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14-214.00 Garco Construction: Browns Park Basketball Court Installation OFFICE OF THE CITY ATTORNEY SCITY of pokarle CARY P. DRISKELL—CITY ATTORNEY ERIK J.LAMB—DEPUTY CITY ATTORNEY Valley. 11707 East Sprague Avenue Suite 103 • Spokane Valley WA 99206 509.720.5105 • Fax: 509.688.0299 • cityattorney@spokanevalley.org 2014 Hoopfest Basketball Court Installation at Browns Park. Garco Construction-Contractor Hoopfest of Spokane is donating a basketball court at Browns Park in 2014 in conjunction with an Eagle Scout project. Garco Construction is the contractor responsible for the installation of the court, and will contract with Hoopfest for the same. Given the contractual relationship between Garco and Hoopfest, the City shall only require limited terms relating to insurance requirements and indemnification as follows: (1) Insurance. Garco shall procure and maintain for the duration of the construction project insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Garco, its agents, representatives, or employees. A. Minimum Scope of Insurance. Garco shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse or underground property damage. City shall be named as an insured under Garco's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Garco shall maintain the following insurance limits: e\u- 21�{ 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Garco's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Garco's insurance and shall not contribute with it. 2. Garco shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Garco. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Garco shall furnish acceptable insurance certificates to City at the time Garco returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Garco shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.(2) Garco shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by Garco, Garco's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Garco's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Garco's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b) Garco, Garco's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Garco, Garco's agents, subcontractors, subconsultants and employees. Garco's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim-related expenses. Garco specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided,that Garco's waiver of immunity by the provisions of this paragraph extends only to claims against Garco by City, and does not include, or extend to,any claims by Garco's employees directly against Garco. 4r 14ruttitttlei/ Dated this It day of 2014 Dated this 17 day of October,2014 co Construction ity of Sp ane Valley adv0 ' '� ® DATE(MM/DD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 11/3/2014 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 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 NAMEACT Stacia Simpson Commercial Lines (509)358-3800 PHONE 509-358-3844 FAX 866-510-9588 (A/C.No.Extl: (A/C,No): Wells Fargo Insurance Services USA, Inc.-CA Lic#:0008408 E-MAIL stacia.sim son@wellsfar o.com ADDRESS: p g 601 West Main Street,Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Spokane,WA 99201-0635 !- etmr. 1\JEn 1 INSURERA: National Fire Insurance Company of Hartford 20478 INSURED I ""-' INSURER B: American Casualty Company of Reading, PA 20427 Garco Construction, Inc. NU" 1+ I. !. INSURER C: Great American Insurance Company 16691 P.O.Box 2946 INSURER D: Alaska National Insurance Company 38733 Spokane,WA 99220INSURER E: PARKS&RFCI?FA-PnN DEPT i – —----- – INSURER F: COVERAGES CERTIFICATE NUMBER: 8374892 REVISION NUMBER: See below 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X X 2091645862 12/31/2013 12/31/2014 EACH OCCURRENCE $DAMAGE TO 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 300,000 X WA STOP GAP$1,000,000 MED EXP(Any one person) $ 10,000 X $1,000 PD DED PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRa LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY X X 2091645912 12/31/2013 12/31/2014 COMBINED SINGLE LIMIT $ 1,000,000 B (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS x AUTOS (Per accident) _ $ C UMBRELLA LIAB X OCCUR X X TUE595592811 12/31/2013 12/31/2014 EACH OCCURRENCE $ . 15,000,000 X EXCESS LIAB CLAIMS-MADE - AGGREGATE $ 15,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION08/10/2014 08/10/2015 STATUTE OERH D AND EMPLOYERS'LIABILITY 14H WS 31391 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) PROJECT:2014 HOOPFESS BASKETBALL COURT INSTALLATION AT BROWNS PARK. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED STATUS IS GIVEN TO THE CITY OF SPOKANE VALLEY AS GRANTED BY THE FORM ATTACHED. WAIVER OF SUBROGATION AND PER PROJECT AGGREGATE DO APPLY PER THE FORM(S)ATTACHED. CERTIFICATE HOLDER CANCELLATION CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 11707 EAST SPRAGUE AVENUE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. SUITE 103 SPOKANE VALLEY,WA 99206 AUTHORIZED REPRESENTATIVE 19(4/l n._ I 40.1,_ The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) CNA G Ed.01/13) BLANKET ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS- WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract" per Paragraph A. below.) Locations of Covered Operations (As per the"written contract,'provided the location is within the"coverage territory"of this Coverage Part.) A. Section II-Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by 'written contract' to add as an additional insured on this Coverage Part;and 2. The particular person or organization, if any,scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for 'bodily injury,' 'property damage,"or°personal and advertising injury"caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the"written contracts;or b. 'Your work"that is specified in the'written contract' but only for"bodily injury" or"property damage" included in the'products-completed operations hazard,*and only if: (1) The"written contract°requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. if the °written contract°specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010(aka CG 20 10 10 01),or via the 10/01 edition of CG2037(aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words'arising out of'. mimmemmos- 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the°written contract"; c. That described in B.1.above; or IMENN d. That afforded to you under this policy, whichever is less. G-140331-D (Ed.01/13) Page 1 of 2 Copyright,CNA All Rights Reserved. G-140331-D (Ed.01/13) 4. Notwithstanding anything to the contrary in Condition 4.Other Insurance(Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the"written contract'to be primary and non-contributory, this insurance will be primary and non- contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to"bodily injury," °property damage,"or"personal and advertising injury°arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps; shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications; and (2) Supervisory, inspection,architectural or engineering activities;or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an 'occurrence' or an offense which may result in a claim or 'suit° under this insurance, and of any claim or"suit'that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or'suit°;and (4) Tender the defense and indemnity of any claim or "suit' to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the °written contract' requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or'suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V—DEFINITIONS is amended to add the following definition: "Written contract"means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The"bodily injury"or'property damage"; or b. The offense that caused the'personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. G-140331-D (Ed. 01/13) Page 2 of 2 Copyright,CNA All Rights Reserved. 0-18652-J CNA (Ed.07/12) CONTRACTORS'GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below.For particulars and limitations affecting each coverage,please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional Insured extensions. 2. Bodily Injury—Expanded Definition 3. Broad Knowledge of Occurrence/Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To"Your Product"And"Your Work" Limit:$100,000. 6. Contractual Liability—Railroads Expanded definition of"insured contract." 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit:$100,000. 9. Expanded Personal And Advertising Injury-Discrimination Or Humiliation • 10. Expected Or Intended Injury Reasonable force—'bodily injury°or'property damage." 11. General Aggregate Limits Of Insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizations. • 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit Increased to$500,000 for Damage to Premises Rented To You. $25,000 limit for'property damage"to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits Increased to$15,000. Reporting increased to three years from the date of accident. 19. Non-owned Aircraft Coverage 20. Non-owned Watercraft Increased to 75 feet. 21. Primary And Non-Contributory To Other Insurance 22. Property Damage-Elevators 23. Supplementary Payments Cost of bail bonds Increased to$5,000. Daily loss of earnings increased to$1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation-Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap-Up Extension G-18652-J (Ed.07/12) Page 1 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) 1. ADDITIONAL INSURED not apply to any "occurrence" which takes SECTION II—WHO IS AN INSURED is amended to place after the equipment lease expires, include as an insured any person or organization D. Lessor•Land (called additional insured)described in paragraphs A. An owner or other interest from whom land has through G.below whom you are required to add as an been leased by you but only with respect to additional insured on this policy under a written liability arising out of the ownership, maintenance contract or written agreement, provided the written or use of that specific part of the land leased to contract or written agreement: you and subject to the following additional I is currently in effect or becomes effective exclusions: during the term of this policy;and This insurance does not apply to: ii. Was executed prior to the °bodily injury," 1. Any"occurrence"which takes place after you °property damage° or °personal injury and cease to lease that land;or advertising injury" for which the additional Insured seeks coverage. 2. Structural alterations, new construction or the additional demolition operations performed by or on However, we will not providebehalf of such additional insured. insured any broader coverage or any higher limit of insurance than the least that is: E. Lessor-Premises a. The maximum permitted by law; A manager or lessor of premises but only with b. Required in the written contract or written respect to liability arising out of the ownership, q maintenance or use of that specific part of the agreement; premises leased to you and subject to the c. Afforded to you under this policy;or following additional exclusions: d. Described in the applicable paragraphs A. This insurance does not apply to: through G.below. 1. Any°occurrence°which takes place after you A. Controlling Interest cease to be a tenant In that premises;or Any persons or organizations with a controlling 2. Structural alterations, new construction or interest in you but only with respect to their liability demolition operations performed by or on arising out of: behalf of such additional insured. • 1. Their financial control of you;or F. Mortgagee,Assignee or Receiver 2. Premises they own, maintain or control while A mortgagee,assignee or receiver but only with you lease or occupy these premises. respect to their liability as mortgagee,assignee,or receiver and arising out of the ownership, This insurance does not apply to structural maintenance,or use of a premises by you. alterations, new construction and demolition operations performed by or for such additional This insurance does not apply to structural Insured. alterations,new construction or demolition operations performed by or for such additional B. Co-owner of Insured Premises insured. A co-owner of a premises co-owned by you and G. State or Governmental Agency or Subdivision covered under this insurance but only with respect • or Political Subdivisions to the co-owner's liability as co-owner of such premises. A state or governmental agency or subdivision or C. Lessor-Equipment political subdivision subject to the following provisions: 1. Any person or organization from whom you 1. This insurance applies only with respect to the lease equipment, but only with respect to following hazards for which the state or liability for "bodily injury," °property damage" governmental agency or subdivision or or°personal and advertising injury"caused, in political subdivision has issued a permit or whole or in part, by your maintenance, authorization in connection with premises you operation or use of equipment leased to you own, rent, or control and to which this by such person or organization. insurance applies: 2. With respect to the insurance afforded to a. The existence, maintenance, repair, these additional Insureds,this insurance does construction, erection, or removal of G-18652-J (Ed.07/12) Page 2 of 11 Copyright,CNA AU Rights Reserved. G-18652-J (Ed.07/12) advertising signs, awnings, canopies, (3) An executive officer or the employee cellar entrances, coal holes, driveways, designated by you to give such notice, if you manholes, marquees, hoistaway are a corporation;or openings,sidewalk vaults,street banners, (4) A manager, if you are a limited liability or decorations and similar exposures;or company. b. The construction, erection, or removal of B. NOTICE OF OCCURRENCE elevators;or c. The ownership, maintenance or use of Your rights under this Coverage Part will not be any elevators covered by this insurance. prejudiced if you fail to give us notice of an occurrence, offense,claim or suit and that 2. This insurance applies only with respect to failure is solely due to your reasonable belief that operations performed by you or on your behalf the"bodily Injury"or°property damage°is not for which the state or governmental agency or covered under this Coverage Part.However,you subdivision or political subdivision has issued shall give written notice of this'occurrence," a permit or authorization. offense,claim or"suit'to us as soon as you are aware that this insurance may apply to such 3. This insurance does not apply to: "occurrence,"offense claim or'suit." a. °Bodily injury,' "property damage" or 4. BROAD NAMED INSURED "personal and advertising injury° arising out of operations performed for the A. Any subsidiary or affiliate organization, other than federal government,state or municipality; a partnership, joint venture or limited liability or company, in which a Named Insured specifically b. °Bodily injury" or °property damage° • shown in the Declarations has management within the "products-completed control, directly or through one or more subsidiary included operations hazard." organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar A governmental permit which requires you to add insurance available to such organization, nor the governmental entity as an additional insured similar insurance which would be available but for will trigger this Provision 1.as if the ermit were a exhaustion of its limits. For the purpose of this writtengontract. p provision,similar insurance means general liability 2. BODILY INJURY—EXPANDED DEFINITION or equivalent insurance, no matter whether Its coverage is broader or narrower than that SECTION V—DEFINITIONS,the definition of"bodily provided by this insurance. But if the only other injury"is changed to read: similar insurance is for a "consolidated (wrap-up) program,' then a subsidiary that qualifies as a I 'Bodily injury'means bodily injury,sickness or disease Named Insured on such project-specific insurance sustained by a person,including death,humiliation, can still qualify as a Named Insured on this shock,mental anguish or mental Injury by that person insurance, but not for projects covered by the at any time which results as a consequence of the °consolidated(wrap-up)program." bodily injury,sickness or disease. [Please see Item 26.C.of this endorsement for the 3. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE definition of"consolidated(wrap-up)program."] OF OCCURRENCE B. This endorsement does not apply to any Condition 2.Duties in The Event of Occurrence, organization for which coverage is excluded by Offense,Claim or Suit of SECTION IV— another endorsement attached to this policy. COMMERCIAL GENERAL LIABILITY CONDITIONS is MIMINIMI amended to add the following provisions: C. Only for the purpose of this endorsement: ii A. BROAD KNOWLEDGE OF OCCURRENCE 1. Management control means: . You must give us or our authorized representative a. Ownership interest representing more notice of an 'occurrence,"offense, claim, or"suit" than 50% of the voting, appointment, or only when the "occurrence,' offense, claim or designation power for the subsidiary °suit°is known to: organization's governing body;or (1) You,if you are an individual; b. Having the right, pursuant to a written contract, or pursuant to the by-laws, (2) A partner,if you are a partnership; charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary G-18652-J(Ed.07/12) Page 3 of 11 Copyright,CNA AU Rights Reserved. • G-18652-1 (Ed.07/12) organization to select, appoint, or (a) Fire; designate a majority of the subsidiary organization's governing body. Such (b) Smoke; contract or document must have been (c) Collapse; or created prior to the time of loss;or (d) Explosion. c. Having the right, pursuant to a written trust agreement, to protect, control the B. The following paragraph is added to SECTION III use of, encumber or transfer and sell -LIMITS OF INSURANCE: property held by a trust. Subject to 5.above,$100,000 is the most we will 2. Governing body means the Board of Directors pay under.Coverage A for the sum of damages of a corporation. arising out of any one°occurrence"because of 'property damage'to"your product"and"your 3. Loss means: work°that is caused by fire,smoke,collapse or a. The occurring of the `bodily Injury" or explosion and is Included within the"product- 'property damage";or completed operations hazard. This sublimit does not apply to property damage°to your work if b. The committing of the offense that caused the'damaged work or the work out of which the the°personal and advertising injury.° damage arises was performed on your behalf by a D. The Insurance provided by this policy applies to subcontractor. Named Insureds when trading under their own C. This Provision 5. Broadened Liability Coverage names, or under such trading names or doing- For Damage To "Your Product" And "Your business-as (DBA) names as any should choose Work" does not apply if an endorsement of the to employ. same name is attached to this policy. 5. BROADENED LIABILITY COVERAGE FOR 6. CONTRACTUAL LIABILITY-RAILROADS • DAMAGE TO "YOUR PRODUCT" AND "YOUR With respect to operations performed within 50 feet of WORK" railroadroprty� e the definition of"Insured contract"in P A. Under SECTION I - COVERAGE A - BODILY SECTION V-DEFINITIONS is replaced by the INJURY AND PROPERTY DAMAGE LIABILITY, following: Paragraph 2. Exclusions Is amended to delete "Insured Contract"means: exclusions k. and I. and replace them with the following: a. A contract for a lease of premises. However, that [This insurance does not apply to:] portion of the contract for a lease of premises that Indemnifies any person or organization for k. Damage to Your Product damage by fire to premises while rented to you or temporarily occupied by you with permission of "Property damage"to"your product"arising the owner is not an"insured contract"; out of it,or any part of it except when caused by or resulting from: b. A sidetrack agreement; (1) Fire; c. Any easement or license agreement; (2) Smoke; d. An obligation, as required by ordinance, to in(3) Collapse;or workdeformunicipality;iamunicipality,cexcept in connection with • (4) Explosion. e. An elevator maintenance agreement; I. Damage to Your Work f. That part of any other contract or agreement "Property damage°to"your work°arising out of it, pertaining to your business (including an or any part of it and included in the"products- indemnification of a municipality in connection with completed operations hazard." work performed for a municipality) under which you assume the tort liability of another party to pay This exclusion does not apply: for "bodily injury" or 'property damage° to a third (1) If the damaged work or the work out of person or organization. Tort liability means a which the damage arises was performed liability that would be imposed by law in the on your behalf by a subcontractor;or absence of any contract or agreement. (2) if the cause of loss to the damaged work Paragraph 1.does not include that part of any arises as a result of: contract or agreement: • G-18652-J(Ed.07/12) Page 4 of 11 • Copyright,CNA All Rights Reserved. . J • G-18652-J (Ed.07/12) (1) That indemnifies an architect, engineer or °Electronic data°means information,facts or • surveyor for injury or damage arising out of: programs stored as or on,created or used on,or (a) Preparing, approving or failing to prepare transmitted to or from computer software or approve maps, shop drawings, (including systems and applications software), opinions, reports, surveys, field orders, hard or floppy disks,CD-ROMs,tapes,drives, • orders or drawings and cells,data processing devices or any other media changehanications;or which are used with electronically controlled sequipment. (b) Giving directions or instructions, or failing D. For the purposes of the coverage provided by this to give them, if that is the primary cause endorsement, the definition of 'property damage" of the injury or damage; in SECTION V-DEFINITIONS is replaced by the (2) Under which the insured, if an architect, following: engineer or surveyor, assumes liability for an 17. °Property damage'means: injury or damage arising out of the insured's rendering or failure to render professional a. Physical injury to tangible property, • services, including those listed in (1) above including all resulting loss of use of that and supervisory, inspection, architectural or property. All such loss of use shall be engineering activities. deemed to occur at the time of the 7. CONTRACTUAL LIABILITY FOR PERSONAL AND physical injury that caused it; ADVERTISING INJURY b. Loss of use of tangible property that is not Under SECTION 1-COVERAGE B-PERSONAL physically Injured. All such loss of use shall be deemed to occur at the time of AND ADVERTISING INJURY LIABILITY, Paragraph 2. the"occurrence"that caused it;or Exclusions is amended to delete exclusion e. Contractual Liability. c. Loss of, loss of use of, damage to, This provision 7.does not apply to any person or corruption of, inability to access, or organization who otherwisequalifies as an additional inability to properly manipulate electronic g data," resulting from physical injury to o insured on this Coverage Part. tangible property. All such loss of 8. ELECTRONIC DATA LIABILITY "electronic data° shall be deemed to occur at the time of the "occurrence'that A. Under SECTION I - COVERAGE A - BODILY caused it. INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. For the purposes of this insurance,"electronic Electronic Data and replace It with the following: data"is not tangible property. Rhis insurance does not appY tot]i E. If Electronic Data Liability is provided at a higher m s limit by another endorsement attached to this § p. Electronic Data policy, then the $100,000 limit provided by this Damages arising out of the loss of, loss of use of, Provision 8. Electronic Data Liability is part of, damage to, corruption of, inability to access, or and not in addition to,that higher limit. 1 inability to manipulate °electronic data° that does 9. EXPANDED PERSONAL AND ADVERTISING not result from physical injury to tangible property. INJURY-DISCRIMINATION OR HUMILIATION • However,this exclusion does not apply to liability A. SECTION V- DEFINITIONS is amended to add for damages because of"bodily injury." the following to the definition of °Personal and B. The following paragraph Is added to SECTION III advertising injury': -LIMITS OF INSURANCE: h. Discrimination or humiliation that results in Subject to 5.above,$100,000 is the most we will injury to the feelings or reputation of a natural pay under Coverage A for all damages arising out person, but only if such discrimination or of any one'occurrence"because of°property humiliation is: damage"that results from physical injury to (1) Not done intentionally by or at the — tangible property and arises out of"electronic direction of: data." C. The following definition is added to the SECTION.-.= (a) The insured;or V-DEFINITIONS: (b) Any "executive officer," director, stockholder, partner, member or G-18652-J(Ed. 07/12) Page 5 of 11 Copyright,CNA All Rights Reserved. G-18652-1 (Ed.07/12) manager (if you are a limited liability "property damage" included in the company)of the insured;and "products-completed operations hazard"; (2) Not directly or indirectly related to the and employment, prospective employment, 2. All medical expenses under Coverage C, past employment or termination of that arise from"occurrences"or accidents employment of any person or persons by which can be attributed solely to ongoing any insured. operations at that construction project. • B. Under SECTION I—COVERAGE B—PERSONAL Such payments shall not reduce the AND ADVERTISING INJURY LIABILITY, General Aggregate Limit shown in the Paragraph 2. Exclusions is amended to add the Declarations, nor the Construction Project- following additional exclusions: Aggregate Limit of any other construction project. [This insurance does not apply to:] Discrimination Relating To Room,Dwelling B. All: • or Premises 1. Damages under Coverage B, regardless of °Persoral or advertising irijury°caused by the ..number.. of . locations... or construction discrimination directly or indirectly related to projects involved; the sale,rental,lease or sub-lease or 2. Damages under Coverage A, caused by prospective sale,rental,lease or sub-lease of 'occurrences° which cannot be attributed any room,dwelling or premises by or at the solely to ongoing operations at a .single direction of any insured. construction project, except damages Fines Or Penalties • because of "bodily injury° or "property damage included In the products-completed Fines or penalties levied or imposed by a operations hazard";and governmental entity because of 3. Medical expenses under Coverage C caused discrimination. by accidents which cannot be attributed solely This provision 9.does not apply to any person or to ongoing operations at a single construction organization who otherwise qualifies as an project, additional Insured on this Coverage Part. will reduce the General Aggregate Limit shown in 10. EXPECTED OR INTENDED INJURY • the Declarations. Under SECTION i—COVERAGE A—BODILY C. The limits shown in the Declarations for Each INJURY AND PROPERTY DAMAGE LIABILITY, Occurrence, for Damage To Premises Rented To Paragraph 2.Exclusions is amended to delete You and for Medical Expense continue to apply, exclusion a.Expected or Intended injury and but will be subject to either the Construction replace it with the following: Project Aggregate Limit or the General Aggregate [This insurance does nota I to: Limit,depending on whether the "occurrence" can apply ] be attributed solely to ongoing operations at a a. Expected or Intended injury particular construction project. 'Bodily Injury'or°property damage'expected D. When coverage for liability arising out of the or intended from the standpoint of the insured. °products-completed operations hazard" is This exclusion does not apply to"bodily provided, any payments for damages because of injury°or"property damage°resulting from the "bodily Injury° or "property damage" included in use of reasonable force to protect persons or the "products-completed operations hazard," property. regardless of the number of locations involved will reduce the Products-Completed Operations * 11. GENERAL AGGREGATE LIMITS OF Aggregate Limit shown in the Declarations. INSURANCE-PER PROJECT E. If a .single construction project away from A. For each construction project away from premises owned by or rented to the insured has premises you own or rent, a separate been abandoned and then restarted, or if the Construction Project General Aggregate Limit, authorized contracting parties deviate from plans, equal to the amount of the General Aggregate blueprints, designs, specifications or timetables, Limit, is the most we will pay for the sum of: the project will still be deemed to be the same 1. All damages under Coverage A, except construction project. damages because of "bodily injury' or G-18652-J(Ed.07/12) Page 6 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) F. The provisions of SECTION III – LIMITS OF C. SECTION V – DEFINITIONS is amended to add INSURANCE not otherwise modified by this the following new definition: endorsement shall continue to apply as stipulated. "Health care incident"means a negligent act,error 12. IN REM ACTIONS or omission by your "employees" or "volunteer Any action In rem against any vessel owned or workers"working on your behalf in the rendering operated by or for you,or chartered by or for you will of or failure to render professionaloving health care be treated in the same manner as though the action services inany of the following capacities,es, or the • were in personam against you, related furnishing of food, beverages, medical supplies or appliances: In rem is a term used to designate actions Instituted a. Physician; against the thing,as distinct from actions against the person,which are said to be in personam. b. Nurse; 13. INCIDENTAL HEALTH CARE MALPRACTICE c. Emergency medical technician; COVERAGE d. Paramedic; A. With respect only to "bodily injury" that arises out e. Chiropractor; of a "health care incident, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE f. Dentist; LIABILITY OF SECTION I – COVERAGES is Athletic trainer; amended to replace Insuring Agreement g. Paragraphs 1.b.(1)and 1.b.(2)with the following: h. Audiologist; b. This insurance applies to'bodily injury°only if I. Physical therapist; you are not In the business of providing professional health care services,and only if: j. Psychologist; (1) The "bodily injury' is caused by an k. Speech therapist; "occurrence" that takes place in the I. Other allied health professional;or "coverage territory." For the purpose of 0 this insurance: m. Provider of first aid or Good Samaritan (a)0 "Bodily injury" caused by a 'health services rendered in an emergency and for care incident" will be considered which no payment is demanded or received. caused by an"occurrence";and D. SECTION I–COVERAGE A– BODILY INJURY All acts, errors or omissions that are AND PROPERTY DAMAGE, Paragraph 2. (b) Exclusions is amended to add the following logically connected by any common additional exclusions.These new exclusions apply fact, circumstance, situation, only to this Incidental Health Care Malpractice transaction, event,advice or decision Coverage: will be considered to constitute a single"occurrence"; [This insurance does not apply to:] (2) The 'bodily injury° occurs during the Dishonesty or Crime policy period. All 'bodily Injury" arising � Any dishonest, criminal or malicious act, error or from an "occurrence" will be deemed to omission. have occurred at the time of the first act, error, or omission that is part of the Clinical Trials/Product Testing °occurrence";and Acts, errors or omissions that occur in the course B. With respect only to the insurance provided by this of human clinical trials or product testing. Provision 13., Exclusion 2.e.Employer's Liability Medicare/Medicaid Fraud of SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE, is amended Medicare or Medicaid fraud or abuse. to append the following: Services Excluded by Endorsement Only for "bodily injury' not covered by other liability insurance (including state-sanctioned self Any "health care incident" for which coverage is insurance) available to the insured (or which excluded by endorsement. would be available but for exhaustion of its limits), E. SECTION V– DEFINITIONS is amended to add — this exclusion does not apply to°bodily injury°that the following subparagraph to Paragraph 1. of the arises out of a"health care incident." definition of"insured contract": G-18652-J(Ed.07/12) Page 7 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) • Paragraph f. does not include that part of any A. The following is added to SECTION II —WHO IS contract or agreement: AN INSURED: (4) Under which you assume another's tort 4. You are an insured when you had an interest liability for 'bodily Injury° arising out of the in a joint venture, partnership or limited rendering of or failure to render professional liability company which terminated or ended health care services. prior to or during this policy period, but only to F. SECTION II HO IS AN IN INSURED is amended the extent of your interest in such joint to add the following—Wprovisions: venture, partnership or limited liability company.This coverage does not apply: 1. Your "employees" are insureds with respect a. Prior to the termination date of any joint to: venture, partnership or limited liability a. "bodily injury"to a co-"employee"while In company; the course of the co"employee's" b. If there is other valid and collectible employment by you or while performing Insurance purchased specifically to insure duties related to the conduct of your the partnership, joint venture or limited business;and liability company;or b. °bodily injury" to a "volunteer worker" c. To a joint venture, partnership or limited while performing duties related to the liability company which is or was insured conduct of your business; under a "consolidated (wrap-up) when such°bodily injury"arises out of a insurance program.° "health care incident." [Please see Item 26.C. of this endorsement 2. Your "volunteer workers° are Insureds with for the definition of "consolidated (wrap-up) respect to: program."j a. 'bodily injury° to a co"volunteer worker" B. The last paragraph of SECTION II—WHO iS.AN while performing duties related to the INSURED is deleted and replaced by the conduct of your business;and following: b. °bodily injury° to an "employee" while In Except as provided under the Contractors' the course of the "employee's" General Liability Extension Endorsement or by the employment by you or while performing attachment of another endorsement (if any), no duties related to the conduct of your person or organization Is art insured with respect business; to the conduct of any current or past partnership, joint venture or limited liability company that is not when such "bodily Injury" arises out of a shown as a Named Insured in the Declarations. "health care incident." 3. Paragraphs 2.a. (1)(a), (b) and (c) of 15. LEGAL LIABILITY/ALIENATED PREMISES/ BORROWED EQUIPMENT SECTION II—WHO IS AN INSURED do not apply to °bodily injury" for which insurance is A. Under SECTION I — COVERAGE A — BODILY provided this Provision 13. INJURY AND PROPERTY DAMAGE, Paragraph 4. Paragraph 2.a.1 d of SECTION II—WHO IS 2. Exclusions is amended to delete exclusion j. ( )( ) Damage to Property in its entirety and replace it AN INSURED is deleted. with the following: G. With respect to the insurance provided by this [This insurance does not apply to:1 Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL 1. Damage to Property GENERAL LIABILITY CONDITIONS: °Property damage"to: To the extent this insurance applies, it is excess (1) Property you own,rent,or occupy; over any of the other Insurance(Including qualified self insurance), whether primary, excess, (2) Premises you sell, give away or abandon, contingent or on any other basis, except for If the"property damabe"arises out of any Insurance purchased specifically by you to be part of those premises; excess of this policy. (3) Property loaned to you; 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES (4) Personal property in the care, custody or control of the Insured; G-18652-J(Ed.07/12) Page 8 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) (5) That particular part of real property on others that occurs while the equipment is being which you or any contractors or used to perform operations. subcontractors working directly or D. Paragraph 6. Damage To Premises Rented To indirectly on your behalf are performing You Limit of SECTION III – LIMITS OF operations, if the "property damage" INSURANCE is replaced by the following: arises out of those operations;or • (6) That particular part of any property that 6. Subject to Paragraph 5. above, (the Each must be restored, repaired or replaced Occurrence Limit), the Damage To Premises because your work was incorrectly Rented To You Limit is the most we will pay performed on it. f under SECTION – I – COVERAGE A for damages because of °property damage° to Paragraph(2)of this exclusion does.not apply any one premises while rented to you or if the premises are"your work.° temporarily occupied by you with the Paragraphs (3) and (4) of this exclusion do permission of the owner, including contents of not apply to "property damage° to tools or suchor premises rented d days.tyou for a period of 7 equipment loaned to you. A separate limit of Premisesr fewerconsecutive Toe The Damagee greater To insurance applies to such tools or equipment Rented You Limit Is the of: that are damaged while being used in your operations. a. $500,000;or Paragraphs (1), (3) and (4) of this exclusion b. The Damage To Premises Rented To do not apply to°property damage" (other than You Limit shown in the Declarations. damage by fire) to premises rented to you or E. Paragraph 4.b.(1)(a)(ii) of SECTION IV – temporarily occupied by you with the COMMERCIAL GENERAL LIABILITY permission of the owner, or to the contents of CONDITIONS is deleted and replaced by the premises rented to you for a period of 7 or following: fewer consecutive days. A separate limit of • insurance applies to Damage To Premises • (ii) That is property insurance for premises rented Rented To You as described in SECTION III– to you, for premises temporarily occupied by CO LIMITS OF INSURANCE. you with the permission of the owner; or for 8Paragraphs (3), (4), (5) and (6) of this personal property of others In your care, exclusion do not apply to liability assumed custody or control; under a sidetrack agreement. F. This Provision 15. does not apply if Damage To Paragraph(6)of this exclusion does not apply Premises Rented To You Liability under SECTION to 'property damage° included in the –I–COVERAGE A is excluded by endorsement. "products-completed operations hazard.' 16. LIBERALIZATION CLAUSE B. Under SECTION I – COVERAGE A – BODILY If we adopt a change in our forms or rules which would INJURY AND PROPERTY DAMAGE the last broaden coverage for contractors under this g paragraph of Paragraph 2. Exclusions is deleted endorsement without an additional premium charge, I and replaced by the following. your policy will automatically provide the additional Exclusions c.through n. do not apply to damage coverage as of the date the revision is effective in your by fire to premises while rented to you or state. temporarily occupied by you with permission of 17. LIQUOR LIABILITY the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. Under SECTION I–COVERAGE A–BODILY = INJURY AND PROPERTY DAMAGE,Paragraph 2. A separate limit of insurance applies to this Exclusions is amended to delete exclusion c.Liquor coverage as described in SECTION III – LIMITS Liability. OF INSURANCE. This provision 17.does not apply to any person or C. The following paragraph is added to SECTION III organization who otherwise qualifies as an additional –LIMITS OF INSURANCE: insured on this Coverage Part. Subject to 5. above, $25,000 is the most we will 18. MEDICAL PAYMENTS pay under Coverage A for damages arising out of — any one °occurrence" because of "property A. Paragraph 7.Medical Expense Limit, of SECTION damage° to tools or equipment loaned to you by III – LiMITS OF INSURANCE Is deleted and replaced by the following: G-18652-J(Ed.07/12) Page 9 of 11 Copyright,CNA All Rights Reserved. • G-18652-J (Ed.07/12) 7. Subject to Paragraph 5. above (the Each following is added to Paragraph 4.of SECTION IV- Occurrence Limit), the Medical Expense Limit COMMERCIAL GENERAL LIABILITY CONDITIONS: is the most we will pay under SECTION—I— If you have agreed in writing in a contract or COVERAGE C for all medical expenses because of "bodily injury° sustained by any agreement that this insurance is primary and non- one person.The Medical Expense Limit is the contributory relative to an additional insured's own greater of: insurance,then this insurance is primary and we will not seek contribution from that other insurance. For (1) $15,000;or the purpose of this Provision 21.,the additional The amount shown in the Declarations for insured's own insurance means insurance on which (2) the additional insured is a Named Insured. Medical Expense Limit. This Provision 21.does not apply in situations where B. Paragraph 1.a.(3)(b)of SECTION I—COVERAGE the endorsement on this policy affording coverage to C MEDICAL PAYMENTS, is replaced by the the additional Insured specifies that this insurance Is following: excess over any other insurance available to that (b) The expenses are incurred and reported to us additional insured. • within three yearsof thedate of the accident; 22. PROPERTY DAMAGE—ELEVATORS and This paragraph B. does not I to medical A. Under SECTION I — COVERAGE A — BODILY P P apply INJURY AND PROPERTY DAMAGE, Paragraph expenses incurred in the state of Missouri. 2. Exclusions is amended such that exclusion k. 19. NON-OWNED AIRCRAFT Damage to Your Product, and subparagraph (3), (4)and(6)of exclusion I.Damage to Property do Under SECTION I—COVERAGE A—BODILY not apply °property damage' that results from the INJURY AND PROPERTY DAMAGE LIABILITY. use of elevators. Paragraph 2.Exclusions is amended such that exclusion g.Aircraft,Auto or Watercraft does not B.With respect only to the coverage provided by this apply to an aircraft you do not own, provided that: endorsement, Condition 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL 1. The pilot in command holds a currently effective LIABILITY CONDITIONS is amended to add the certificate issued by the duly constituted authority following subparagraph b.(1Xa)(v): of the United States of America or Canada, designating that person as a commercial or airline 4. Other Insurance transport pilot; b. Excess Insurance 2. The aircraft is rented to you with a trained, paid (1) This insurance is excess over: crew;and (a) Any of the other insurance, 3. The aircraft does not transport persons or cargo whether primary, excess, . for a charge. contingent or on any other basis: 20. NON-OWNED WATERCRAFT (v) That is Property insurance Under SECTION I—COVERAGE A—BODILY covering property of others INJURY AND PROPERTY DAMAGE LIABILITY, damaged from the use of Paragraph 2.Exclusions is amended to delete elevators. subparagraph(2)of exclusion g.Aircraft,Auto or 23. SUPPLEMENTARY PAYMENTS Watercraft and replace it with the following. apply A. Under Section I — Supplementary Payments — [This exclusion does notto:] Coverages A and B, Paragraph 1.b., the limit of (2) A watercraft you do not own that is: $250 shown for the cost of bail bonds is replaced by$5,000: (a) Less than 75 feet long;and B. In Paragraph 1.d.,the limit of$250 shown for daily (b) Not being used to carry persons or property loss of earnings is replaced by$1,000. for a charge. 24. UNINTENTIONAL FAILURE TO DISCLOSE 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER HAZARDS INSURANCE If unintentionally you should fail to disclose all existing With respect to any person or organization that is an hazards at the Inception date of your policy,we will not additional insured under this Coverage Part,the deny coverage under this Coverage Part because of such failure. G-18652-J(Ed.07/12) Page 10 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed.07/12) 25. WAIVER OF SUBGROGATION-BLANKET or during such operations of anyone acting on Under SECTION IV—COMMERCIAL GENERAL your behalf;nor LIABILITY CONDITIONS,The Transfer Of Rights Of 2. "Bodily injury° or "property damage" included Recovery Against Others To Us Condition is amended within the "products-completed operations by the addition of the following: hazard"that arises out of those portions of the We waive any right of recovery we may have against project that are not"residential structures." any person or organization because of payments we B. SECTION IV — COMMERCIAL GENERAL make for injury or damage arising out of: LIABILITY CONDITIONS is amended to add the 1. Your ongoing operations;or following subparagraph 4.b.(1)(c) to Condition 4. Other Insurance: 2. "Your work" included in the "products completed [This insurance is excess over:] operations hazard." However,this waiver applies only when you have (c) Any of the other insurance whether primary, agreed in writing to waive such rights of recovery in a excess, contingent or any other basis that is • or agreement,and only if the contract or insurance available to you as a result of your a re contract or being a participant Ina "consolidated (wrap- 9 up) insurance program," but only as respects 1. Is in effect or becomes effective during the term of your involvement in that "consolidated (wrap- this policy;and up) insurance program.' 2. Was executed prior to loss. C. SECTION V— DEFINITIONS is amended to add • 26. WRAP-UP EXTENSION: OWNER CONTROLLED the following definition: INSURANCE PROGRAM, CONTRACTOR °Consolidated(wrap-up)insurance program' CONTROLLED INSURANCE PROGRAM OR means a construction,erection or demolition CONSOLIDATED (WRAP-UP) INSURANCE project for which the prime contractor/project PROGRAMS manager or owner of the construction project has secured general liability insurance covering some Note:The following provision does not apply to any or all of the contractors or subcontractors involved apublic construction project In the state of Oklahoma, in the project,such as an Owner Controlled a anor to any construction project in the state of Alaska, Insurance Program(O.C.I.P.)or Contractor that is not permitted to be Insured under a Controlled insurance Program(C.C.I.P.). • "consolidated(wrap-up)insurance program"by applicable state statute or regulation: "Residential structure"means any structure where 30%or more of the square foot area is used or is If the endorsement EXCLUSION—CONSTRUCTION intended to be used for human residency including I WRAP-UP or another exclusionary endorsement but not limited to single or multifamily housing, 1pertaining to Owner Controlled Insurance Programs apartments,condominiums,townhouses,co- �, (O.C.I.P.)or Contractor Controlled Insurance operatives or planned unit developments and also Programs(C.C.I.P.)is attached to this policy,then the includes their common areas and/or appurtenant following changes apply: structures(including pools,hot tubs,detached A. The following wording is added to the garages,guest houses or any similar structures). $ endorsement: " When there is no individual ownership of units, • residential structure does not include military With respect to a°consolidated(wrap-up) housing,college/university housing or dormitories, insurance program°project in which you are or long term care facilities,hotels, or motels. were involved,this exclusion does not apply to Residential structure also does not Include those sums you become legally obligated to pay hospitals or prisons. as damages because of: -- This provision 26.does not apply to any person or 1. "Bodily injury," "property damage," or • organization who otherwise qualifies as an "personal or advertising injury° that occurs additional insured on this Coverage Part. during your ongoing operations at the project, All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties,Inc G-18652-J(Ed.07/12) Page 11 of 11 Copyright,CNA All Rights Reserved.