15-087.00 Right Systems: Network Switch Replacement AGREEMENT FOR PROFESSIONAL SERVICES
Right!Systems,Inc.
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington,hereinafter"City"and Right Systems,Inc. , hereinafter "Contracting Entity,"
jointly referred to as"Parties."
IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows:
1. Work to Be Performed. Contracting Entity shall provide all labor, services and material to
satisfactorily complete the attached Scope of Services.
A.Administration. The City Manager or designee shall administer and be the primary contact for
Contracting Entity. Prior to commencement of work, Contracting Entity shall contact the City
Manager or designee to review the Scope of Services, schedule and date of completion. The
Scope of Services is attached hereto as Exhibit 1. Upon notice from the City Manager or
designee, Contracting Entity shall commence work, perform the requested tasks in the Scope of
Services,stop work and promptly cure any failure in performance under this Agreement.
B. Representations. The City has relied upon the qualifications of Contracting Entity in entering
into this Agreement. By execution of this Agreement, Contracting Entity represents it possesses
the ability, skill
and resources necessary to perform the work and is familiar with all current laws,
rules and regulations which reasonably relate to the Scope of Services. No substitutions of
agreed-upon personnel shall be made without the prior written consent of the City.
Contracting Entity represents that the compensation as stated in paragraph 3 is adequate and
sufficient compensation for its timely provision of all professional services required to complete
the Scope of Services under this Agreement.
Contracting Entity shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and City shall not be responsible for discovering deficiencies therein.
Contracting Entity shall correct such deficiencies without additional compensation except to the
extent such action is directly attributable to deficiencies in City furnished information.
C. Standard of Care. Contracting Entity shall exercise the degree of skill and diligence normally
employed by architects, professional engineers or consultants performing the same or similar
services at the time such services are performed.
D.Modifications. The City may modify this Agreement and order changes in the work whenever
necessary or advisable. Contracting Entity will accept modifications when ordered in writing by
the City Manager or designee. Compensation for such modifications or changes shall be as
mutually agreed between the Parties. Contracting Entity shall make such revisions in the work as
are necessary to correct errors or omissions appearing therein when required to do so by the City
without additional compensation.
2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain
in effect until completion of all contractual requirements have been met as determined by the City, but
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shall not continue longer than June 30, 2016, unless the time for performance is extended in writing by
the Parties.
Either party may terminate this Agreement for material breach after providing the other party with at least
ten days' prior notice and an opportunity to cure the breach. The City may, in addition, terminate this
Agreement for any reason by ten days' written notice to Contracting Entity. In the event of termination
without breach,the City shall pay Contracting Entity for all work previously authorized and satisfactorily
performed prior to the termination date.
3. Compensation. The City agrees to pay Contracting Entity$200.00 per hour as full compensation for
everything done under this Agreement on a time and materials basis,not to exceed a total contract cost of
$5,000.00 including any sales tax which may apply. Contracting Entity shall not perform any extra,
further or additional services for which it will request additional compensation from the City without a
prior written agreement for such services and payment therefor.
4. Payment. Contracting Entity shall be paid monthly upon presentation of an invoice to the City.
Applications for payment shall be sent to the City Clerk at the below stated address.
The City reserves the right to withhold payment under this Agreement which is determined in the
reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,
City standards,City Code,and federal or state standards.
5.Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTING ENTITY:
Name: Christine Bainbridge,City Clerk Name:Right! Systems Inc.
Phone Number:(509)921-1000 Phone Number: 1-800-571-1717
Address: 11707 East Sprague Ave, Suite 106 Address: 2600 Willamette Dr.NE,Suite C
Spokane Valley,WA 99206 Lacey,WA 98516
6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply
with all applicable federal, state, and local laws and regulations. Contracting Entity warrants that its
designs, construction documents, and services shall confirm to all federal, state and local statutes and
regulations.
7.Relationship of the Parties. It is understood,agreed and declared that Contracting Entity shall be an
independent contractor, and not the agent or employee of the City, that the City is interested in only the
results to be achieved,and that the right to control the particular manner, method and means in which the
services are performed is solely within the discretion of Contracting Entity. Any and all employees who
provide services to the City under this Agreement shall be deemed employees solely of Contracting
Entity. Contracting Entity shall be solely responsible for the conduct and actions of all its employees
under this Agreement and any liability that may attach thereto.
8. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared
by Contracting Entity under this Agreement are and shall be the property of the City, and may be subject
to disclosure pursuant to RCW 42.56 or other applicable public record laws. The written, graphic,
mapped, photographic, or visual documents prepared by Contracting Entity under this Agreement shall,
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unless otherwise provided,be deemed the property of the City. The City shall be permitted to retain these
documents, including reproducible camera-ready originals of reports, reproduction quality mylars of
maps, and copies in the form of computer files, for the City's use. The City shall have unrestricted
authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data,
drawings, images or other material prepared under this Agreement, provided that the Contracting Entity
shall have no liability for the use of the Contracting Entity's work product outside of the scope of its
intended purpose. •
9. Records. The City or State Auditor or any of their representatives shall have full access to and the
right to examine during normal business hours all of Contracting. Entity's records with respect to all
matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make
excerpts or transcripts from such records and to make audits of all contracts, invoices,materials,payrolls
and record of matters covered by this Agreement for a period of three years from the date final payment is
made hereunder.
10. Insurance. Contracting Entity shall procure and maintain for the duration of the Agreement,
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 Contracting Entity, its agents, representatives,
employees or subcontractors.
A.Minimum Scope of Insurance. Contracting Entity 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. If use of vehicles pursuant to the
Agreement is only incidental, and Contracting Entity will not transport any persons not
directly related or affiliated with Contracting Entity, then Contracting Entity is only
required to have automobile liability insurance to meet at least minimum Washington
state requirements.
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
and personal injury and advertising injury. The City shall be named as an insured under
Contracting Entity's commercial general liability insurance policy with respect to the
work performed for the City.
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance. Contracting Entity shall maintain the following insurance
limits:
1.Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of$1,000,000 per accident. If Contracting Entity will not use its
vehicles in the performance of this Agreement, automobile liability insurance is only
required to meet Washington statutory minimum requirements.
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2. Commercial general liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
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. Contracting Entity's insurance coverage shall be primary insurance with respect to the
City. Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of Contracting Entity's insurance and shall not contribute with it.
2. Contracting Entity shall fax or send electronically in .pdf format a copy of insurer's
cancellation notice within two business days of receipt by Contracting Entity.
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,
Contracting Entity shall furnish acceptable insurance certificates to the City at the time
Contracting Entity 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 the City. Contracting Entity shall be
financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance.
11. Indemnification and Hold Harmless. Contracting Entity 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 Contracting Entity, Contracting Entity's agents, subcontractors, subconsultants
and employees to the fullest extent permitted by law,subject only to the limitations provided below.
Contracting Entity'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.
Contracting Entity'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) Contracting Entity, Contracting Entity's agents, subcontractors, subconsultants and employees,
shall apply only to the extent of the negligence of Contracting Entity, Contracting Entity's agents,
subcontractors,subconsultants and employees.
Contracting Entity'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.
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Contracting Entity 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 Contracting Entity's waiver of immunity under this provision extends only to
claims against Contracting Entity by City, and does not include, or extend to, any claims by Contracting
Entity's employees directly against Contracting Entity.
Contracting Entity hereby certifies that this indemnification provision was mutually negotiated.
12. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the
power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in
one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All
remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in
addition to every other remedy provided herein or by law. Failure of either party to enforce at any time
any of the provisions of this Agreement or to require at any time performance by the other party of any
provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the
validity of this Agreement or any part thereof.
13. Assignment and Delegation. Neither party shall assign, transfer or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without first obtaining the written
consent of the other party.
14. Subcontracts. Except as otherwise provided herein, Contracting Entity shall not enter into
subcontracts for any of the work contemplated under this Agreement without obtaining prior written
approval of the City.
15. Confidentiality. Contracting Entity may, from time to time, receive information which is deemed by
the City to be confidential. Contracting Entity shall not disclose such information without the prior
express written consent of the City or upon order of a Court of competent jurisdiction.
16. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes
between the City and Contracting Entity shall be resolved in the Superior Court of the State of
Washington in Spokane County. Notwithstanding the foregoing,Contracting Entity agrees that it may, at
the City's request, be joined as a party in any arbitration proceeding between the City and any third party
that includes a claim or claims that arise out of, or that are related to Contracting Entity's services under
this Agreement. Contracting Entity further agrees that the Arbitrator(s)decision therein shall be fmal and
binding on Contracting Entity and that judgment may be entered upon it in any court having jurisdiction
thereof.
17. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness
fees).
18. Entire Agreement. This written Agreement constitutes the entire and complete agreement between
the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,
modified or altered except in writing signed by the Parties hereto.
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19. Anti-kickback. No officer or employee of the City, having the power or duty to perform an official
act or action related to this Agreement shall have or acquire any interest in this Agreement, or have
solicited, accepted or granted a present or future gift, favor, service or other thing of value from any
person with an interest in this Agreement.
20. Business ReEistration. Prior to commencement of work under this Agreement, Contracting Entity
shall register with the City as a business.
21. Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid
for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any
other section,sentence,clause or phrase of this Agreement.
22.Exhibits. Exhibits attached and incorporated into this Agreement are:
1. Scope of Services
2. Insurance Certificates
The Parties have executed this Agreement this 15`s day of June 2015.
CITY OF SPOKANE VALLEY Contractin Enti : '+
Yiaka& _
•n C' .. ._er By:Neil Smith,CFO,Right! Systems,Inc.
•up, Its: Authorized Representative
„b-e>t Cly AAa
ier"
ATTEST: APPROVED AS TOFO RM:
(Lk4.
Christine Bainbridge,City Clerk Officehe Ci rney
Exhibit 1—Scope of Services
The Consultant shall report directly to the Deputy City Manager or his designee and be on call as needed
to assist the City in the setup, installation and testing of new Juniper switches each at City Hall, Center
Place and the Street Shop.
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�...40 RIGHSYS-01 TMALONEY
'4�� CERTIFICATE OF LIABILITY INSURANCE DATE/18/2DIYYYY)
611.812015
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 License#CA#0658748 CONTACT
600 University Street#1300 _Lac AHT Insurance No E>t1:(206)269-0122 I 1FAX No):(206)269-0179
Seattle,WA 98101 EMAIL �
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC U
- ---- --------
INSURER A:Atlantic Specialty Insurance Company —27154
INSURED ----- --------- ----------
INSURER B: —
Right!Systems Inc. INSURER C•:
2600 Willamette Dr NE — - — — -- -
Suite C INSURER D: ---- — --
Lacey,WA 98516 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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.
INSTR1 ADDLSUBR -- - ---- -i FOLICYEFF POUCY EXP ---
LTR TYPE OF INSURANCE INSD-WVD POLICY NUMBER I(MMIDD/YYYYY) (MMIDDIYYYY) LIMITS ------------
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
_— .J CLAIMS-MADE I X I OCCUR X 7110135670002 10/10/2014 10/10/2015 PREM SES(Ea occurrence) $ 500,000
AM*TO-RENTED
L- __ _ MED EXP(Any one person) $ 15,000
-__---- -------_-- PERSONAL&ADV INJURY 5 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 1 2,000,000
- l POLICY_1 J L,LOC PRODUCTS-COMP/OPAGG $ 2,000,000
I OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $ 1,000,000
- (Fa accident)-----_--
------- ------
A X I ANY AUTO X 1 7110135670002 10/10/2014 10/10/2015 BODILY INJURY(Per person) $
ALL OWNED r
AUTOS I^AUTOS SCHEDULED BODILY INJURY(Per accident) $
– HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ — --
-_- (Per accident) _-_--
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE 5
___a_�S M — CLAIMS-MADE AGGREGATE $
——1
I DED RETENTIONS . — ------ $ ----_ -- .
WORKERS COMPENSATION I X PER OTH-
ERAND EMPLOYERS'LIAewTY STATUTE '
A ANY PROPRIETOR/PARTNER/EXECUTIVE Y N 4060400360002 10/10/2014 10/10/2015 E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N N/A - ------- — -
(Mandato,y in NH) - EL DISEASE-EA EMPLOYEES 1,000,000
if yye,describe under — — -- --
OESCRIPTIONOFOPERATIONS-below E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS'I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached IF more space Is required) II
""'Washington Stop Gap Coverage provided under the Workers Compensation Policy"*`*
City of Spokane Valley is included as Additional Insured as respects to the General Liability and Auto Liability per the attached endorsements.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
11707 East Sprague Ave,Suite 106 ACCORDANCE WITH THE POLICY PROVISIONS.
Spokane,WA 99206.
AUTHORIZED REPRESENTATIVE
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
iu�VANTAGE FOR GENERAL LIABILITY
TECHNOLOGY COMPANIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL UABIUTY COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual
provisions to determine the extent of your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional Insured—Broad Form Vendors 8. Coverage Territory—Worldwide
2. Additional Insured—by Contract,Agreement or 9. Duties in Event of Occurrence,Claim or Suit
Permit relating to: 10. Expected or Intended Injury(PD)
o Work performed by you 11. Incidental Medical Malpractice
o Premises you own,rent,lease or occupy 12. Medical Payments
o Equipment you lease 13. Mobile Equipment Redefined
3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations
4. Blanket Waiver of Subrogation 15. Non-Owned Aircraft
5. Bodily Injury Redefined—Mental Anguish 16. Non-Owned Watercraft
6. Broadened Named Insured 17. Personal and Advertising Injury
7. Broadened Property Damage 18. Product Recall Expense
o Borrowed Equipment 19. Supplementary Payments increased Umits
o Customers'Goods
o Use of Elevators
1. ADDITIONAL INSURED—BROAD FORM VENDORS
Section II—Who Is An insured is amended to include as an additional insured any person(s)or organization(s)
(referred to below as vendor)with whom you agreed in a written contract or agreement to provide insurance,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,subject to the following additional exclusions:
a. This provision 1.does not apply to:
(1) "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 liability for damages
that the vendor would have in the absence of the contract or agreement;
(2) Any express warranty not authorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor
(4) 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;
(5) 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;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
(7) 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
(8) "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:
(a) The exceptions contained in Subparagraphs 4.or 6.;or
VCG 207 07 09 includes copyrighted material of Insurance Services Office,Inc. Page 1 of 7
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INSURED
(b) 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.
(9) Any vendor, person or organization if the "products-completed operations hazard"is excluded either by
the provisions of the Coverage Form or by endorsement.
b. 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.
2. ADDITIONAL INSURED—CONTRACT,AGREEMENT OR PERMIT
a. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organi-
zation(s)with whom you agreed in a written contract,written agreement or permit to provide insurance such
as is afforded under this Coverage Part,but only with respect to liability for"bodily injury", "property damage"
or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or
omissions of those acting on your behalf:
1. In the performance of"your work"for the additional insured(s)at the location designated in the contract,
agreement or permit;or
2. In the maintenance,operation or use of equipment leased to you by such person(s)or organization(s),or
3. In connection with premises you own,rent,lease or occupy.
This insurance apples on a primaryor primaryand non-contributorybasis if that is required in writingby the
pPfi q
contract,agreement or permit.
b. The insurance provided to the additional insured herein is limited.This insurance does not apply:
1. Unless
(a) the written contract,agreement or permit is currently in effect or becomes effective during the term of
this policy;and
(b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property
damage".or"personal and advertising injury";
2. To any person or organization included as an insured under the Additional Insured - Broad Form
Vendors provision of this endorsement;
3. To any person or organization included as an insured by an endorsement issued by us and made part of
this Coverage Part;
4. To any person or organization if the "bodily injury", "property damage", or "personal and advertising
injury" arises out of the rendering of or failure to render any professional architectural, engineering or
surveying services by or for you including:
(a) The preparing, approving,or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys,field orders,change orders or drawings and specifications;or
(b) Supervisory,inspection,architectural or engineering activities.
5. To any:
(a) Lessor of equipment after the equipment lease terminates or expires;or
(b) Owners or other interests from whom land has been leased;or
(c) Managers or lessors of premises if:
(1) The"occurrence"takes place after you cease to be a tenant in that premises;or
(2) The"bodily injury", "property damage", "personal and advertising injury"arises out of structural
alterations, new construction or demolition operations performed by or on behalf of the manager
or lessor.
6. To"bodily injury,or"property damage"occurring after.
(a) All work on the project(other than service,maintenance or repairs)to be performed by or on behalf of
the additional insured at the site of the covered operations has been completed;or
(b) That portion of"your work" out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor or subcontractor engaged in
performing operations for a principal as part of the same project.
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Copyright 2009,OneBeacon Insurance Group LLC
c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or
permit or in the Declarations of this policy,whichever is less,and fix the most we will pay regardless of the
number of.
1. Insureds;
2. Claims made or"suits"brought;or
3. Persons or organizations making claims or bringing"suits".
These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the
Declarations.
3. AGGREGATE LIMIT PER LOCATION
a. Under Section III—Limits of Insurance,the General Aggregate Limit applies separately to each of your
locations"owned by or rented or leased to you.
b. Under Section V—Definitions,the following definition is added:
"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.
4. BLANKET WAIVER OF SUBROGATION
Section IV — Transfer of Rights of Recovery Against Others to Us Condition is amended to add the
following:
We will waive any right of recovery we may have against any person or organization because of payments we
make for injury or damage arising out of your ongoing operations done under a written contract or agreement with
that person or organization and included in "your work" or the "products-completed operations hazard". This
waiver applies only to persons or organizations with whom you have a written contract, executed prior to the
"bodily injury"or"property damage",that requires you to waive your rights of recovery.
5. BODILY INJURY REDEFINED—MENTAL ANGUISH
Under Section V,the definition of"bodily injury"is replaced by the following:
"Bodily injury" means bodily injury, sickness, or disease sustained by a person,including mental anguish
or death resulting from any of these at any time.
6. BROADENED NAMED INSURED
Section II—Who Is An Insured is amended to include as an insured the following:
Any organization which is a legally incorporated entity in which you own a financial interest of more than 50
percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180th
day or the end of the policy period, whichever comes first, provided there is no other similar insurance
available to that organization.
The insurance afforded herein does not apply to any entity which is also an insured under another policy or
would be an insured under such policy but for its termination or the exhaustion of its limits of insurance.
7. BROADENED PROPERTY DAMAGE—BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF
ELEVATORS
The insurance for"property damage"liability is subject to the following:
a. The Damage To Property exclusion under Section I Coverage A is amended as follows:
1. The exclusion for personal property in the care, custody or control of the insured does not apply to
"property damage"to equipment you borrow while at a job site and provided it is not being used by
anyone to perform operations at the time of loss.
2. The exclusions for
(a) Property loaned to you;
(b) Personal property in the care,custody or control of the insured;and
(c) That particular part of any property that must be restored, repaired or replaced because "your
work"was incorrectly performed on it
do not apply to"property damage"to "customers'goods"while on your premises nor do they apply to
"property damage"arising from the use of elevators at premises you own,rent,lease or occupy.
Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers'
Goods"is$35,000 per"occurrence".
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b. Under Section V—Definitions,the following definition is added:
"Customers'Goods"means goods of your customer on your premises for the purpose of being:
1. Repaired;or
2. Used in your manufacturing process.
c. The insurance afforded by this provision is excess over any other valid and collectible property insurance
(iincluding any deductible) available to the insured whether such insurance is primary, excess, contingent
or on any other basis. Any payments by us will follow the Other insurance — Excess provisions in the
COMMERCIAL GENERAL LIABILITY CONDITIONS.
8. COVERAGE TERRITORY-WORLDWIDE
The definition of"coverage territory"is replaced by the following:
"Coverage territory" means anywhere provided the insured's responsibility to pay damages must be
determined in a settlement we agree to or in a "suit" on the merits brought within the United States of
America(including its territories and possessions),Puerto Rico or Canada.
9. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT
Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following
paragraphs:
a. The requirements that you must
1. notify us of an"occurrence"offense,claim or"suit"and
2. send us documents concerning a claim or"suit"
apply only when such"accident"claim,"suit'or loss"is known to:
1. You,if you are an individual;
2. A partner,if you are a partnership;
3. An executive officer of the corporation or insurance manager,if you are a corporation;or
4. A manager,if you are a limited liability company.
b. The requirement that you must notify us as soon as practicable of an"occurrence"or an offense that may
result in a claim does not apply if you report an"occurrence to your workers compensation insurer which
later develops into a liability claim for which coverage is provided by this policy. However,as soon as you
have definite knowledge that the particular "occurrence" is a liability claim rather than a workers
compensation claim,you must comply with the Duties In The Event Of Occurrence,Offense,Claim Or
Suit Condition.
10. EXPECTED OR INTENDED INJURY(PROPERTY DAMAGE)
The Expected. Or Intended Injury exclusion under Coverage A Bodily injury and Property Damage is
replaced by:
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force
to protect persons or property.
11. INCIDENTAL MALPRACTICE—EMPLOYED PHYSICIANS,NURSES, EMT'S AND PARAMEDICS
a. Under Section I1—Who Is An Insured,the paragraph that excludes an employee or volunteer worker as
insured for"bodily injury"or"personal and advertising injury"arising out of his or her providing or failing to
provide professional health care services does not apply to a physician,dentist, nurse,emergency medical
technician or paramedic employed by you if you are not engaged in the business or occupation of
providing medical, paramedical,surgical,dental,x-ray or nursing services.
b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether
such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the
Other Insurance—Excess Insurance provisions in the COMMERCIAL GENERAL'L:IABIUTY CONDITIONS.
12. MEDICAL PAYMENTS—INCREASED LIMITS AND TiME PERIOD
In the insuring Agreement under Coverage C—Medical Payments,the requirement that expenses are incurred
and reported to us within one year of the date of the accident is changed to three years.
a. The Medical Expense Limit is $15,000 per person or the amount shown in the Declarations as the Medical
Expense Limit,whichever is greater.
b. This provision 12. does not apply if Coverage C—Medical Payments is otherwise excluded either by the
provisions of the Coverage Form or by endorsement.
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13. MOBILE EQUIPMENT — SELF.PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET
CLEANING EQUIPMENT
The following is added to the"mobile equipment"definition:
Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are sell-
propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently
attached equipment will be considered"mobile equipment":
a. Snow removal;
b. Road maintenance,but not construction or resurfacing;or
c. Street cleaning.
14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
Under Section II—Who Is An Insured,the time period imitation for newly acquired or formed organizations is
replaced by:
Coverage under this provision is afforded only until the end of the current policy period.
15. NON-OWNED AIRCRAFT
The Aircraft,Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability
does not apply to an aircraft that is:
1. Hired,chartered or loaned with a paid crew;and
2. Not owned by arty insured.
a. The insurance afforded by this provision 15. is excess over any other valid and collectible insurance
(including any deductible or Self Insured Retention) available to the insured, whether such insurance is
primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance -
Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS.
16. NON-OWNED WATERCRAFT
a. Section II—Who Is An Insured is amended to include as an insured for any watercraft that is covered by
this policy,any person who,with your expressed or implied consent,either uses or is responsible for the use
of a watercraft.However,no person or organization is an insured with respect to:
1. "Bodily injury"to a co"employee"of the person operating the watercraft;or
2. "Property damage"to property owned by, rented to, in the charge of or occupied by you or the employer
of any person who is an insured under this provision.
b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And
Property Damage Liability,the imitation on the length of a watercraft is increased to 55 feet.
c. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance
(including any deductible or Self Insured Retention) available to the insured, whether such insurance is
primary, excess, contingent or on any other basis, Any payments by us will follow the Other Insurance -
Excess Insurance provisions in the COMMERCIAL GENERAL LIABIUTY CONDITIONS.
17. PERSONAL AND ADVERTISING INJURY
The following exclusions under the definition of"personal and advertising injury"are amended as follows:
a. Insureds In Media Type Businesses
"Personal and advertising injury'committed by an insuredwhose business is:
(1) Advertising,broadcasting,publishing or telecasting;or
(2) Designing or developing content of websites for others.
However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising injury"
under the Definitions Section.
For the purposes of this exclusion, the placing of frames, borders or finks, or advertising, for you is not by
itself,considered the business of advertising,broadcasting,publishing or telecasting.
b. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury"arising out of an electronic chatroom or bulletin board the insured hosts,
owns,or maintains for others.
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18. PRODUCT RECALL EXPENSE
With respect to this Provision 18., the Recall Of Products, Work Or Impaired Property exclusion under
Coverage A Bodily Injury And Property Damage Liability is deleted.
a. The following is added to Section III-Limits Of Insurance section:
1. The Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will
pay regardless of the number of
(a) Insureds;
(b) "Covered recalls"initiated;or
(c) Number of"your products"recalled.
2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all"product recall
expenses"incurred for all"covered recalls"initiated during the policy period.
3. Subject to 2.above,the Each Product Recall Limit is the most we will reimburse you for the sum of all
"product recall expenses"arising out of any one"covered recall"for the same defect or deficiency.
4. Subject to 3.above,we will pay only the amount of"product recall expenses"in excess of the deductible
amount shown in the Product Recall Schedule.
Products Recall Schedule
Limits of Insurance
Product Recall Aggregate Limit $50,000
Each Product Recall Limit $25,000
Each Product Recall Deductible $1,000
If any limits and deductible other than those above are shown in
the Declarations as the Products Recall Expense Limits, the
amounts shown in the Declarations will replace the Limits of
Insurance and deductible provided for this coverage.
The Limits of Insurance for this coverage 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 period of less than 12
months. In that case, the additional period will be deemed part of the last preceding period for the
purposes of determining the Limits of Insurance.
b. The following is added to the Duties In The Event Of Occurrence, Offense,Claim Or Suit provision
under Section IV—Conditions:
You must see to it that the following are done in the event of an actual or anticipated"covered recall"that
may result in"product recall expense":
1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or
recalled. Include a description of"your product"and the reason for the withdrawal or recall;
2. Cease any further release, shipment, consignment or any other method of distribution of like or
similar products until it has been determined that all such products are free from defects that could be
a cause of loss under this insurance;
3. As often as may be reasonably required, permit us to inspect"your product"that demonstrates the need
for the"covered .recall" and permit us to examine your books and records. Also permit us to take
damaged and undamaged samples of "your products" for inspection, testing and analysis; and
permit us to make copies from your books and records;
4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim.
You must do this within 60 days after our request.We will supply you with the necessary forms;and
5. Permit us to examine any insured under oath,while not in the presence of any other insured and at
such times as may reasonably be required, about any matter relating to this insurance or your claim,
including an insured's books and records. in the event of an examination, an insured's answers must
be signed.
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c. The following definitions are added to the Definitions Section:
1. "Covered recall" means a recall made necessary because the insured or a government body has
determined that a known or suspected defect,deficiency, inadequacy or dangerous condition in"your
.product"has resulted in or wilt result in"bodily injury"or"property damage".
2. "Product Recall Expense"means:
(a) The following necessary and reasonable expenses you incur exclusively for the purpose of
recalling"your product":
(1) For communications, including radio or television announcements or printed advertisements
including stationery,envelopes and postage;
(2) For shipping the recalled products from any purchaser, distributor or user to the place or
places designated by you;
(3) For remuneration paid to your regular"employees"for necessary overtime;
(4) For hiring additional persons,other than your regular"employees";
(5) Incurred by"employees",including transportation and accommodations;
(6) To rent additional warehouse or storage space;or
(7) For disposal of "your products", but only to the extent that specific methods of destruction
other than those employed for trash discarding or disposal are required to avoid "bodily
injury"or"property damage"as a result of such disposal,but
"product recall expenses" does not include costs of regaining your market share, goodwill, revenue or
profit.
(b) "Product Recall Expense"does not include any expenses resulting from:
(1) Failure of any product to accomplish its intended purpose;
(2) Breach of warranties of fitness,quality,durability or performance;
(3) Loss of customer approval,or any cost incurred to regain customer approval;
(4) Redistribution or replacement of "your product" which has been recalled by like products or
substitutes;
(5) Caprice or whim of the insured;
(6) A condition likely to cause loss of which any insured knew or had reason to know at the inception
of this insurance;and
(7) Recall of"your products"that have no known or suspected defect solely because a known or
suspected defect in another of"your products"has been found
19. SUPPLEMENTARY PAYMENTS—INCREASED LIMITS
Under Section I Coverages,Supplementary Payments are
A and B, paragraphs 1.b.and 1.d.
replaced by the following:
b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of
the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or"suit",including actual loss of earnings up to$500 a day because of time off from
work.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ABSOLUTE EXCLUSION - ASBESTOS LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
This insurance does not apply to:
1. "Bodily injury","property damage"or"personal and advertising injury"arising out of or alleged to have risen out
of:
a. exposure to asbestos,asbestos fiber,or any material containing asbestos or asbestos products;or
b. the removal of asbestos,asbestos fiber,or any material containing asbestos or asbestos products, including,
without limitation, -
(1) the costs of asbestos removal;or
(2) "property damage"in the course of effecting such removal.
We shall not be obligated to investigate, or defend the insured against any claim for any liability described above
which is asserted against any insured or to pay any judgment entered against any insured for such liability.
•
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INSURED
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
@VANTAGE FOR AUTOMOBILE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi-
sions to determine the extent of your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional Insured By Contract 12. Employee Hired Autos
2. Airbag Discharge 13. Fellow Employee Exclusion
3. Auto Theft Reward 14. Glass Repair—Waiver of Deductible
4. Blanket Waiver of Subrogation 15. Hired Auto Physical Damage Coverage
5. Bodily Injury Redefined—Mental Anguish 16. Lease Gap Coverage
6. Broad Form Named Insured 17. Liability Coverage—Supplementary Payments
7. Communications Equipment 18. Newly Formed or Acquired Organizations
8. Diminution in Value 19. Physical Damage—Transportation Expenses
9. Drive Other Car—Executive Officers 20. Rental Reimbursement—Private Passenger
10. Duties In The Event of Accident,Claim,Suit or Loss Vehicles
11. Employees As Insureds 21. Towing—Any Covered Auto
1. ADDITIONAL INSURED BY CONTRACT
The Who Is An Insured provision under SECTION II— LIABILITY COVERAGE is amended to include as an
additional Insured"any person or organization with whom you agreed in a written contract,written agreement
or permit,to provide insurance such as is afforded under this Coverage Form. Such person or organization is
an"insured"only with respect to liability for"bodily injury"or"property damage" caused,in whole or in part by
your maintenance,operation or use of your covered"autos".
With respect to the insurance afforded to these additional"insureds",this insurance does not apply:
a. Unless the written contract or agreement has been executed or the permit has been issued prior to the
"bodily injury"or"property damage";
b. To any person or organization included as an"insured"by endorsement or in the Declarations;or
c. To any lessor of"autos"when their contract or agreement with you for such leased"auto"ends.
2. AIRBAG DISCHARGE
If you purchased physical damage coverage for a covered "auto" under this policy,we will pay to reset or re-
place an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible
applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a
manufacturer's warranty and you did not intentionally cause the airbag to discharge.
3. AUTO THEFT REWARD
We will pay up to a$2,000 reward in the event of a covered loss,for information leading to the arrest and con-
viction of anyone stealing a covered"auto".A reward will not be paid to you,a family member,employee or any
public official while performing their duty.
4. BLANKET WAIVER OF SUBROGATION
The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS
AUTO CONDITIONS,paragraph A.LOSS CONDITIONS is replaced by the following:
We will waive any right of recovery we may have against any person or organization because of payments we
make for injury or damage arising out of the operation of a covered"auto"when you have assumed liability for
such "bodily injury" or"property damage" under an insured contract", provided the contract is in writing and
executed prior to the"bodily injury"or"property damage".
5. BODILY INJURY REDEFINED—MENTAL ANGUISH
The definition of"bodily injury"under SECTION V—DEFINITIONS is replaced by the following:
"Bodily injury"means bodily injury,sickness,or disease sustained by a person,including mental anguish or
deathresulting from any of these at any time.
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INSURED
6. BROAD FORM NAMED INSURED
a. The Who Is An Insured provision under SECTION II—LIABILITY COVERAGE is amended to include the
following:
Any organization which is a legally incorporated entity in which you own a financial interest of more than
50%of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180th
day or the end of the policy period whichever comes first,provided there is no other similar insurance avail-
able to that organization.
b. Paragraph a. of this provision 6. does not apply to "bodily injury" or "property damage" for which an
"insured"is also an"insured"under any other automobile policy or would be an"insured" under such a pol-
icy,but for its termination or the exhaustion of its Limit of Insurance.
7. COMMUNICATIONS EQUIPMENT
a. The exclusion for electronic equipment under Exclusions of SECTION III—PHYSICAL DAMAGE COVER-
AGE does not apply to loss of any permanently installed, non-removable communications equipment de-
signed for use as a:
1. Citizen's band radio;
2. Two-way mobile radio or telephone:
3. Scanning monitor receiver;or
4. GPS Navigation System,
including its antenna and other accessories.
b. No Deductible applies to this additional coverage.
c. The most we will pay for this coverage is$5,000 per occurrence.
8. DIMINUTION IN VALUE
The "diminution in value" exclusion under SECTION III— PHYSICAL DAMAGE COVERAGE, B. Exclusions
does not apply if the covered"auto"is a private passenger"auto"and is leased,rented, hired or borrowed with-
out a driver for a period of 30 days or less and is used in the conduct of the insured's business.The most we will
pay for loss"arising out of an"accident"is the lesser of$7,500 or 20%of the actual cash value of the"auto"as
determined by Kelley Blue Book or other independent valuation sources.
9. DRIVE OTHER CAR—EXECUTIVE OFFICERS
a. The Who Is An Insured provision under SECTION II—LIABILITY COVERAGE is amended to include:
If you are designated in the Declarations as:
1. An individual;you and your spouse.
2. A partnership;your partners and their spouses.
3. An organization other than an individual or a partnership;your"executive officers"and their spouses. .
b. SECTION II—LIABILITY COVERAGE and SECTION III—PHYSICAL DAMAGE COVERAGE are extended
to include"autos"you don't own,hire,lease or borrow while in the care, custody or control of an Insured"
listed in 9.a.This does not include any"auto":
1. Owned by any Insured"listed in 9.a.,or any member of their household,including any such"auto"that
is owned but not insured;
2. Used by an"insured"listed in 9.a.while working in the business of selling,servicing,repairing or parking
autos;or
3. Insured under another policy of insurance.
If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory
coverages required by the governing jurisdiction are covered on this policy, then insureds listed in 9.a.
above and family members residing in the same households are"insureds"while:
1. Occupying as a passenger;or
2. A pedestrian when struck by,
any"auto"you do not own, hire, lease or borrow, except any"auto" owned by that"insured" fisted to 9.a,
their family members or an"auto"insured under any other policy.
c. The limits and deductibles applicable to this provision will be the largest applicable to any owned"auto"for
the specific insurance.
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d. The following definition is added to the DEFINITIONS section of the policy:
"Executive officer"means a person holding any of the officer positions created by your charter,constitu-
tion,by-laws or any similar governing document.
e. The Other Insurance Condition, under Section IV—BUSINESS AUTO CONDITIONS,does not apply to
the provisions of this Drive Other Car endorsement. There is no "other insurance" applicable to this en-
dorsement.
10. DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS
Under SECTION IV—BUSINESS AUTO CONDITIONS—the Duties In The Event Of Accident,Claim,Suit Or
Loss Condition is amended as follows:
The requirements that you must:
a. Notify us of an"accident",claim,"suit"or"loss";and
b. Send us documents concerning a claim or"suit",
apply only when such"accident",claim,"suit"or"loss"is known to:
a. You,if you are art individual;
b. A partner,if you are a partnership;
c. An executive officer of the corporation or insurance manager,if you are a corporation;or
d. A manager,if you are a limited liability company.
11. EMPLOYEES AS INSUREDS
The Who Is An Insured provision under SECTION II—LIABILITY COVERAGE is changed by adding the fol-
lowing:
Any"employee"of yours while using a covered"auto"you don't own,hire or borrow in your business or your
personal affairs.This coverage is excess over any other collectible insurance.
12. EMPLOYEE HIRED AUTOS
The following is added to the Who Is An Insured Provision:
An"employee"of yours is an"insured"while operating an"auto"hired or rented under a contact or agreement
in that"employee's" name, with your permission, while performing duties related to the conduct of your busi-
ness.
For purposes of this coverage grant, paragraph 5.b. of the Other Insurance Condition in the Business Auto
Coverage Form is replaced by the following:
b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own:
1. Any covered"auto"you lease,hire,rent or borrow;and
2. Any covered"auto"hired or rented by your"employee"under a contract in that individual "employee's"
name,with your permission,while performing duties related to the conduct of your business.
However,any"auto"that is leased,hired,rented or borrowed with a driver is not a covered"auto".
This coverage is excess over any other collectible insurance.
13. FELLOW EMPLOYEE EXCLUSION
The Fellow Employee exclusion under SECTION II—LIABILITY COVERAGE does not apply if the "bodily in-
jury" results from the use of a covered "auto"you own or hire.This coverage is excess over any other insur-
ance.
14. GLASS REPAIR—WAIVER OF DEDUCTIBLE
Under paragraph D.—Deductible—of SECTION III—PHYSICAL DAMAGE COVERAGE,the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
15. HIRED AUTO—PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" under SECTION II — LIABILITY COVERAGE and if Comprehensive,
Specified Causes of Loss,or Collision coverages are provided under this policy for any"auto"you own,then
SECTION tll—PHYSICAL DAMAGE COVERAGE is extended to"autos"you hire,subject to the following limit:
The most we will pay for"loss"to any hired"auto"is the lesser of:
a. $75,000 for"autos"of the private passenger type and$50,000 for all other"autos";
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b. The actual cash value;or
c. The cost of repairing or replacing it with other property of like kind or quality.
The deductible will be equal to the largest deductible applicable to any owned"auto"for that coverage.No de-
ductible applies to"loss"caused by fire or lightning.
Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest
coverage applicable to any covered"auto"you own.
We will also cover loss of use of the hired"auto"if the following conditions are met
a. It results from an accident;
b. You are legally liable;and
c. The lessor incurs an actual financial loss.
The most we will pay for this loss of use coverage is$1,000 per"accident".
16. LEASE GAP COVERAGE
Under paragraph C.Limit of Insurance—of SECTION III—PHYSICAL DAMAGE COVERAGE,the following is
added:
If a covered"auto"is leased,we will also pay the difference between the actual cash value of a covered "auto"
at the time of loss"and the remaining balance on your lease if the following conditions are met:
a. The"auto"has a long term lease and is covered on this policy.
b. The lessor is added as an Additional Insured in a written lease agreement.
c. You are legally obligated for the remaining balance.
We will not pay for any amounts representing excess wear and tear charges;additional mileage charges;taxes;
overdue payments;penalties,interest or charges resulting from overdue payments;or lease termination fees.
17. LIABILITY COVERAGE EXTENSIONS—SUPPLEMENTARY PAYMENTS
Under SECTION II—LIABILITY COVERAGE,the Coverage Extension for Supplementary Payments is revised
as follows:
a. The limit for the cost of bail bonds is amended to$3,500.
b. The limit for reasonable expenses incurred by the insured"is amended to$500 a day.
18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
a. The Who Is An Insured provision under SECTION II—LIABILITY COVERAGE is amended to include as
an insured"any organization that is formed or acquired by you and over which you maintain majority own-
ership.
b. Paragraph a.of this provision 18.does not apply to any organization:
1. That is a joint venture or partnership;
2. That is an insured"under any other policy;
3. That has exhausted its Limit of Insurance under any other policy;or
4. 180 days or more after its acquisition or formation by you,unless you have given us notice of the acqui-
sition or formation.
c. Paragraph a.of this provision 18.does not apply to"bodily injury"or"property damage"that results from an
"accident"that occurred before you formed or acquired the organization.
19. PHYSICAL DAMAGE—TRANSPORTATION EXPENSES COVERAGE
Under SECTION III— PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is
amended to$75 per day and the maximum is amended to$2,250.
20. RENTAL REIMBURSEMENT
We will pay for rental reimbursement expenses incurred by you for the rental of an"auto"of the private passen-
ger type because of"loss"to a"covered auto"of the private passenger type. Payment applies in addition to the
otherwise applicable amount of each coverage you have on a"covered auto".No deductibles apply to this coverage.
We will pay those expenses incurred during the policy period beginning 24 hours after the "loss" and ending,
regardless of the policy's expiration,six(6)days after the"loss".
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Payment is limited to the lesser of the following amounts:
1. Necessary and actual expenses incurred.
2. The maximum daily payment of$25 for any one day.
This coverage does not apply while there are spare or reserve"autos"available to you.
If"loss" results from the total theft of the private passenger"auto", we will pay under this coverage only that
amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAM-
AGE COVERAGE Extension.
21. TOWING—COVERED AUTOS
Under SECTION III—PHYSICAL DAMAGE COVERAGE,Coverage for Towing is amended as follows:
a. This coverage applies to any covered "auto"for Which a premium charge for towing and labor is shown in
the Schedule or in the Declarations.
b. The limit is$100.
VCA 201 01 09 Includes copyrighted material of Insurance Services Office,Inc. Page 5 of 5
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