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16-109.00 AM Landshaper: Bates/Rego Stormwater Improvements Contract 22 1/-1.•-cf. Isle THIS AGREEMENT, made and entered into this 5t-6 day of ,Til 1 y , 2016, between the City of Spokane Valley under and by virtue of Title 35 RCW,as amended and AM Landshaper, Inc. Hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: Bates/Rego Stormwater Improvements 2016 Small Works—Package 1 SVPW Contract#16-109 in accordance with and as described in the project plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Spokane Valley. II. The City of Spokane Valley hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is furtherrovided that no liabilityshall attach to the City of Spokane Valley by p reason of entering onto this contract, except as provided herein. V. The project was awarded for the bid amount of$75,031.97. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the City of Spokane Valley has caused this instrument to be executed by and in the name of the said City of Spokane Valley the day and year first above written. Executed by Contractor July 5 , 2016. Date Mark C. Albin Printed Name President Title 1 L . l�1, Signature City of Spokane Valley fork cct. Printed Name Atli C4 ej- Title c.,L/aim______, Signature Revised 6.19.13 • il so BOND NO: 2209717 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to _AM Landshaper,Inc._(Contractor),as Principal,a contract for the construction of the project designated as,Bates/Rego Stormwater improvements 2016 Small Works—Package 1,Project No.16-109 in Spokane Valley,Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and North American Speciality Insurance Company (Surety), a corporation organized under the laws New Hampshire and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$ 75,031.97 total Contract amount (including Washington State sales tax), subject to the provisions herein. This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work;and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. A.M. Landshaper, Inc. North American Specialty Insurance Company PRINCIPAL(CO RACTOR) -/� S C' � " VJ Principal Signature Date Surety Sigh ",J Date Mark C. Albin . Peggy A. Firth Printed Name = Printed Name President Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Wells Fargo Insurance Services USA, Inc._ -- , 999 Third Avenue, Suite 4100, Seattle, WA 98104 206-731-1200 Updated 1.14.2013 Witmie BOND NO: ._ 2209717 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to _AM Landshaper,Inc._(Contractor),as Principal, a contract for the construction of the project designated as Bates Rego Stormwater Improvements 2016.Small' Works—Package 1,Project No. 16-109 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and North American Specialty Insurance Company (Surety), a corporation, organized under the laws of New Hampshire and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee,in the sum of$75.031.97 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions,and changes to said Contract that may hereafter be made,at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. A.M. Landshaper, Inc. North American Specialty Insurance Company PRINCIPAL(CONTRACTOR) S t' TY C rks.1 b- -� VI* J\ C' \ 7/6/2016 Principal Signature Date Surety Sig - Date Mark C. Albin Peggy A. Firth Printed Name Printed Name President Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Wells Farqo Insurance.Services USA, Inc._ 999 Third Avenue, Suite 4100, Seattle, WA 98104 206-731-1200 Updated 1.14.2013 • , I •, ,, NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON IN IERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: GEORGE C.SCHROEDER,ALISON FREISZ-STEWARD,DEBBIE LINDSTROM, PEGGY A.FIRTH,and JOHN DRUMMEY,JR. JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." *\��pI%wryp1111111N ii _ a-C2-- *a�yttuiuuaanoy45: Pa2,6 TF..� ByahF.Qt° PIgj.sG$ _-g? SEAL Ifii Steven P.Anderson,Senior Vice President of Washington International Insurance Company �'. SEAL F ry a'2 1973 m= &Senior Vice President of North American Specialty Insurance Company O? e =ut?m 0rq P 4 P Y g f... m 44406:!;M.- By til N j Michael A.Ito,Senior Vice President of ashmgton International Insurance Company osUas* &Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 22nd day of March 2016 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 22ndday of March ,2016 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A.Ito, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY '•....—X"< . V . k A,..‘ ' NOTARY PUBIJC,STATE OF IWNOIS M.Kenny,Notary Public 1� MY COMMISSION EXPIRES 12/04/2017 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company.and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this (0 day of 'JlIA • ,20_ .6. Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company ..„.,.......N AMLANDS-01 MWHITNEY ACOROQDATE(MM/DD/YYYY) COSY Public WorkCERTIFICATE OF LIABILITY INSURANCE 7/5/2016 THIS CERTIFIGA#TE 4S SS,UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE-DOES`iJOT`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 REPRESENTATI"EOR.PRQDTJCER,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). CONTACT Matins Whitney Spokane Office PHONE 509 838-3501FAX ,No):(509)838-3511 PayneWest Insurance,Inc. (NC.No,Ext):( ) 501 N.Riverpoint Blvd.,Ste 403 ADDRESS: Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:The Cincinnati Insurance Co. 10677 INSURED INSURER B: A.M.Landshaper,Inc. INSURER C: Mark Albin INSURER D: 8004 North Market Spokane,WA 99217 INSURERE: 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. INSR TYPE OF INSURANCE ADDL SUER POWPOUCY EFF POUCY EXP LIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X EPP0128051 02/24/2016 02/24/2017 DAMAGE TO RENTED 500,000 CLAIMS-MADE OCCUR X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY(�PRO- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 I I JEcr WA STOP GAP $ 1,000,000 OTHER: AUTOMOBILE LIABILITY (Ea aBINED SINGLE LIMIT $ 1,000,000 A ANY AUTOEBA0128051 02/24/2016 02/24/2017 BODILY WUURY(Per person) $ ALL OWNED SCHEDULED s ) _ yBODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE EPP0128051 02/24/2016 02/24/2017 AGGREGATE $ 1,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION PEPEROTTUTE ETH AND EMPLOYERS'UABIUTY YI N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L DISEASE-EA EMPLOYEE$ If yes,describe under E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Equipment Floater EPP0128051 02/24/2016 02/24/2017 Leased and Rented 225,000 A EPP0128051 02/24/2016 02/24/2017 Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Bates/Rego Stormwater Improvements Project Certificate Holder is named as Blanket Additional Insured per endorsment#GA233 02/07 including primary and non-contributory and waiver of subrogation, attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley Attn:Mike Stone ACCORDANCE WITH THE POLICY PROVISIONS. 11707 East Sprague Ave. Suite 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE irtth,,.4,-Laik,÷, I ©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. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 7 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. Voluntary Property Damage(Coverage a.)and Care,Custody or Control Liability Coverage (Coverage b.) 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured-Specified Relationships: 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; * State or Political Subdivisions-Permits Relating to Premises; * State or Political Subdivisions-Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property 14 11. Property Damage to Borrowed Equipment 14 12. Employees as Insureds-Specified Health Care Services: 14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of insur- 1. Employee Benefit Liability Coverage ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er- (b) This insurance applies to ror or omission of the in- damages only if the act, er- sured, or of any other per- ror or omission, is negli- son for whose acts the in- gently committed in the sured is legally liable, to "administration" of your which this insurance ap- "employee benefit pro- plies. We will have the right gram";and and duty to defend the in- sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our a) You did not have discretion, investigate any of a report of an act, error or knowledgeklaim "suit" on omission and settle any claim or "suit" that may re- orbefore date of this sult. But: fectendorsement. 1) The amount we will pay You will be deemedouto have for damages is limited as described in SEC- knowledge hoa TION III - LIMITS OF claim or "suit" INSURANCE;and when_: any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance ion: Pae 2 of 15 GA 233 02 07 Services Office, Inc.,with its permission: 9 ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as as a result of(1), (2) or trustees. (3)above. (2) Each of the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must (b) Any persons, organizations pay damages because of or "employees" having the injury. or temporary authori- (3) Supplementary Payments zation to administer your "employee benefit program" SECTION I - COVERAGES, if you die, but only until your SUPPLEMENTARY PAY- legal representative is ap- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. (c) Your legal representative if b. Who is an Insured you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the (3) Any organization you newly Declarations as: ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint ven- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- c. Limits of Insurance sureds, but only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 i) Reports all, or formance of investment any part, of the vehicles;or act, error or 3) Advice given to any oomission to us person with respect to insurer;any other that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because, of a the act, er- (f) Workers' Compensation ror r or omis- and Similar Laws sion;and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of liability imposed on a fiduci- "Bodily injury", "property ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or other collectible insurance. tract Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to Employment-Related meet any obligations under (j) Practices any plan included in the "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, evaluation, reassign- 1) Failure of any invest- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 3 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages making claims or bringing sustained by any one "em- ployee", including such "suits"; "employee's" dependents or omissions; and beneficiaries, because (d) Acts,errorsor of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all against any "suits" damages because of acts, er- seeking those dam- rors or omissions negligently committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon notification of the action (a) An act, error or omission;or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, ne li entl committed in the As respects Employee Benefit Li- negligently i- g g Y ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit Our obligation to paydam- a. You must see to it that we are noti- (a) 9 fled as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to :was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The 'names and addresses of reduced by the amount of anyone who may suffer dam- this deductible, ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured,you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this method also. Under (2) Notify us as soon as practicable. this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit" as amounts until it has mit soon as practicable. of insaid urance nts applicable conone of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its Cooperate with us in the investi- applicable limit of in- (3) P surance to the total ap- gation or settlement of the claim plicable limits of insur- or defense against the "suit'; ance of all insurers. and c. No Coverage (4) Assist us, upon our request, in g the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- this Cove rage to the vragee date of .. Part. , sured's own cost, voluntarily make a , payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams";or • other insurance by the d. Effecting, continuing or method described in b. terminating any below. "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' corn- in the "employee bene- pensation and disability fit program". benefits;and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll sence programs, in- ductions;or cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' corn- placed by the following: pensation and disability benefits. 21. "Suit" means a civil lans" means pro- ceeding in which money 2. "Cafeteria P damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit"includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those"employees"who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in- b. Profit sharing plans, dude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no gone tations is hereby amended by the addi- other than an em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- ance, such failure. social security Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex- a. The last Subparagraph of Paragraph pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or secretions, by in- Exclusions c.through q.do not apply sects, birds, ro- to damage by fire, explosion, light- dents or other Hing, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- mg. TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are 2) Water that backs up or both rented to and occupied by you. overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in under the Paragraph 3.b.above: 3) Water ground surface press- The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND a) Foundations, PROPERTY DAMAGE LIABIL- walls, floors or ITY, 2. Exclusions, other than i. paved surfaces; War and the Nuclear Energy Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not;or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- ing, unless: a) Wear and tear; 1) You did your best to b) Rust, corrosion, maintain heat in the fungus, decay, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal 2) The interior of any force; building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 caused by or resulting 5. Medical Payments from rain, snow, sleet or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- ments of this endorsement. The Damage to Premises Rented to You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for"property damage" to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- • COVERAGE A. BODILY sured;or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY INJURY AND plies. PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is lira- Exclusions,j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced bythe fol- its designated in Section B.Limits of g p P g lowing: Insurance, 6. Voluntary Property Upto the limit shown in Section B. Damage and Care, Custody or Control Liability Coverage of this Limits of Insurance, 4.a. Bail Bonds endorsement with respect to cover- of this endorsement for cost of bail age provided by this endorsement. bonds required because of accidents These limits are inclusive of and not or traffic law violations arising out of in addition to the limits being re- the use of any vehicle to which the placed. The Limits of Insurance Bodily Injury Liability Coverage ap- shown in Section B. Limits of Insur- plies. We do not have to furnish ance, 6. Voluntary Property Dam- these bonds. age and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of (1) Insureds; the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing"suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages Pied Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below(hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement;or (2) Condition 2.Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or insurance showing that per- "suit"irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod;and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense Subparagraph a. of Paragraph 4. is to which this insurance I would apply;and hereby deleted and replaced by the fol- lowing: (b) They are not specifically is af- named as an additional in- a. Insurance under this provisionsured under any other pro- forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; 8. Waiver of Subrogation (2) Only the following persons or 9 organizations are additional in- SECTION IV- COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of RecoveryAgainst Others to vided to such additional in- Us 9 g sureds is limited as provided Us is hereby amended by the addition of the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or"your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completeding out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence"giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request,the insured will bring "suit" or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after I Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change in the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- pose of inspection, (b) Any person or organization demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s)or manufacturer, and organization(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as thhae currence"which takes place after the equipment lease agreed to make or expires. normally under- takes to make in (c) Any person or organization the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of"your products"which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises in connection with 1) The insurance afforded the sale of the the vendor does not product; apply to: g) Products which, a) "Bodily injury" or after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- a) From whom you tract or agree- have acquired menta such .products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products;or jury", "property dam- age" or "personal and b) When liability in- advertising injury" aris- cluded within the ing out of operations "products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to Ii- ability arising out of "your (d) Any state or political subdi- work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of time required by the written with respect to the following hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premisesyou own, age Part. If there is no rent or cotrol and o which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, (3) Any insurance provided to an manholes, marquees, additional insured designated hoist away openings, sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury"or"property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators;or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), (e)and (f)does not apply to tenance, or use of any elevators covered by "bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured;or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur- issued a permit. nished by or on behalf Includes copyrighted material of Insurance 1 GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 of the additional in- spects any other insurance sured;or policy issued to the addi- tional2 The renderingof, insured, and such or other insurance policy shall failure to render, any be excess and /or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5.Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an additional insured by 3) "Your work"for which a attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional • written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f)above only: Part,whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insuranceface additional insured 1 shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or Include coverage for (a) Where required by a written c. "your work"; contract or agreement, this insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 13 of 15 tional insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs (a) Insureds; 9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought;or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to "suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies ment is attached. If, how- only to the amount of dam- ever, the written contract or ages for each "occurrence" agreement specifies the In- which are in excess of the surance Services Office Deductible amount stated in additional insured form Section B. Limits of Insur- number CG 20 10 but does ance, 11. of this endorse- not specify which edition, or ment. The limits of insur- specifies an edition that ance will not be reduced by does not exist, Paragraphs the application of such De- 9.a.(3)(a) and 9.a.(3)(b) of ductible amount. this endorsement shall not apply and Paragraph 9.b.of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability-Work plies to each claim or"suit" irrespective of the amount. Within 50'of Railroad Property . It is hereby agreed that Paragraph f.(1) of (c) We may pay any part or all of the deductible amount to Definition 12. "Insured contract" (SEC- TION V-DEFINITIONS is deleted. effect settlement of any claim or "suit" and, upon 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed. that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees" who provide professional health are not being used to perform opera- care services on your behalf as duly li- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians;or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this Paragraph a. of Condition 2. Duties in endorsement. These limits are the Event of Occurrence, Offense, inclusive of and not in addition to Claim or Suit (SECTION IV- COMMER- the limits being replaced. The CIAL GENERAL LIABILITY CONDI- Limits of Insurance shown in Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- a. You must see to it that we are noti- nesses; and fied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent the"occurrence"or offense. possible, notice should include: This requirement applies only when (1) How, when and where the "oc- the"occurrence" or offense is known currence"or offense took place; to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 15 of 15 I COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict SUPPLEMENTARY PAYMENTS - COI/- this OVthis insurance. Read the entire Coverage Part ERAGES A AND B. carefully to determine rights, duties and what is b. This insurance applies to "bodily injury" and is not covered. and"property damage"only if: Throughout this Coverage Part the words !'you" (1) The "bodily injury - "or"property dam and "your' refer to the Named Insured shown in dam- " caused by an occurrence the Declarations,andageany other person or organi- that takes place in the "coverage ter- zation qualifying as a Named Insured under this Coverage.Part. The words "we", "us" and "our" ritory refer to the Company providing this insurance. (2) The "bodily injury"or"property dam- The word "insured" means any person or organi- age"occurs during the policy period; zation qualifying as such under SECTION II-WHO and IS AN INSURED. (3) Prior to the "coverage term" in which Other words and phrases that appear in quotation "bodily injury" or "property damage" marks have special meaning. Refer to SECTION occurs, you did not know, per Para- V-DEFINITIONS. graph 1.d. below, that the "bodily in- jury" or "property damage" had cc- SECTION I-COVERAGES curred or had begun to occur, in whole or in part. COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY a. "Bodily injury" or "property damage" which: 1. Insuring Agreement (1) Occurs during the "coverage term"; . a. We will pay those sums that the insured and becomes legally obligated to pay as damages because of "bodily injury" or (2) Was not, prior to the "coverage "property damage" to which this incur- term", known by you, per Paragraph ance applies. We will have the right and 1.d.below,to have occurred; duty to defend the insured against any"suit" includes any continuation, change or re- weseeking those damages. However, will have no duty to defend the in- sumption of that "bodily injury" or "prop- cured against any "suit" seeking dam- • erty damage" after the end of the "cover- ages for "bodily injury" or "property darn- age term" in which it first became known age" to which this insurance does not by you. . apply. We may,at our discretion, invest- d. You will be deemed to know that "bodily gate any "occurrence" and settle any injury" or "property damage" has oc- claim or"suit"'that may result. But: curred at the earliest time when any (1) The amount.we will pay for damages "authorized representative": is limited as described in SECTION . (1) Reports all,or any part,of the "bodily III-LIMITS OF INSURANCE; and injury"or"property damage" to us or (2) Our right and duty to defend ends any other insurer; when we have used up the applica- (2) Receives a written or verbal demand ble limit of insurance in the payment or claim for damages because of the of judgments or settlements under ''bodily injury"or"property damage"; SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND (3) First observes, or reasonably should PROPERTY DAMAGE LIABILITY; have first observed, the "bodily in- SECTION I - COVERAGES, COY- jury"or"property damage"; ERAGE B. PERSONAL AND AD- (4) Becomes aware, or reasonably • VERTISING INJURY LIABILITY; or medical expenses under SECTION I should have become aware, by any other than as described in (3) - COVERAGES, COVERAGE C. above, that "bodily injury" or "prop- ertyMEDICAL PAYMENTS. damage" had occurred or had No other obligation or liability to pay sums begun to occur; or • or perform acts or services is covered (5) Becomes aware, or reasonably unless expressly provided for undershould have become aware, of a Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 1 of 22 condition from which "bodily injury" (3) Any statute, ordinance or regulation or"property damage" is substantially relating to the sale, gift, distribution certain to occur. or use of alcoholic beverages. e. Damages because of "bodily injury" in- This exclusion applies only if you are in dude damages claimed by any person or the business of manufacturing, distribut- organization for care, foss of services or ing,selling,serving or furnishing alcoholic death resulting at any time from the"bad- beverages. ily injury": d. Workers' Compensation and Similar 2. Exclusions Laws This insurance does not apply to: Any obligation of the insured under a a. expected or Intended injury workers'compensation,disability benefits or unemployment, compensation law or "Bodily injury" or "property damage" any similar law. which may reasonably be expected to re- e. Employer's Liability suit from the intentional or criminal acts of the insured or which is in fact expected or "Bodily injury"to: intended by the insured,even if the injury (1) An "erppfoyee" of the insured or damage is of a different degree or type sus- than actually expected or intended. This twined in the "workplace' exclusion does not apply to"bodily injury" (2) An "employee"of the insured arising resulting from the use of reasonable force out of the performance of duties re- to protect persons or property. kited to the conduct of the insured's b. Contractual Liability business;or "Bodily injury" or "property damage" for (3) The spouse, child, parent, brother or which the insured is obligated to pay sister of that"employee" as a conse damages by reason of the assumption of quence of Paragraphs (1) or (2) liability fin a contract or agreement. This above. exclusion does not apply to liability for This exclusion applies: damages: (1) That the insured would have in the • (1) Whether the insured may be liable as an employer or in any other ca- absence of the contract or agree- pacity;and menta or (2) Assumed in a contract or ti2emei�t (2) To any obligation to share damages g with or repay someone else who that is an "insured contract", pro- must pay damages because of the vided the "bodily Injury" or "property injury. damage" occurs subsequent to the execution of the contract or agree- This exclusion does not apply to liability merit. When a claim for such "bodily assumed by the insured under an "in- Injury" or. "property damage" Is sured contract". made,we will defend that claim pro- f. Pollutant the insured has assumed the obligation to defend such claim in the (1). "Bodily injury" or "property damage" "insured contract". Such defense arising out of the actual, alleged or payments will not reduce the limits of Threatened discharge, dispersal, insurance. seepage,migration,release, escape c. Liquor Liability or emission of"pollutants": "Bodily injury" or "property damage" for (a) At or from arty premises, site or which any insured may be held liable by location which is or was at any reason of: time owned or occupied by, or rented or loaned to,any insured. (1) Causing or contributing to the intoxi- However, Paragraph (a) does • cation of any person; not apply to: (2) The furnishing of alcoholic Bever- 1) ."Bodily injury"to any person ages to a person under the legal injured while on any prem- drinking age or under the influence ises, site or location owned of alcohol;or or occupied by,or rented or loaned to,you provided: Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with Its permission. Page 2 of 22 • a) The injury is caused by airborne irritants or con- the inadequate ventila- taminants used in a menu- tion of vapors; facturing process or which is the product or by-product b) The person injured is of any manufacturing proc- first exposed to such ass ` vapors during the pol- icy period;and 2) 'Bodily injury" or "property damage"for which you may c) Within 30 days of such be held liable, if you are a first exposure, the per- contractor, and the owner son injured is clinically or lessee of such premises, diagnosed or treated site or location has been by a physician for the added to this Coverage Part medical condition as an additional insured • caused by the expo- with respect to your ongo- sure to such vapors. Ing operations or "your However, Paragraph c) .work" performed for that does not apply if the additional insured at that "bodily injury"is caused premises, site or location by vapors produced by• such premises, site or or originating from •location is not and never equipment • that is used was owned or occupied by, to heat, cool or dehu- or rented or loaned to, any midify the building, or insured, other than that ad- equipment that is used ditional insured;or to heat water for per- • • sonal use, by the 3) "Bodily injury" or "property building's occupants or damage"arising out of heat, their guests. smoke or fumes from a "hostile fire"; This excetion 1) shall a -ply only to Named Insureds; (b) At or from any premises, site or I which is or was at any shall have.no duty to • location whi f defend or paydamages for time used by or for any insured ;�: any person or organization or others for the handling, stor- that is not a Named In- age, disposal, processing or sured. However, this para- treatment of waste; graph does not apply if the "bodily injury" is caused by (c) Which are or were at any time vapors produced by or transported, handled, stored, originating from equipment treated, disposed of, or proc- that is used to heat, cool or essed as waste by or for: dehumidify the building, or 1) Any insured;or equipment that is used to heat water for personal use, 2) Any person or organization by the building's occupants for whom you may be le- or their guests. gaily responsible; For the purpose of the ex- (d) At or from any premises, site or caption granted in Para- location on which any Insured or graph 1) only, vapors any contractors or subcontrac- means any gaseous or air- tors working directly or indirectly borne irritant or airborne on any insured's behalf are contaminant, includingperforming operations if the smoke, fumes, vapor or "pollutants"are brought on or to soot, but excluding asbes- the premises, site or location in los, which is discharged, connection with such operations dispersed, emitted, re- by such insured, contractor or leased or escapes from subcontractor. However, Para- materials, machinery or graph(d)does not apply to: equipment used in the 1) "Bodily.injury" or "property service or maintenance of damage" arising out of the the premises. Vapors does discharge, dispersal, seep- age,not mean any gaseous or migration, release, es- Includes copyrighted material of insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 3 of 22 cape or emission of fuels, orations are to test for, monitor, lubricants or other operating clean up, remove,contain, treat, fluids, or exhaust gases, detoxify or neutralize; or in any which are needed to per- way respond to, or assess the form, or are the result of, effects of,"pollutants". the normal electrical, hy- draulic or mechanical func- (2) Any loss, cost or expense arising out tions necessary for the op- of any: oration of "mobile equip- rtzenl" or its parts, if such (a) Request, demand, order or statutory or regulatory require- fuels, lubricants or other ment that any Insured or others operating fluids,or exhaust test for, monitor, clean up, re- gases, escape, seep or mi- move, contain, treat, detoxify or grate, or are discharged, neutralize, or in any way re- dispersed, released or emitted from a vehiclepart spond to, or assess the effects of,"pollutants";or designed to hold, store or: • receive them. This excep- (b) Claim or suit by or on behalf of a tion does not apply if the fu- governmental authority for dam- els, lubricants or other op- ages because of testing for, Grating fluids, or exhaust monitoring, cleaning up, remov- • gases,escape, seep or mi- ing, containing, treating, detoxi- grate, or are discharged, tying or neutralizing, or in any dispersed, released or way responding to,or assessing emitted with the intent to the effects of,"pollutants". cause bodily injury" or "property damage" orwith However, Paragraphs (2)(a) and (b) . the knowledge that "bodily do not apply to liability for damages injury"or"property damage" because of "property damage" that is substantially certain to the insured would have In the ab- occur,or if such fuels, lubri- sence of such request, demand, or- cants or other operating der or statutory or regulatory, re- fluids, or exhaust gases, quirement, or such claim or suit by are brought on or to the or on behalf of a governmental premises, site or location authority. with such intent to escape, g. Aircraft,Auto or Watercraft seep or migrate, or be dis- charged, dispersed, re- "Bodily injury'or"property damage" avis- leased or emitted as part of Ing out of the ownership, maintenance, the operations being per- use or entrustment to others of any air- • formed by such insured, craft, "auto" or watercraft owned or oper- contractor or subcontractor; ated by or rented or loaned to any in- sured Use includes operation and 2) "Bodily injury"_or "property--- "loading or unloading" damage sustained within a building and caused by the This exclusion applies even if the claims release of gases, fumes or against any insured allege negligence or vapors from materials other wrongdoing in the supervision, hir- brought into that building in ing,employment,training or monitoring of connectionwith operations others by that insured,if the "occurrence" being performed by you or which caused the "bodily injury"or"prop- on your behalf by a con- erty damage" involved the ownership, tractor or subcontractor;or maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft 3) "Bodily injury" or "property that is owned or operated by or rented or damage"arising out of heat, loaned to any insured. smoke or fumes from a "hostile fire";or This exclusion does not apply to: (e) At or from any premises, site or (1) A watercraft while ashore on prem- location on which any insured or ises you own or rent; any contractors or subcontrac- tors working directly or indirectly (2) A watercraft you do not own that is: on any insured's behalf are (a) Less than 51 feet long;and performing operations if the op- Includes copyrighted material of insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 4 of 22 (b) Not being used to carry persons governmental authority in hindering or property for a charge; or defending against any of these. (3) Parking an "auto"on,or on the ways j. Damage to Property next to, premises you own or rent, provided the "auto" is not owned by Property damage to: or rented or loaned to you or the in- (1) Property you own, rent or occupy, sured; including any costs or expenses in- (4) Liability assumed under any"insured curred by you, or any other pe• rson, contraot" for the ownership, rnainte- organization or entity, for repair, re- nae or use of aircraft or watercraft; placement, enhancement, restora- or tion or maintenance of such property for any reason, including prevention (5) "Bodily injury" or "property damage" of injury to a person or damage to arising out of: another's property; (a) The operation of machinery or (2) Premises you sell, give away or equipment that is on, attached abandon, if the "property damage" to, or part of, a land vehicle that arises out of any part of those prom- would qualify under the defini- ises; tion of "mobile equipment" if it (3) Property loaned to you; were not subject to a compul- sory or financial responsibility (4) Personal property in the care, cus- law or other motor vehicle insur- tody or control of an insured; ance law In the state where it is licensed or principally garaged; (5) That particular part of real property or on which you or any contractors or subcontractors working directly or .(b) The operation of any of the ma- indirectly on your behalf are per- chinery or equipment listed in forming operations, if the "property Paragraph f.(2) or 1.(3) of the damage" arises out of those opera- definition of"mobile equipment'. tions;or h. Mobile Equipment (6) That particular part of any property _. -- "Bodily injury" or"property damage" aris- that must, be restored, repaired or ing out of: replaced because your work" was incorrectly performed on it, (1) The transportation of "mobile equip- ment" by an "auto" owned or oper- Paragraphs (1), (3) and (4) of this exclu- ated by or rented or loaned to any sion do not apply to "property damage" insured;or (other than damage by fire or explosion) to premises, including the contents of (2) The use of"mobile equipment" in, or such premises,rented to you for a period while in practice for, or while being of 7 or fewer consecutive days, for which prepared for, any prearranged rac- the amount we will pay is limited to the ing, speed, demolition, or stunting Damage To Premises Rented To You activity: Limit as described in SECTION III LIM- ITS OF INSURANCE. I. War Paragraph (2) of this exclusion does not "Bodily injury" or "property damage", apply if the premises are "your work" and however caused, arising, directly or indi- were never occupied, rented or held for redly,out of:. rental by you. (1) War, including undeclared or civil Paragraphs (3), (4),(5) and(6)of this ex- war; elusion do not apply to liability assumed (2) Warlike action by a military force, in- under a sidetrack agreement in hindering action or de- Paragraph (6) of this exclusion does not fending against an actual or ex- apply to "property damage included in pected attack, by any government, the "products-completed operations haz- sovereign or other authority using ard" . military personnel or other agents;or k. Damage to Your Product (3) Insurrection, rebellion, revolution, usurped power, or action taken by "Property damage" to "your product" arising out of it or any part of it. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 5 of 22 1. .Damage to Your Work q. Employment-Related Practices "Property damage" to "your work" arising "Bodily injury"to: out of it or any part of it and included in (1) A person arising out of any: the "products-completed operations haz- ard". (a) Refusal to employ that person; This exclusion does not apply if the darn- (b) Termination of that person's aged work or the work out of which the employment;or damage arises was performed on your behalf by a subcontractor. (c) Other employment-related prac- tices, policies, acts or omissions m. Damage to Impaired Property or Prop- including but not limited to coer- erly Not Physically Injured clot, criticism, demotion, "Property damage"to"impaired property" evaluation, failure to promote, or property that has not been physically reassignment, discipline, dela- injured,arising out of: mation, harassment, humiliation or discrimination directed at that (1) A defect, deficiency, inadequacy or person;or dangerous condition in "your prod- uct"or"your work";or (2) The spouse,child, parent, brother or sister of that person as a conse- (2) A delay or failure by you or anyone quence of"bodily injury" to that per- acting on your behalf to perform a son at whom any of the employment- contract or agreement in accordance related practices described in Para- with its terms. graphs (a), (b) or (c) above is di- This exclusion does nota apply to the foss rected. of use of other property arising out of This exclusion applies: sudden and accidental physical injury to "your product" or "your work" after it has (1) Whether the insured may be liable been put to its intended use. as an employer or in any other ca- pacity;and n. Recall of Products, Work or Impaired Property (2) To any obligation to share damages with or repay someone else who Any liability or damages claimed for any must pay damages because of the loss, cost or expense incurred by you or injury. others for the loss of use,withdrawal, re- r. Additional Insured Prior Knowledge call, Inspection, repair, replacement, ad- justment,removal or disposal of: An additional insured added by attach- (1) "Your product" ment of an endorsement to this Coverage Part that is seeking coverage for a claim (2) "Your work";or or "suit", if that additional insured knew, per the following paragraph, that "bodily (3) "Impaired property"; injury" or "property damage" had oc- if such product, work or properly is with- Furred or had begun to occur,in whole or drawn or recalled from the market or from in part, prior to the "coverage terra" in use by any person or organization be- which such "bodily injury' or "property cause of,a known or suspected defect, damage"occurs or begins to occur. deficiency, . inadequacy or dangerous An additional Insured added by attach- condition In it. rnent of an endorsement to this Coverage o. Personal and Advertising Injury Part will be deemed to have known that "bodily injury" or "property damage" has "Bodily Injury'arising out of"personal and occurred orhas begun to occur at the advertising injury". earliest time when that additional insured, or any one of its owners,members, part- p. Asbestos ners, managers, executive officers, "em- "Bodily injury." or "property damage" aris- ployees" assigned to manage that add- ing out of,attributable to,.or any way re- tionaiinsureds insurance program, or"employees" assigned to give or receive lated to asbestos in any form or trans- milted In any manner. notice of an "occurrence", personal and advertising injury"offense,claim or suit : Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 6 of 22 (1) Reports all,or any part, of the "bodily a. We will pay those sums that the insured injury"or"property damage"to us or becomes legally obligated to pay as any other insurer; damages because of "personal and ad- vertising injury" to which this insurance ( applies. We will have the right and duty or claim for damages because of the to defend the insured against any "suit" "bodily injury"or"property damage"; seeking those damages. However, we (3) First observes,or reasonably should will have no duty to defend the insured have first observed, the "bodily in- ,agaiinst any "suit" seeking damages for • jury" "property propertydamage�, personal and advertising injury to which this insurance does not apply. We may, (4) Becomes aware, or reasonably at our discretion, investigate any offense should have become aware, by any and settle any claim or"suit" that may reg means other than as described in (3) suit. But: above, that "bodily injury" or "prop= (1) The amount we will pay for damages arty.damage" had occurred or had is limited as described in SECTION begun to occur;or III-LIMITS OF INSURANCE;and (5) Becomes aware, or reasonably should have become aware, of a (2) Our right and duty to defend ends " when we have used up the applica- condition from which "bodily injury" ble limit of insurance in the payment or"property damage"is substantially of judgments menta or settlements under certain to occur. g SECTION I - COVERAGES, COV Electronic Data ERAGE A. BODILY INJURY AND COV- s. PROPERTY DAMAGE LIABILITY; Damages arising out of the loss of, loss SECTION I COVERAGES, COV- of OVof use of, damage to, corruption of, in- ERAGE B. PERSONAL AND AD- ability to access,or inability to manipulate VERTISING INJURY LIABILITY; or "electronic data". medical expenses under.SECTION I 1. Distribution of Material in Violation of - COVERAGES, COVERAGE C. • Statutes MEDICAL PAYMENTS. "Bodily injury" or "property damage" aris- No other obligation or liability to pay sums --_ ing directly or indirectly out of any action or perform acts or services is covered or omission that violates or is alleged to unless expressly provided for under violate: SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B, a. The Telephone Consumer Protection Act (TOPA), including any amend- b. This insurance applies to "personal and ment of or addition to such Iaw; or advertising injury"only if: b. The CAN-SPAM Act of 2003, includ- (1) The "personal and advertising injury" ing any amendment of or addition to is caused by an offense arising out. such law;or of your business;and (2) The"personal and advertising injury" c. Any statute, ordinance or regulation, other than the TOPA or GAN-SPAM offense was committed in the "coy- Act of 2003, that prohibits or limits the era and sending, transmitting; communicating or.distribution of material or informa- (3) Prior to the "coverage term" in which tion. the "personal and advertising injury" Exclusions c. through q. do not apply to offense is committed, you did not "property damage" by fire or explosion to know,per Paragraph 1.d.below,that premises while rented to you or temporarily the offense had been committed or occupied by you with permission of the owner, had begun to be committed,in whole for which the amount we will pay is limited to or in part. the Damage to Premises Rented To You Limit c. "Personal and advertising injury" caused as described in SECTION III- LIMITS OF IN- by an offense which: SURANCE. COVERAGE B. PERSONAL AND ADVERTISING (1) Was committed during the"coverage term";and INJURY LIABILITY 1. Insuring Agreement Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 7 of 22 • (2) Was not, prior to the "coverage (1) The inception of this Coverage Part; term", known by you, per Paragraph or 1 d.below,to have been committed; (2) The "coverage term" in which insur- includes anycontinuation, change or re- ance coverage is sought. sumption othat offense after the end of the "coverage term" in which it •first be- d. Criminal Acts came known by you. "Personal and advertising injury" arising out of a criminal act committed by or at d. You: will be deemed to know that a "per- the direction of the insured: sonal and advertising injury" offense has been committed at the earliest time when e. Contractual Liability any"authorized representative": "Personal and advertising injury" for (1) Reports all, or any part, of the "per- which the insured is obligated to pay sonal and advertising injury" to us or damages by reason of the assumption of any other insurer; liability in a.contract or agreement. This (2) Receives a written or verbal demand exclusion does not apply to liability for. or claim for damages because of the damages: personal and advertising injury"; (1) That the insured would have in the (3) .First observes, or reasonably should absence of the contract or agree- have first observed, the offense that ment;or caused the "personal and advertis- (2) Assumed in a contract or agreement lig injury"; that is an "insured contract", pro- (4) Becomes aware, or reasonably vided the "personal and advertising should have become aware, by any injury is caused by or arises out of means, other than as described In an offense committed subsequent to (3)above,that the offense had been the execution of the contract or committed or had begun to be com- agreement. When a claim for such mated;or personal and advertising injury is made,we will defend that claim, pro- (5) Becomes aware, or reasonably vided the insured has assumed the should have become aware, of a obligation to defend such claim in the ' condition from which "personal and -'insured contract". Such defense advertising injury" is substantially payments will not reduce the limits of certain to occur. insurance. 2. Exclusions f. Breach of Contract This insurance does not apply to: "Personal and advertising injury" arising out of a breach of contract,except an im • - a. Knowing Violation of Rights of Another plied contract to use another's advertising "Personal and advertising injury" causedidea in your"advertisement". by or at the direction of the insured with g. Quality or Performance of Goods - the knowledge that the act would violate Failure to Conform to Statements the rights of another and would inflict "personal and advertising injury". "Personal and advertising injury" arising bout of the failure of goods, products or . Material Published With Knowledge of services toconform with any statement of Falsity quality or performance made in your "ad- "Personal and advertising injury" arising vertisement". out of oral or written publication of mate- h. Wrong Description of Prices nal, f •done by_or at the direction of the in- sured with knowledge of Its falsity_ "Personal and advertising injury arising out of the wrong description of the price c. Material Published Prior to Coverage g of goods, products or services stated in Term your"advertisement". "Personal and advertising injury" arising i. Infringement of Copyright, Patent, out of oral or written publication.of mate- Trademark or Trade Secret rial whose first publication took place be- fore the later of the following: "Personal and advertising injury" arising out of the infringement of copyright, pat- Includes copyrighted material of Insurance GA 101 12 04 Seivices Office,Inc.,with its permission. Page 8 of 22 ent, trademark, trade secret or other in- or discrimination directed at that tellectual property rights. person;or However,this exclusion does not apply to (2) The spouse, child, parent, brother or infringement, in your "advertisement", of sister of that person as a conse- copyright,trade dress or slogan. quence of "personal and advertising injury"to that person at whom any of j. Insureds in Media and Internet Type the employment-related practices Businesses described in Paragraphs (a), (b) or "Personal and advertising Injury' corn- (c)above is directed. miffed by an insured whose business is: This exclusion applies: (1) Advertising, broadcasting, publishing (1) Whether the insured may be liable or telecasting; as an employer or in any other Ca- (2) Designing or determining content of • parity;and web-sites for others;or (2) To any obligation to share damages (3) An Internet search, access, content with or repay someone else who .must pay damages because of theor service provider. u iiij. However,this exclusion does not apply to Paragraphs 17. a., b. and c. of "personal n. Pollutant and advertising injury"under SECTION V • "Personal and advertising injury" arising DEFINITIONS. out of the actual, alleged or threatened For the purposes of this exclusion, the discharge, dispersal, seepage, migration, release, escape or emission of "pollut- ants"of frames, borders or links,or ad- ants"at any time. vertising, for you or others anywhere on the Internet is not, by itself, considered o. Pollutant-Related the business of advertising,broadcasting, publishing or telecasting. Any loss, cost or expense arising out of k. Electronic Chatroors or Bulletin any. Boards (1) Request, demand, order or statutory or regulatory requirement that any "Personal and advertising injury" arising insured or others test for, monitor, out of an electronic chatroom or bulletin clean up, remove, contain, treat, board any insured hosts, owns, or over detoxify or neutralize, or in any way which any insured exercises control. respond to,or assess the effects of, I. Unauthorized Use of Another's Name "pollutants";or or Product (2) Claim or suit by or on behalf of a "Personal and advertising injury" arising governmental authority for damages out of the unauthorized use of another's because of testing for, monitoring, name or product in your 6-mail address, cleaning up, removing, containing, domain name or metatag, or any other treating, detoxifying or neutralizing, or in any way responding to, or as- tialcurt mer to mislead another's poten- sassing the effects of,''pollutants". tial customers. m. Employment Related Practices p. Asbestos "Personal and advertising injury"to: "Personal and advertising injury" arising out of, attributable to, or any way related (1) A person arising out of any: to asbestos in any form or transmitted in any manner. (a) Refusal to employ that person; q. Additional Insured Prior Knowledge (b) Termination of that person's employment;or An additional insured added by attach- ment of an endorsement to this Coverage (c) Other employment-related prac- Part that is seeking coverage for a claim tires, policies,acts or omissions or "suit if that additional insured knew, including but not limited to coer- per the following paragraph, that a "par- don, criticism, demotion, sonal and advertising injury" offense had evaluation, failure to promote, been committed or had begun to be reassignment, discipline, dela- committed,in whole or in part,prior to the oration, harassment, humiliation "coverage term" in which such offense Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page f of 22 was committed or began to be commit- "Personal and advertising injury" arising ted. directly or indirectly out of any action or omission that violates or is alleged to An additional insured added by attach- violate; merit of an endorsement to this Coverage Part will be deemed to have known that a a. The Telephone Consumer Protection "personal and advertising injury" offense Act (TCPA), including any amend has been committed or has begun to be ment of or addition to such law;or committed at the earliest time when that b. The CAN-SPAM Act of 2UU3 'includ- additional insured,or any one of its own- ing any amendment of or addition to ors, members,. partners, managers, ex ecutive officers, "employees" assigned to such law;or manage that additional insured's insur- o._ Any statute, ordinance or regulation, ance program, or "employees' assigned other than the TCPA or CAN-SPAM to give or receive notice of an occur- Act of 2003,that prohibits or limits the rence", "personal and advertising injury' sanding,transmitting, communicating offense,claim or"suit or distribution of material or informs.- (1) Reports all, or any part, of the "per- tion sonal and advertising injury"to us or COVERAGE C.MEDICAL PAYMENTS any other insurer; (2) Receives a written or verbal demand 1. Insuring Agreement or claim for damages because of the a. We will pay medical expenses as de- "personal and advertising injury"; scribed below for "bodily injury" caused (3) First observes,or reasonably should by an accident: • have first observed, the offense that (1) On premises you own or rent; caused the "personal and advertis- ing injury'; (2) On ways next to premises you own or rent;or (4) Becomes aware, or reasonably should have become aware, by any (3) Because of your operations; means other than as described in (3) provided that: above, that the "personal and adver- tising injury" offense had. been corn- (1) The accident takes place In the mitted or had begun to be commit- "coverage territory" and during the ted;or policy period; (5) Becomes aware, or reasonably (2) The expenses are incurred and re- should have become aware, of a ported to us within three years of the condition from which "personal and date of the accident;and advertising injury" is substantially certain to.occur. (3) The injured person submits to ex- amination,at our expense, by physi- r. War clan.s of our choice as often as we reasonably require. "Personal and advertising injury", how- ever caused,arising,directly or indirectly, b. We will make these payments regardless out of: of fault. These payments will not exceed (1) War, includingundeclared or civil the applicable limit of insurance. We will pay reasonable expenses for: war; 2 Warlike action bya military force, in- (1) First aid administered at the time of { } an accident; eluding action in hindering or de- fending against an actual or ex- (2) Necessary medical, surgical, x-ray pected attack, by any government, and dental services, including pros- sovereign or other authority using thetio devices;and military personnel or other agents;or {3} Necessary < ambulance, hospital, (3). Insurrection, rebellion,. revolution, professional .nursing and funeral usurped power, or action taken by services. governmental authority in hindering 2, Exclusions or defending against any of these. s. ` Distribution of Material in Violation of We will not pay expenses for"bodily injury": Statutes includes copyrighted material of Insurance GA 101 1204 Services Office,Inc.,with its permission. Page 10 of 22 a. Any Insured eluding actual loss of earnings up to $250 a day because of time off from work. To any insured, except "volunteer work- ers". 5. Ali costs taxed against the insured in the "suit". b. Hired Person B. Prejudgment interest awarded against the To a person hired to do work for or on insured on that part of the judgment we be- behalf of any insured or a tenant of any come obligated to pay and which fails within insured. the applicable limit of insurance. If we make c. Injury on Normally Occupied Premises an offer to pay the applicable limit of insur- ance,we will not pay any prejudgment interest To a person injured on that part of pram- based on that period of time after the offer. ises you own or rent that the person nor- 7. All interest on the full amount of any judgment malty occupies. that accrues after entry of the judgment and d. Workers' Compensation and Similar before we have paid, offered to pay, or de- Laws posited in court the part of the judgment that is within the applicable limit of insurance. To a person, whether or not an "em- ployee"of any insured, if benefits for the These payments will not reduce the limits of insur- "bodily injury" are payable or must be ance. provided under a workers'compensation SECTION Il-WHt31S AN INSURED or disability benefits law or a similar law. e. Athletic Activities 1. If you are designated in the Declarations as: To any person injured while officiating, a. An individual, you and your spouse are coaching, practicing for, instructing or insureds, but only with respect to the participating in any physical exercises or conduct of a business of which you are games, sports,or athletic contests or ex- the sole owner. hibitions of an athletic or sports nature. b. A partnership or joint venture, you are an f. Products-Completed Operations Haz- insured. Your members, your partners, and and their spouses are also insureds, but only with respect to the conduct of your Included within the`"products-completed business. operations hazard". c. A limited liability company,you are an in- g. Coverage A Exclusions • sured. Your members are also insureds, but only with respect to the conduct of Excluded under COVERAGE A. BODILY your business. Your managers are in- INJURY AND D PROPERTY DAMAGE LI- sureds, but only with respect to their du- ABILITY. ties as your managers. SUPPLEMENTARY PAYMENTS - COVERAGES d. An organization other than a partnership, A AND B joint venture or limited liability company, We will pay, with respect to any claim we investi- you are an insured. Your"executive offi- gate cars"and directors are insureds,but only or settle, or any suit against an insured we with respect to their duties as your offi- cersdefend: or directors. Your stockholders are 1. All expenses we incur. also insureds, but only with respect to . their liability as stockholders. 2. Up to$250 for cost of bail bonds required be- cause of accidents or traffic law violations e. A trust,you are an insured.Your trustees arising out of the use of any vehicle to which are also insureds,but only with respect to the Bodily Injury Liability Coverage applies. their duties as trustees. We do not have to furnish these bonds. 2. Each of the following is also an insured: 3. The cost of bonds to release attachments, but a. Your "volunteer workers" only while per- only for bond amounts within the applicable forming duties related to the conduct of limit of insurance. We do not have to furnish your business, or your "employees", these bonds. other than either your"executive officers" 4. Alf reasonable expenses incurred by the in- (if you are an organization other than a sured at our request to assist us in the inves- partnership,joint venture or limited liability tigation or defense of the claim or "suit", in- company)or your managers (if you are a limited!lability company),but only for acts within the scope of their employment by Includes copyrighted material of Insurance GA 101 1204 Services Office,Inc.,with its permission. Page 11 of 22 you or while performing duties related to d. Your legal representative if you die, but the conduct of your business. However, only with respect to duties as such. That none of these "employees" or "volunteer representative will have all your rights workers"are insureds for: and duties under this Coverage Part. (1) "Bodily injury" or "personal and ad- 3. Any organization you newly acquire or form, vertising injury" other than a partnership, joint venture or ltm- ited liability company, and over which you (a) To you, to your partners or maintainownership or majority interest, will members (ii you are a partner- qualify as a Named insured if there is no other ship or joint venture), to your similar insurance available to that organiza- members ifyou are a limited li- ( tion. However: ability company), to a co- "employee" while in the course a. Insurance under this provision is afforded of his or her employment or only until the 90th day after you acquire performing duties related to the or form the organization or the end of the conduct of your business, or to policy period,whichever is earlier;: your other "volunteer workers" ja, . COVERAGE A. BODILY iNJURY AND totle performing nduour business;related PROPERTY DAMAGE LIABILITY does to the conduct of your " • „ ,, not apply to bodily injury or property (b) To the spouse, child, parent, damage" that occurred before you ac- brother or sister of that op- quired or formed the organization;and "employee or volunteer worker" as a consequence of o. COVERAGE B. PERSONAL AND AD- Paragraph(1)(a)above; VERTISING INJURY LIABILITY does not apply to personal and advertising injury" (c) For which there is any obligation arising out of an offense committed be- to share damages with or repay fore you acquired or formed the organ!- someone else who must pay nation. damages because of the injury person arson or or anization is an insured with re- ordescribed in Paragraphs (1)(a) g (b)above;or spect to the conduct of any current or past part- nership, joint venture or limited liability company (d) Arising out of his or her provid- that is not shown as a Named Insured in the Dec- ing or failing to provide profes- laraations. sionixl health care services. SECTION III LIMITS OF INSURANCE (2) "Property damage"to property: 1. The Limits of Insurance shown in the Declara- (a) Owned,occupied or used by;or tions and the rules below fix the most we will pay regardless of the number of: (b) Rented to, in the care, custody or control of, or over which a. Insureds; physical control is being exer- cised for any purpose by, b. Claims made or"suits"brought;or you, any of your "employees , "vol- c. Persons or organizations making claims . unteer workers", any partner or or bringing"suits". member (if you are a partnership or 2. a. The General Aggregate Limit is the most joint venture),or any member (if you we will pay for the sum of: are a limited liability company). (1) Medical expenses under .COVER- b. Any person (other than your "employee" AGE C.MEDICAL PAYMENTS; or "volunteer worker), or any organiza- tion while acting as your real estate man- (2) Damages under COVERAGE A. ager. BODILY INJURY AND PROPERTY c. Any person or organization having proper DAMAGE LIABILITY, ilyc nju or ages because of "bodily injury"" or temporary custody of your property if you "property damage" Included in the die,but only: "products-completed operations (1) With respect to liability arising out of hazard";and the maintenance or use of that prop , (3) Damages under COVERAGE B. arty;and PERSONAL AND ADVERTISING (2) Until your legal representative has INJURY LIABILITY. been ppointed. his Genera! Aggregate Limit will not ap- ply if either the Location General Aggre- includes copyrighted material of Insurance GA 101 12 04 Services Office,inc.,with its permission. Page 12 of 22 gate Limit of Insurance, Paragraph 2.b., your behalf at the same location for or the Construction Project General Ag- the same persons or organizations, gregate Limit of Insurance, Paragraph no matter how often or under how I 2.o.applies. many different contracts, will be deemed to be a single construction b. A separate Location General Aggregate project. Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the 3. The Products-Completed Operations Aggre- Declarations, shall apply,to each location gate Limit is the most we will pay under COY- owned OYowned by,or rented or leased to you and ERAGE A. BODILY INJURY AND PROP- is the most we will pay for the sum of: ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property dam- (1) Damages under COVERAGE A. age" included in the "products-completed op- BODILY INJURY AND PROPERTY erations hazard". DAMAGE LIABILITY, except dam- ages because of "bodily injury" or 4. Subject to 2.a. above, the Personal and Ad- "property damage" included in the vertising Injury Limit is the most we will pay "products-completed operations under COVERAGE B. PERSONAL AND AD- hazard";and VERTISING INJURY LIABILITY for the sum of all damages because of all"personal and ad- (2) Medical expenses under COVER- vertising injury" sustained by any one person AGE C. MEDICAL PAYMENTS, or organization. which can be attributed to operations at 5. Subject to 2. or 3. above,whichever applies, only a single location owned by,or rented the Each Occurrence Limit is the most we will or leased to you. pay for the sum of: c. A separate Construction Project General a. Damages under COVERAGE A. BODILY Aggregate Limit of Insurance, equal to INJURY AND PROPERTY DAMAGE Li- the amount of the General Aggregate ABILITY;and Limit shown in the Declarations, shall ap- ply to each construction project and is the b. Medical expenses under COVERAGE C. most we will pay for the sum of: MEDICAL PAYMENTS; (1) Damages under COVERAGE . A. because of all "bodily injury" and "property BODILY INJURY AND PROPERTY damage"arising out of any one"occurrence". DAMAGE LIABILITY, except dam- 6. Subject to 5. above, the l,. .. ge to Premises ages because of "bodily injury"the Rented to You Limit is the most we will pay "property damage" included in under COVERAGE A. BODILY INJURY AND hazard";;s-campleted operations PROPERTY DAMAGE LIABILITY for dam- ages and because of "property damage" to any (2) Medicalexpenses under COVER- one premises, while rented to you, or in the AGE C.MEDICAL PAYMENTS; case of damage by fire or explosion, while rented to you or temporarily occupied by you which can be attributed only to ongoing with permission of the owner. operations and only at a single construe- tion project. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVER- - d. Only for the purpose of determining which AGE C.MEDICAL PAYMENTS for all medical General Aggregate Limit of Insurance, expenses because of"bodily Injury"sustained 2.a., 2.b.,or 2.c.,applies: by any one person. (1) Location means premises involving The Limits of Insurance of this Coverage Part ap- the same or connecting lots, or ply separatelyto each "coverage term". premises,whose connection is inter- rupted only by a street, roadway, SECTION IV - COMMERCIAL GENERAL LI- waterway or right-of-way of a rail- ABILITY CONDITIONS road. 1. Bankruptcy (2) Construction project means a loca- tion you do not own, rent or lease Bankruptcy or insolvency of the insured or of where ongoing improvements, al- tide insureds estate will not relieve us of our terations, installation, demolition or obligations under this Coverage Part. maintenance work is performed by 2. Duties in the Event of Occurrence,Offense, you or on your behalf. All connected Claim or Suit ongoing improvements, alterations, installation, demolition or mainte- a. You must see to it that we are notified as nance work performed by you or on soon as practicable of an"occurrence"or Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 13 of 22 a "personal and advertising injury" of- under the terms of this Coverage Part or that fense which may result in a claim. To the are In excess of the applicable limit of insur- extent possible,notice should include: ance. An agreed settlement means a settle- ment and release of liability signed by us, the (1) How, when and where the "occur- insured and the claimant or the claimant's le- fence"or offense took place; gal representative. (2) The names and addresses of any . 4. Liberalization injured persons and witnesses;and If,within 60 days prior to the beginning of this • (3) .The nature and location of any injury Coverage Part ordurin the policy period, we or damage arisingout of the "occur- 9y any P... y n 9 make any changes to forms or endorse- ranee"or offense. merits of this Coverage Part for which there is. currently no separate premium charge, and a b. Ifa: a claim isn made or "suit" is brought that change provides more coverage than this against insured,you must: Coverage Part, the change will automatically (1) Immediately record the specifics of apply to this Coverage Part as of the latter of: the claim or "suit" and the date re- a, The date we implemented the change in ceived.and your state;or (2) Notify us as soon as practicable. b: The date this Coverage Part became ef- You must see to it that we receive written fective;and notice of the claim or "suit" as soon as will be considered as included until the end of practicable. the current policy period. We will make no c. You and any other involved insured must: additional premium charge for this additional coverage during the interim. (1) immediately send us copies of any demands, notices, summonses or 5. Other Insurance legal papers received in connection if other valid and collectible insurance Is with the claim or"suit"; available to the insured for a loss we cover (2) Authorize us to obtain records and under COVERAGE A. BODILY INJURY AND other information; PROPERTY DAMAGE LIABILITY or COV- ' ERAGE B. PERSONAL AND ADVERTISING (3) Cooperate with usin the investiga- INJURY LIABILITY of this Coverage Part, our tion or settlement of the-claim or de- obligations are limited as follows: fense against the"suit";and a. Primary Insurance (4) Assist us, upon our request, in the enforcement of any right against any This insurance is primary except when b. person or organization which may he below applies. If this insurance is pri- liable to the insured because of in- [Bary, our obligations are not affected jury or damage to which this incur- unless any of the other insurance is also ance may also apply. primary. Then,we will share with all that other insurance by the method described d. No insured will, except at that insured's in c.below: own cost, voluntarily make a payment, assume any obligation,or incur any ex- b. Excess Insurance pense, other than for first aid,without our This insurance is excess over: consent. 3. Legal Action Against Us (1) Any of the other insurance, whether primary, excess, contingent or on No person or organization has a right under any other basis: , this Coverage Part: (a) That is Fire, Extended Cover- a. To join us as a party or otherwise bring age, Builder's Risk, Installation us into a "suit" asking for damages from Risk or similar .insurance for an insured;or "your work"; b. To sue us on this Coverage Part unless (b) That is Fire or Explosion insur- all of its terms have been fully compiled ance for premises rented to you with. or temporarily occupied by you with permission of the owner; A person or organization may sue us to re- cover on an agreed settlement or on a final (c) That is insurance purchased by judgment against an insured;but we will not you to cover your liability as a he liable for damages that are not payable tenant for "property damage" to Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with Its permission. Page 14 of 22 premises rented to you or tern- shown in the Declarations of this Cover- porarily occupied by you with age Part permission of the owner;or c. Method of Sharing (d) If the loss arises out of the maintenance or use of aircraft, If all of the other insurance permits con- "autos" or watercraft to the ex- tribution by equal shares, we will follow tent not subject to SECTION 1 - this method also. Under this approach • COVERAGES, COVERAGE A. each insurer contributes- equal amounts • BODILY. INJURY AND PROP-.- until it has paid its applicable limit of in- ERTY DAMAGE LIABILITY, 2. surance or none of the loss remains, Exclusions,g Aircraft,Auto or whichever comes first. Watercraft. If anyof the other insurance does not (2) Any other primary insurance avail- permt contribution by equal shares,we able to the insured covering liability will contribute by. limits. Under this for damages arising out of the - method,each insurers share is based on premises or operations, or the prod- the ratio of its applicable limit of insurance ucts and completed operations, for to the total applicable limits of insurance which the insured has been added of all insurers. as an additional insured by attach- 6, Premium Audit merit of an endorsement. a. We will compute all premiums for this (3) Any other insurance: Coverage Part in accordance with our (a) Whether primary, excess, con- rules and rates. tingent or on any other basis, b. Premium shown in this Coverage Part as except when such insurance is advance premium is a deposit premium • written specifically to be excess only. At the close of each audit period we over this insurance;and will compute the earned premium for that (b) That is a consolidated (wrap-up) period and send notice to the first Named insurance program which has Insured. The due date for audit and ret- been provided by the prime rospective premiums is the date shown contractor/proJect manager or as the due date on the bill. If: owner of the consolidated. proj- (1.). The earned premium is less than the ect in which you are involved. deposit premium, we will return the When this insurance is excess, we will excess to the first Named Insured;or have no duty under COVERAGE A. (2) The earned premium is greater than BODILY INJURY AND PROPERTY the deposit premium, the difference DAMAGE LIABILITY or COVERAGE B. will be due and payable to us by the PERSONAL AND ADVERTISING IN- first Named insured upon notice from JURY LIABILITY to defend the insured us. against any "suit" if any other insurer has a duty to defend the insured against that c. The first Named Insured must keep rec- "suit". If no other insurer defends,we will ords of the information we need for computation, pre- trndertai<s to do so, but we will be entitled mium and send us copies at to the insured's rights against all those such times as we may request. other insurers: :7P . Representations `s excess over other When this Insurance t insurance, we will pay only our share of By accepting this Coverage Part,you agree: amount of the loss, if any, that ex- inthe Declarations are the Y a. The statements ceeds the sum of: accurate and complete; (1) The total amount that all such other b. Those statements are based upon repre- insurance would pay for the loss in sentations you made to us;and the absence of this insurance;and c. We have issued this Coverage Part in re- (2) The total of all deductible and self- Hance upon your representations. insured amounts under ail that other insurance. • 8. Separation of Insureds We will share the remaining loss, if any, Except with respect to the Limits of insurance, with any other insurance that is not de- and any rights or duties specifically assigned scribed in this Excess Insurance provi- in this Coverage Part to the first Named In- sion and was not bought specifically to sured,this insurance applies: apply in excess of the Limits of Insurance Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 15 of 22 a. As if each Named Insured were the only (1) An individual, you and your spouse Named insured;and are"authorized representatives". b. Separately to each insured against whom (2) A partnership or joint venture, your claim is made or"suit"is brought members, your partners, and their spouses are "authorized representa- 9. Transfer of Rights of Recovery Against fives' Others to Us • (3) ,A limited liability company, your If the insured has rights to recover ail or part members and your managers are. of any payment we have made under this "authorized representatives Coverage Part, those rights are transferred to us. The insured must do nothing after loss to (4) An organization other than a part_ impair them; At our request, the insured will nership,joint venture or limited Habil- bring "suit" or transfer those rights to us and ity company, your "executive offi- help us enforce them. cors" and directors are "authorized representatives". Provided you are 10. Two or More Coverage Forms or Policies not a publicly traded organization, Issued by Us your stockholders are also "author- ized If this Coverage Part and any other Coveragerepresentatives". Form, Coverage Part or policy issued to you (5) A trust,your trustees are"authorized by'us or any company affiliated with us apply re resentatives". to the same "occurrence" or "personal and p advertising injury" offense, the aggregate b. Your"employees": maximum limit of insurance under all the Cov- erage Forms, Coverage Parts or policies shall (1) g g your not exceed the highest applicable limit of in- program;or • surance under any one Coverage Form, Cov- (2) Responsible for giving or receiving erage Part or policy. This condition does not notice of an "occurrence", "personal apply to any Coverage Form, Coverage Part and advertising injury" offense, claim or policy issued by us or an affiliated company or"suit"; specifically to apply as excess insurance over this Coverage Part. are also"authorized representatives". 11. When We Do Not Renew 3. "Auto"meads: . If we decide not to renew this Coverage Part, a: 'A land motor vehicle; trailer or semitrailer •we will mail or deliver to the first Named In- designed for travel on public roads, in- sured shown in the Declarations written notice eluding any attached machinery or of the nonrenewal not less than 30 days be- equipment;or fore the expiration date. b. Any other land vehicle that is subject to a If notice is mailed,proof of mailing will be suf- compulsory or financial responsibility law flcient proof of notice. or other motor vehicle insurance law in SECTION V- DEFINITIONS the state where it is licensed or.rance law in • gaged. 1. "Advertisement"means a notice that is broad- However, "auto" does not include "mobile cast,telecast or published to the general pub- equipment". lio or specific market segments about your goods,products or services for the purpose of 4. "Bodily injury"means bodily injury,sickness or attracting customers or supporters. "Adver- disease sustained by a person, including tisement" includes a publicity article. For pur- death resulting from any of these at any time. poses of this definition: 5. "Coverage term' means the following individ- a. Notices that are published include mate- ual increment, or if a multi-year policy period, rial placed on the Internet or on similar increments,of time,which comprise the policy electronic means of communication;and period of this Coverage Part: b. Regarding web-sites, only that part of a a. The year commencing on the Effective web-site that is about your goods, prod- Date of this Coverage Part at 12:01 AM ucts or services for the purposes of at- standard time at your mailing address • tracting customers or supporters is con- shown in the Declarations, and if a multi- sidered an"advertisement". year policy period, each consecutive an- nual period thereafter,or portion thereof if 2. "Authorized representative"means: any period is for a period of less than 12 a. If you are designated in the Declarations months, constitute individual "coverage as: terms". The last"coverage term" ends at includes copyrighted material of insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 16 of 22 12:00 AM standard time at your mailing 10. "Hostile fire" means one which becomes un- address shown in the Declarations on the controllable or breaks out from where it was earlier of: intended to be. (1) The day the policy period'shown in 11. "Impaired property" means tangible property, the Declarations ends;or other than "your product" or"your work", that (2) The day the policy to which this Cov- cannot be used or is less useful because: erage Part is attached is terminated a. It incorporates "your product" or 'your or cancelled. work" that is known or thought to be de- fective, deficient, inadequate or danger- b. However, if after the issuance of thisous;'or Coverage Part, any "coverage term" is extended for an additionall period of less b. You have failed to fulfill the terms of a than 12 months, that additional period of contract or agreement; time will be deemed to be part of the last preceding"coverage term". if such property can be restored to use by: - -a a. The repair, replacement, adjustment or 6. "Coverage territory"means: removal of"your product" or"your work"; a. The United States of America (including or its territories and possessions), Puerto b, Your fulfilling the terms of the contract or • Rico and Canada; b. `• b. International waters or airspace, but only 12. "Insured contract"means: if the injury or damage occurs in the course of travel or transportation between a. A contract for a lease of premises. How- any places included in a.above;or ever, that portion of the contract for a 0. lAlf ama other parts of the world if the injury or lease of premises that indemnifies any person or organization for "property damage arises out of: damage" by fire or explosion to premises (1) Goods or products made or sold by while rented to you or temporarily occu- you in the territory described in a, pied by you with permission of the owner above; is not an"insured contract"; (2) The activities of a person whose b. A sidetrack agreement; home is in the territory described in . ' qny easement or license agreement, ex- a.above,but is away for a short Mme cept in connection with construction or on your business;or demolition operations on or within 50 feet (3) "Personal and advertising injury" of- of a railroad; Wises that take place through the d. An obligation, as required by ordinance,Internet or similar electronic meansto indemnify a municipality, except in of communication, connection with work for a municipality; provided the insured's responsibility to e. An elevator maintenance agreement; pay damages is determined in a"suit" on the merits, in the territory described in a, f, That part of any other contract or agree- above or in a settlement to which we ment pertaining to your business (includ- agree. Ing an indemnification of a municipality in for ak with work 7. "Electronic data" means. information, facts or connectionperformed programs stored as or on,created or used on, municipality) under which you assume or transmitted to or from computer software, the tort liability of another party to pay for including systems and applications software, "bodily injury", " property damage" or ' hard or floppy disks, CD-ROMs,tapes,drives,data processing devices or any other personal and advertising injury"erson to a third person or organization. . Tort liability media which are used with electronically con- means a liability that would be imposed trolled equipment. by law in the absence of.any contract or agreement 8. "Employee"includes a"leased worker". "Em- ployee" Em- Paragraph 1. does not include that part of worker". does not include a "temporary any contract or agreement: w That indemnifies a railroad for"bodily 9. "Executive officer" means a person holding (1) injury", "property damage" or "per- charter, ono. anadvertising injury'. arising any of the officer positionscreated by your s :ierti constitution, by-laws or any other outoof construction or demolition op- orations, within document orations, within 50 feet of any rail- Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 17 of 22 road property and affecting any rail- engines; marketing analysis; and road bridge or trestle, tracks, road- providing access to the Internet or beds,tunnel,underpass or crossing; other similar networks;or (2) That indemnifies an architect, engi- (7) Under which the insured, if a web- neer or surveyor for injury or damage site designer or content provider, or arising out of: Internet search, access, content or service provider,assumes liability for (a) Preparing, approving, or failing injury or damage arising out of the to prepare or approve; maps, insured's rendering or failure to ren- shop drawings, opinions, re- der Internet services,including those ports, surveys, field: orders, listed in Paragraph(6),above. change orders or drawings and specifications;or 13. "Leased worker" means a person leased to you bya labor leasing firm underan agree- (b) Giving directions or instruotions, merit between you and the labor leasing firm, or failing to give them, if that lis to perform duties related to the conduct of the primary cause of the injury your business: "Leased worker" includes su- or damage; pervisors furnished to you by the labor leasing (3) Under which the insured, if an archi- firm. "Leased worker" does not include a tact, engineer or surveyor, assumes temporary worker. liability for an injury or'damage avis- 14. "Loading or unloading" means the handling of ing out of the insured's rendering or property: failure to render professional serv- ices,including those listed in Para- a. After it is moved from the place where it is graph(2)above and supervisory, in- accepted for movement into or onto an spection,architectural or engineering aircraft,watercraft or"auto"; activities; b. While it is in or on an aircraft, watercraft (4) That indemnifies an advertising,pub- or"auto"; or lb relations or media consulting firm for .'personal and advertising injury" o. While it is being moved from an aircraft, arising out of the planning,execution watercraft or auto to the place where it or failure to execute marketing corn- is finally delivered; munications programs. Marketing but "loading or unloading" does not include communications programs include •the movement of property by means of a me- but are not limited to comprehensive chanical device,other than a hand truck, that marketing campaigns; consumer, is not attached to the aircraft, watercraft or trade and corporate advertising,for "auto". all media; media planning, buying, monitoring and analysis; direct mail; 15. "Mobile equipment" means any of the follow- promotion; sales materials; design; ing types of land vehicles, including any at- presentations; tpresentations; point-of-sale materi- tached machinery or equipment: als;market research;public relations and new product development; a. Bulldozers, farm machinery, forklifts and other vehicles designed for use princi- (5) Under which the insured, if an adver- pally off public roads; tiling, public relations or media con- sulting firm, assumes liability for b. Vehicles maintained for use solely on or "personal and advertising injury" next to premises you own or rent; arising out of the insured's rendering c. Vehicles that travel on crawler treads; or failure to, render professional services, Including :those services d. Vehicles, whether self-propelled or not, listed in Paragraph(4),above, maintained primarily to provide mobility to (6) That indemnifies a web-site designer - . permanently mounted: or content provider, or Internet (1) Power cranes, shovels, loaders, dig- search, access, content Or service gers or drills;or provider for injury or damage arising 1 out of the planning,execution or fail- (2) Road construction or resurfacing ure to execute Internet services. equipment such as graders, scrap- Internet services include but are not ers or rollers; limited to design, production, distri- bution, Maintenance and administra- e. Vehicles not described in a., b., o. or d. tion of web-sites and web-banners; above that are not self-propelled and are hosting. web-sites registering do- maintained primarily to provide mobility to main names; registering with search Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 18 of 22 permanently attached equipment of the d. Oral or written publication,in any manner, following types: of material that slanders or libels a per- son or organization or disparages a per- (1) Air compressors, pumps and gen- son's or organization's goods,products or orators, including spraying, welding, services; building cleaning, geophysical explo- ration, lighting and well servicing e. Oral or written publication,in any manner, equipment; or of material that violates a person's right of privacy; (2) Cherry pickers and similar devices used to raise or lower workers f. The use of another's advertising idea in f. Vehicles not described in a., b., c. or d. your'advertisement";or above maintained primarily for purposes g . Infringing upon another's copyright, trade other than the transportation of persons dress or slogan in your"advertisement". or cargo. 16. "Pollutant"means any solid,liquid,gaseous or However, self-propelled vehicles with the thermal irritant or contaminant, including following types of permanently attached smoke, vapor, soot, fumes, acids, alkalis, equipmentequipment"are not "mobile a ui ment" chemicals, petroleum, petroleum products petroleum be considered" :autos and by-products, and waste. recycled, Waste''includes materials to be re- (1) Equipment designed primarily for: conditioned or reclaimed. "Pollutants" include (a) Snow removal; but are not limited to substances which are generally recognized in industry or govern- (b) Road maintenance, but not con- ment to be harmful or toxic to persons, prop- - struction or resurfacing;or erty or the environment regardless of whether the injury or damage is caused directly or indi- (c) Street cleaning; redly by the "pollutants"and whether: (2) Cherry pickers and similar devices a. me insured is regularly or otherwise en- mounted on automobile or truck gaged in activities which taint or degrade chassis and used to raise or lower the environment;or workers;and b. The insured uses,,generates or produces (3) Air compressors, pumps and gen- the "pollutant". erators, including.spraying, welding, p. . :. .-.-.- .,., building cleaning, geophysical lento- 19. Products completed operations hazard": ration, lighting and well servicing a. Includes all "bodily injury" and "property equipment. damage" occurring away from premises However, "mobile equipment" does not in- you own or rent and arising out of "your dude any land vehicles that are subject to a product"or"your work"except: compulsory or financial responsibility law or other motor vehicle Insurance law in the state (1) Products that are still in your physical where it is licensed or principally garaged. possession;or Land vehicles subject to a compulsory or fi- (2) Work that has not yet been coin- nancial responsibility law or other motor vehi- plated or abandoned. However, cle insurance law are considered "autos". "your work" will be deemed corn- 16. "Occurrence" means an accident, including pleted at the earliest of the following continuous or repeated exposure to substan- times. tially the same general harmful conditions. (a) When all of the work called for in 17. "Personal and. advertising injury" your contract has been corn- jury, means in- plated;or including consequential "bodily injury", arising out of one or more of the following of- (b) When all of the work to be done tenses: at the job site has been com- a. False arrest,detention or imprisonment; pleted if your contract calls for work at more than one job site; b. Malicious prosecution; or c. The wrongful eviction from,wrongful entry (c) When that part of the work done into, or invasion of the right of private cc- at a job site has been put to its cupancy of a room, dwelling or premises intended use by any person or that a person occupies, committed by or organization other than another on behalf of its owner,landlord or lessor; contractor or subcontractor working on the same project. Includes copyrighted material of Insurance GA 101 12 04 ' Services Office,inc.,with its permission. Page 19 of 22 Work that may need service, main- her work and acts at the direction of and tenance correction, repair or re- within the scope of duties determined by you, placement, but which is otherwise and is not paid a fee,salary or other'compen- complete, will be treated as corn- sation by you or anyone else for their work pleted. performed for you. b. Does not Include "bodily injury" or 'prop- 24. "Workplace" means that place and during erty damage"arising out of: such hours to which the "employee" sustain- ing "bodily injury" was assigned by you, or (1) The transportation of property, un- any other person or entity acting on your be- less the injury or damage arises out half,to work on the date of"occurrence": of a condition in or on a vehicle not owned or operated by you, and that 25. "Your product": condition was created by the "load- a, Means: Ing or unloading" of that vehicle by any insured; (1) Any goods or products, other than (2) The existence of tools, uninstalled , real property: manufactured, sold, equipment or abandoned or unused handled, distributed or disposed of • materials;or by. (3) Products or operations for which the (a) You; classification, listed in the Declare- (b) Others trading under your name; tions or in a schedule, states that or products-completed operations are included. (c) A person or organization whose ert damage means: business or assets you have 20. "Property y g acquired;and a. Physical injury to tangible property, in- • (2) Containers (other than vehicles), eluding all resulting loss of use of that materials, parts or equipment fur- property. All such loss of use shall be nished in connection with such deemed to occur at the time of the physi- goods or products cal injury that caused it;or b. Loss of use of tangible property that is b. Includes. not physically injured. Ail such loss of (1) Warranties or representations made use shall be deemed to occur at the time at any time with respect to the fit- ofthe"occurrence"that caused it. ness, quality,durability, performance For the purposes of this insurance, "electronic or use of"your product';and data"is not tangible property. (2) The providing of or failure to provide 21. "Suit' means a civil proceeding in which warnings or instructions. money damages because of "bodily injury", o. Does not include vending machines or "property damage" or"personal and advertis- other property rented to or located for the ing injury" to which this insurance applies are use of others but not sold. alleged. "Suit"includes: 26. "Your work a. An arbitration proceeding in which such damages:are"claimed and to which the a. Means: insured must submit or does submit with (1) Work or operations performed by our consent; you or on your behalf;and b. Any other alternative dispute resolution (2) Materials, parts or equipment fur- proceeding in which such damages are nished in:connection with such work claimed and to which the insured submits or operations. with our consent;or c. An appeal of a civil proceeding. b. Includes: 22. "Temporary worker' means a who . (1) Warranties or representations made p Y personat any time with.respect to the fit- furnished to you to substitute for a permanent ness,quality,durability, performance "employee" on leave or to meet seasonal or or use of"your work";and short-term workload conditions. (2) Theproviding of or failure to provide 23 "Volunteer worker" means a person who is warnings or instructions. not your"employee", and who donates his or Includes copyrighted material of Insurance GA 101 12 04: • Services Office, Inc.;with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1. The insurance does not apply: an insured of services, materials, parts or equipment in connection A. Under any Liability Coverage, to "bodily with the planning, construction, injury"or"property damage": maintenance, operation or use of. (1) With respect to which an insured urn- any"nuclear facility.', but if such fa der this Coverage Part is also a:, in= crlity is located within the United sured under a nuclear energy liability States of America, its territories or policy Issued by Nuclear Energy Li- possessions or Canada, this Exclu- ability Insurance Association, Mutual sion (3) applies only to "property Atomic Energy Liability Underwriters, damage" to such "nuclear facility" Nuclear Insurance Association of and any property thereat. Canada, or any of their successors, 2. As used in this exclusion: or would be an insured under any such policy but for its termination "Hazardous properties" includes radioactive, upon exhaustion of its limit of liability; toxic or explosive properties. or• "Nuclear material" means "source material", (2) Resulting from the "hazardous prop- "special nuclear material" or "by-product ma- erties" of "nuclear material" and with terial". respect to which (a) any person or "Source material", "special nuclear material", organization is required to maintainand "by-product material" have the meanings Atomic Energy Act of 1954, orr any financial protection pursuant the given them in the Atomic Energy Act of 1954 law amendatory thereof, or (b) the or in any law amendatory thereof. insured Is,or had this Coverage Part "Spent fuel" means any fuel element or fuel not been issued would be, entitled to component, solid or liquid, which has been 1 indemnity from the United States of used or exposed to radiation in a "nuclear re- America, or any agency.thereof, un- actor". der any agreement entered Into by the United States of America, or any "Waste" means any waste material (a) con- agency thereof, with any person or tanning "by-product material" other than the organization. tailings or wastes produced by the extraction or concentration of uranium or thorium from B. Under any Medical Payments coverage, any ore processed primarily for its "source to expenses incurred with respect to material" content, and (b) resulting from the 'bodily injury" resulting from the "hazard- operation by any person or organization of ous properties" of "nuclear material" and any "nuclear facility" included under the first arising out of the operation of a nuclear two paragraphs of the definition of "nuclear facility"by any person or organization. facility". C. Under any Liability Coverage, to "bodily "Nuclear facility"means: injury" or "property damage" resulting from the "hazardous properties" of "nu- A. Any"nuclear reactor; clear material",if: B. Any equipment or device designed or (1) The "nuclear material" (a) is at any used for (1) separating the isotopes of "nuclear facility"owned by, or oper- uranium or plutonium, (2) processing or ated by or on behalf of, an Insured, utilizing "spent fuel", or (3) handling, or (b) has been discharged or dis- processing or packaging"waste parsed therefrom; C. Any equipment or device used for the (2) The "nuclear material"is contained in processing, fabricating or alloying of spent fuel or "waste" at any time special nuclear material" if at any time possessed, handled, used, proc- the total amount of such material in the essed, stored, transported or dis- custody of the insured at the premises posed of, by or on behalf of an in- where such equipment or device is lo- sured;or cated consists of or contains more than (3) The "bodily injury" or "property dam- 25 grams of plutonium or uranium 233 or ( } y y any combination thereof, or more than age" arises out of the furnishing by 250 grams of uranium 235; Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 21 of 22 D. Any structure, basin, excavation, prern- "Nuclear reactor" means any apparatus da- ises or place prepared or used for the signed or used to sustain nuclear fission in a storage or disposal of"waste", sclf-supporting chain reaction or to contain a and includes the site on which any of the critical mass of fissionable material.Y foregoing is located, all operations conducted Property damage" includes all forms of ra- on such site and all premises used for such dioactive contamination of property. operations. • • • Includes copyrighted material of Insurance GA 101 12 04 Services Office,inc.,with its permission. Page 22 of 22 110-1Di Employment Security Department WASHINGTON STATE April 27,2017 CITY OF SPOKANE VALLEY • 11707 E SPRAGUE AVENUE, SUITE 106 SPOKANE VALLEY, WA 99206 AM LANDSHAPER INC UBI#601701273 8004 N MARKET ST ES#875438-00-1 SPOKANE; A.-49217-81-07 The Employment Security Department hereby certifies those contributions,penalties and interest due from the above named contractor under the Employment Security Act have been paid in full or provided for with respect to the following public works contract: Description: Bates/Rego Stormwater Improvements 2016 Small Works Contract Number 16-109 • The Employment Security Department hereby certifies that it has no claim pursuant to RCW 50.24.130 against the public body named above for tax attributable to service performed for said public body by the above named contractor on the above described contract. The Employment Security Department releases its lien on the retained percentage which is provided by RCW 60.28.040 for contributions,penalties and interest due from said contractor. This certificate does not release said contractor from liability for additional contributions, penalties and interest which may be later determined to be due with respect to the above mentioned contract. If we may be of further assistance,please call(360)902-9450 or email • publicworksgaesd.wa.gov EMPLOYMENT SECURITY DEPARTMENT Original—Disbursing Office Duplicate—Employer Triplicate—Central Office Files