuy Llawq' Linhaty Llnhllly vehk�s ° i' Yes KOMODO $500D.01310 b1. 10,GCr3 S 1,000,000 11.000,000 31,000,C 2 S 1,000,000 15,000A00 81,-000,CU] S 1,00000 $1.00O ODD '1 51,84DA0G � s � Si,tl00,0Cq •t s 31 CA0.000 11,400,000 31,000,000 1 nOOD,00o o S5,OO mo -1 S 1,000,000 31.000MO occurrence $ 5100,OWpass"er KOD0,000nbccurrerim S 1a50D,000'pnsserlger 31,0110,01lWomurrenre 3 S1OD.00ftassemer S 31 000 ODdbccunerim 1,000p00 1,000,000 1,000000 1,000,ODO 25D,D:iD Adallm Servce Sale piopletu s S1,0ODi0G02 3100,I)CM(pmsengf r # AcIOtlrsCanrmisaalMErtsnctd Arlivilas $1,0O0.00D 53GO,GOOrocrinrencc S 1,00Q000 $i,CdQ000 S3C0.0iXecccuvrence S 1,000000 ServiceOySperio!`tslhvatErn Sanrke Opertar lNan oinmerliIlnrgvLessee s 3300,COaarcrrrtsrce S 1,000lip0 lNtn.CorrrnencLf RFg Chlr 31,000M0 occurrence S 1,000,000 5100.00d'omsenoer INorvCuirimeludSell-Fuditrg %m'&e I Jet Fuel aidlcr A'� I 7 y 1,Cti]D.00D 51,000,000 $3G0,OCYlroccurrence S t,0000�0 Non,Cramercki Sell-Fuegng %milae i6Q1,COO $30D,0Mbxurrence $ 250,000 1Allemaw Fuels a o. moaasl IBox lungat, T•Narrgar, Conn% iy - 5300,OOgbccurtatce # M,00D HaMlotfuy 'insuarre mquiremenLs submt to deieminallon try Ablation Oeprinenl and Risk Mariaaemefl Addlllortal Insurance ReWkemerds -Leswe's policies are to be prvnary to any tfier vaLd and �Ue traurar m nvaiabh to bee Cdy 4A p�oes smell wimAe a Waiver of Subrogation in favor of the Cky j'rerrtyarary SABO musi dso Houle Nr mri Lessee) •The City of Fart Worth shah be Horned as Additions bmr d iTenparaty SASO must also include Asparl Lessee} 'POlidetr situp IWM no exousrrxns by erdorsemertt. Mrdt , nelUa mdily tr anrerid Il-e tteguined Ines of mvena0e no- decease Err_ Tenets of salif aot-tage t Cmw%v per nrrraR 5hWa be egjt olml to the a�esags arctaft ysrr_ at cm Irne rrrJ wmage per cmurrence should Le eguivalenl to Cie amage d the mnwrmun %-Jue d ic" arcrrfl m Erie tree, but M Isn than the vtourd noted above = Wisi include Negtgent Lnslrucllrn Ca mr-age r If aicrn0 storage operator is presiding sibleming space for ni�crnfl slcrage t Orly tewied rat thme ptarit0ng li3tl Invvuebon Depends ear lams d Ute Ieme agmmial If %miide oa•ked tandslde . SWe rnrimunn xtald now,, Aviation ►MinimumStandards, City ofFirtWErihAvial=Oepwinerd(O&Y X114) Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 10 of 11 DEFINITIONS: Coverage for ft Bultirg Ind W es (tit is not limited lo) the building erd atruclures, completed add*" to covered btddngs. outdoor tuaures, permanently Installed Wures, machinery and equipment The buldng maedal usedto maintain and WWII Use Insured'$ premises Is also Insured. Buskass Pelsonel Ptopefty owned by the hwfed and used In the nsvred's business is coveted tot died loss or damage The ooverage incuxdes (tnA a not Imited to) furniture and fadutes. MOM. impicivements and betlennents, leased property for which you have a contractual obligation to Imure and zereral other similar business property Items when not specificaly, ex Axded from cavtrage. The potty Is also designed to protect the Insured b9ainiet loss or damage to the Personal Property of Others while PROPERTY INSURANCE n the Insured's dare, custody ad control. Business Income (someames caged Business Interruption) affords protection against fro bss of earr►ngs of a business during the time requited to rebuld or repair covered property di fnaged or destroyed by ree or sortie other insured cause of loss E*a Eypen" atams coverage fa those additional expenses over and above rxxrnM ape MM expensen pad due to damage to oovered property from a covered cause of kits. These expenses could include rent utUles, moving expenses, lesephone, advertising and labor. This co%wage protects tie Insured lot bo" rq ry of property damage to the third part -es, to which they are legaly liable. The policy amen accidents owning on vre promises or away from the premisPi. Coverage is provided for injury or damages araag out of goods or products made or soil by the named insured Coveria" is afforded ftor the named Insured and empbyeas of ttw named Insured; however, sevrrral IndlMusis and organizations over than the named Insured may be eomed depe" upon certain enyamstane" specifled In the policy. in addrixon to the limits, the policy provides stgplemenlal payments liar attorney fees. court costs and Other expens*t associated vith a claim or the defense of a ksbaty tut Coverage A - Bodily blury and Property Damage Liability COMMERCIAL GENERAL Booty lgury means physical Injury. sickness or disease, Including death Property Damage meansphysical iniuryr LIABILITY to tangkk property. Intiudng the resulting bss of use of that property Coverage B - Personal Injury and AdvertMing Injury Liability Personal kyury means false arrest, malwus pnosecubon wrongful entry or evscton, Ibet sladef and violations of a person's tWil of privacy Adverudng Yyury means Ibet slander, dspatagement Notations d a persons right of privacy, msappropristlon and copyright infringement Cover"M C - Medical Payments Wdical Payments means medical expenses to bodily Injury caused by an accident IiANGARKEEPEItS Indures the hanger operator for legal obligations to pay damages due to loss to an aircraft that occurs when the aircraft a in the care, custody or control of tie Insured lot safekeeping, storage, yvvlcs or repay, Coverage LIABILITY extends to labaty awns Involving an MicraIrs loss of use. IrMtes the polkas arpasure associated with the insureds property and operations, irclxdtag costs of cleanup and ENV IROM EN TAL remedial a oofret" action due to a thr6patty demand or a government order. The Pol~ t)d wbn in general liability Insuance etfecbvely elmnates coverage tot damages for bodily tyuiy, property damage and cleanup costs IMPIRMENT UABItJTY arising from most types Of po0.J0on events Because of tuns, eustomirnd protection for use pollution exgosure of numerous nsuteds In the category is essentd Coverage geared speacaily to the operation of aircraft ant the raks Irroolved in aviation Aviation insurance polices are dstvxAy different from vase to Other areas of transportation and tend to Ineotpwrate aviation AIRCRAFI AND termiwbgy, as wed as lermtotogy, ►mans and cu uses specific 10 avutbn Insurance. Passenger labaty protects PASSIENGER LIABILITY passengers riding In the accident w raft who are rimed or killed. In many courdrks eta CONW69e is mandatory Orly for commercial or large McraRt coverage h oftm soli on a -per seat' bash, wdh a specified emu tor each passenger teat The habllty coverage of One Business Auto Policy ptoodes protection against legal lobaly ceding out of the AUTONtOBILE LIABILITY ownenhp, maintenance or use of any Insured auiomoble. The Insuring agreement agrees to pay for bodly inpiry ITO INCLUDE HIRED & or property damage for wNch the insured Is legay responsible because of an autonvobile a:dclo t The policy a1w NON OWNED VEHICLES) states that In additim to the payment of damages, the Insure also agrees to defend tee insured for all legal defense cost The defense is In addton to the policy Imps WA I V ER OF An agreement bekveen two parties n %filch one parry "as to wake subrogation fights against another inthe eNwA of a bss. The+ invert Is to preiwnt one partys ruurer from pursuing subrogation agarot the other party. SUBROGATION AvWW Minimum Standards. Uy Of Fart Worth Mubm Dtpvtment 0HYA14) Temporary License Agreement Between City of Fort Worth and Amazon.com Services LLC Page 11 of 11