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17-025.00 Sargent Engineers: Bridge Inspection 17.02-6 , AGREEMENT FOR PROFESSIONAL SERVICES Sargent Engineers,Inc THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Sargent Engineers, Inc,hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,serfices,and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant hall contact the City Manager or designee to review the Scope of Services, schedule, and date of'completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar viith all current laws,rules,and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is ithin the scope of Consultant's area of practice. Compensation for such.modifications or change shall be as mutually agreed between the Parties. Consultant shall make such revisions in the w rk as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and f ffect upon execution and shall remain in effect until completion of all contractual requirements have been m t as determined by City. Consultant shall complete its work by December 31,2017;1 unless the time for perfo ance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 Agreement for Professional Services(with professional liability coverage) Page 1 of 6 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days'written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards,City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name:Christine Bainbridge,City Clerk Name°Sargent Engineers,Inc. MIC Phone: (509)921-1000 Pho (360)867-9284 �4a Address: 11707 East Sprague Ave., Suite 106 Address:320 Ronlee Lane NW Spokane Valley, WA 99206 Olympia,WA 98502 (After September 1,2017: 10210 East Sprague Avenue Spokane Valley,WA 99206) 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,construction documents,and services shall,conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred,suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)'transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of.embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Agreement for Professional Services(with professional liability coverage) Page 2 of 6 • paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. City shall have unrestricted authority to publish,disclose, distribute,and otherwise use, in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents,representatives,employees,or subcontractors. A.Minimum Scope of Insurance. Consultant shall obtain insurance of the types.described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 0.1 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO • CG 20 26. Agreement for Professional Services(with professional liability coverage) Page 3 of 6 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. 4.Professional liability insurance appropriate to Consultant's profession. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence,and$2,000,000 for general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and$1,000,000 policy aggregate limit. C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile liability,professional liability,and commercial general liability insurance: 1.Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant,irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days'notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level.Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. Agreement for Professional Services(with professional liability coverage) Page 4 of 6 • 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold harmless City and its officers,agents,and employees,from any and all claims, actions,suits, liability, loss, costs,attorney's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b)Consultant, Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Consultant,Consultant's agents,subcontractors,subconsultants,and employees. Consultant's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection,and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include,or extend to,any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shallnotbe held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits receivedhereunder without prior written consent of the other Party. 15.Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the Work Contemplated under this Agreement without obtaining prior written approval of City. 16.Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. Agreement for Professional Services(with professional liability coverage) Page 5 of 6 f 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates 22 The Parties have executed this Agreement this J M of T11 L,t& ,201 CIT OF SPO N ALLEY Con ultant: v A Mark Calhoun,City Manager By: . Martin, Principal Its: Authorized Representative ATTEST: Christine Bainbridge,City Clerk: APPROVE I = TO FORM: Office .i the Ci frorney Agreem t for Professional Services(with professional liability coverage) Page 6 of 6 3 SARGENT 2017 Billing Rates Min. Max. Principals $137.00 $206.00 Senior Engineers $124.00 $165.00 Senior Project Engineers $114.00 $165.00 Project Engineers $86.00 $142.00 Design Engineers $71.00 $119.00 Engineering Intern $51.00 $94.00 Drafter II $58.00 $99.00 Business Manager $86.00 $152.00 Business Associate $40.00 $92.00 Clerical $31.00 $87.00 Rates good for,calendar year 2017. Rates will increase by 5%to 10% in calendar year 2018. RGSARGENT Sargent Engineers,Inc. 320 Ronlee Lane NW Olympia,Washington 98502 Tel 360 867-9284 Fax 360 867-9318 www.s argenteng in eers.co m January 5,2017 Mr. Pete Fisch City of Spokane Valley Public Works Department 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 RE:City of Spokane Valley 2017 Bridge Inspections. Project No.: A16128.00 Dear Mr. Fisch: The City of Spokane Valley has ten separate structures that will need NBI routine,inventory,and safety inspections in 2017. Sargent Engineers will perform inspections for these structures as follows: • 4421 -Thorpe Road over Plouf Creek—Routine Inspection • 4501 -Sullivan Road over Trent Road, SR 290—Routine Inspection • 4502-Sullivan Road over BNSF RR—Routine Inspection • 4508 Replacement-Sullivan Road over Spokane River—Southbound—Initial Routine Inspection • 4509-Steen Road over Saltese Creek—Routine Inspection • 4511 -Sullivan Road over Spokane River—Northbound—Routine Inspection-(UBIT) • 4518-Evergreen Road/Mission Avenue U-Xing—Routine Inspection-(UBIT) • 4520-Sands Road over Plouf Creek—Routine Inspection • 4593-Park Road under UP RR—Safety Inspection • 4594-Dishman Road U-Xing/Sprague Avenue—Safety Inspection All inspection work will be per current WSDOT and NBI bridge inspection standards and will be performed prior to their 2017 inspection due dates.All inspection work will be performed under the direct supervision of a Professional Engineer, licensed in the State of Washington and certified as a bridge inspection Team Leader.All inspection findings and photographs will be input into the WSDOT WSBIS inspection data base.We will provide the City with signed hard copies of all inspection reports and photographs for each structure. Sargent Engineers can procure UBIT services for the inspection of structures 4508 and 4511. Bridge 4518 is currently listed as needing a bucket truck, lift truck or UBIT to inspect the bearing, but we feel those inspections could be done from a ladder in order to save on inspection costs for the City. The replacement of Bridge 4508 is nearly completed and being a new structure, it will need an Initial Routine inspection which is slightly more intense than a standard Routine inspection. This Initial Routine inspection is also supposed to be completed "after the bridge has been built,and preferably before it is placed into service" according to the WSDOT Bridge Inspection Manual. This means it needs this inspection done sooner than this fall. Being a new bridge, we do not feel it is really necessary to put a UBIT on the bridge at this time. The City will provide the necessary traffic control for use of the UBIT on any of these structures. UBIT services currently indicated in the attached hourly breakdown for Bridge 4511 are procured from Commercial Grading Inc,out of Otis Orchards. Sargent Engineers will procure rail road traffic control,as needed,for track time to inspect structure 4502. a Mr. Pete Fisch MMEM. Page 2 January 5,2017 To complete the Scope of Work as outlined we propose to bill at our current hourly rates to a maximum fee of$24,404.00. Any additions or modifications to the proposed scope of work may require a modification to the maximum proposed fee. Please find the attached cost-per-task breakdown for your review. Thank you for this opportunity to be of assistance to you and we look forward to a successful project working with you. Respectfully, Sargent Engineers,Inc. .,/ f1► Erik C. Martin, SE, PE Principal ECM P:116Files1A16128.00 COSV On-CaII\Proposals\Bridge Inspections\Scope.doc s Mr. Pete Fisch SARGENT Page 3 January 5,2017 Senior Project Project Design Principal Engineer Engineer Engineer Drafter II Clerical Task Cost Rate: $165.00 $136.00 $114.00 $102.00 $89.00 $66.00 Mnter/Spring 2017: Travel 13 13 $2,808 Correspondence 0.5 0.5 $140 Preparation 0.5 1 $159 Field Inspection: 4508-Sullivan Road over Spokane River- Southbound. 4 4 $864 Reporting 1 5 1 $690 Total Direct Salary Cost 0.50 0.00 19.00 23.00 0.00 1.00 $4,661 Direct Costs Mileage $361.13 Lodging and Per Diem $454.00 Total Direct Costs $815 VYnter/Spring 2017 Total $5,476 Fall 2017: Travel 14 14 $3,024 Correspondence 1 4 $621 Preparation 0.5 2 $261 Field Inspections: 4421-Thorpe Road over Plouf Creek 1 1 $216 4501-Sullivan Road over Trent Road,SR 290 2 2 $432 4502*-Sullivan Road over BNSF RR 1.5 1.5 $324 4509-Steen Road over Saltese Creek 1 1 $216 4511**-Sullivan Road over Spokane River- Northbound 4 4 $864 4518-Evergreen Road/Mission Avenue U-Xing 4 4 $864 4520-Sands Road over Plouf Creek 1.5 1.5 $324 4593-Park Road under UP RR 1.5 1.5 $324 4594-Dishman Road U-Xing/Sprague Avenue 1.5 1.5 $324 Reporting 8 18 1 $2,814 Total Direct Salary Cost 1.00 0.00 44.50 52.00 0.00 1.00 $10,608 Direct Costs Mileage $387.88 Lodging and Per Diem $1,432.00 **UBIT(4511) $5,000.00 *Rail Traffic Control(4502) $1,500.00 Total Direct Costs $8,320 Fall 2017 Total $18,928 Grand Total $24,404 SARGENG-01 DDRAPER ACORO' DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/2/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ACT The Dallas Office HON Paynewest Insurance,Inc. PHONE EM):(541)296-2268 FAX No):(541)296-9427 P.O.Box 1940 Miss: The Dalles,OR 97058 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Co 29424 INSURED INSURERB:U.S.Specialty Insurance Co Sargent Engineers,Inc INSURER C: 320 Ronlee Lane NW INSURER D: Olympia,WA 98502 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POUCY NUMBER POUCY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MWDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 52SBAVW7185 02/21/2016 02/21/2017 PREMISES(Ea RENTED $ MED EXP(Any one person) § 10,000 PERSONAL&ADV INJURY j 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE . 2,000,000 X POLICY FJE-r LOC PRODUCTS-COMP/OP AGG j 2,000,000 OTHER: WA Stop Gap $ 1,000,000 A AUTOMOBILE LIABILITY (Ea accclide0 SINGLE LIMIT $ 1,000,000 X ANY AUTO X 52UECIV4082 02/21/2016 02/21/2017 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSREONLY AUTOSBODILYBODILY INJURY(Per accident) $ AUTOS ONLY _ AUUTNOS ONLY (Pang nt�MAGE $ — A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _$ 2,000,000 EXCESS LIAB CLAIMS-MADE 52SBAVW7185 02/21/2016 02/21/2017 AGGREGATE $ 2,000,000 DED -RETENTION$ �I$ WORKERS COMPENSATION AND EMPLOYERS LIABIUTY Y/N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTTVE E.L EACH ACCIDENT $ QFFICER/MEMBER EXCLUDED? N/A andatory in NH) E.L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liab USS1626956 08/16/2016 08/16/2017 Ea Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Spokane Valley is an additional insured on a primary and non-contributing basis with respect to operations of the insured under written contract pursuant to SS0008 0405&HA9916 0312. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Spokane Valle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City P y ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave,Ste 106 Spokane,WA 99206 AUTHORIZED REPRESENTATIVE ftlYMNL hiPM ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From: Diane Draper To: Pete Fisch Subject: RE:Sargent Engineers,Inc-Certificate of Insurance Date: Thursday,February 02,2017 2:59:40 PM Attachments: jmage001.ong jmage002.onq Yes, I will send updated certificates in the near future. We have the renewal so I just need to send out the updated certificates. I have entered your email address, so it should go directly to you. Thank you. Diane Draper Senior Account Manager Albany OR (541) 497-4312 direct phone PayneYVesit INSURANCE We'd Love Your Feedback From: Pete Fisch [mailto:pfisch@spokanevalley.org] Sent:Thursday, February 02, 2017 2:56 PM To: Diane Draper Subject: RE: Sargent Engineers, Inc- Certificate of Insurance Thank you very much! Will we automatically receive an updated policy after Feb. 21st, 2017? WIDER Pete Fisch I City of Spokane Valley I Engineering Technician II, Public Works BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005,The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension-Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us"and"our"refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C.-Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY PROPERTY DAMAGE PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period;and becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury", listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the"bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1.of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an"occurrence"or claim: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage"only if: injuryor "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005,The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the"bodily fault. These payments will not exceed the injury"or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services;and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury"applies. We business or occupation of providing do not have to furnish these bonds. such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the"suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. . has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an"insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same"insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements;or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph(6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the (i) Cooperate with us in the standpoint of the insured. This exclusion does not apply to "bodily investigation, ,settlement or injury" or "property damage" resulting defense of the"suit"; from the use of reasonable force to (ii) Immediately send us copies of protect persons or property;or any demands, notices, 2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the"suit"; acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability (iv) Cooperate with us with (1) "Bodily injury"or"property damage";or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury","property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such"suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury"or"property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or"property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage" or "personal and advertising injury" (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or cool or dehumidify the building, or equipment that is used to (3) Any statute, ordinance or regulation heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the (ii) "Bodilyinjury" or "property business of manufacturing, distributing, damage"for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises,site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury"to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 • BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (iii) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, or (ii) Any person or organization for smoke refumes from a fire" whom you may be legally hostile , or responsible; (e) At or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on any insured's behalf are operations if the operations are to performing operations if the test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way the premises, site or location in respond to,or assess connection with such operations the effects of,"pollutants". . by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand,order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants";or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of,"pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes I. War operation and"loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment";or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service • insured and is hired,chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured has any other insurance for such "bodily instruction for the purpose of appeara , hair injury" or "property damage", whether removal nor replaorlcementncementor personal the other insurance is primary, excess, contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D.-Limits Of Insurance. piercing); Paragraph (2) of this exclusion does not (b) Tattooing, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs(3) and (4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs(3) and (4)of this exclusion do Paragraphs(4)and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage"included in the "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon,if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" or property that has not been physically (5) That particular part of real property on injured, arising out of: which you or any contractors or subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work"; or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business of advertising, broadcasting, publication of material, if done by or at the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your person's right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods,products or services; (a) An "advertisement" for others on your web site; (7) Arising out of any violation of any intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would not have occurred in whole or in (15) Arising out of discrimination or part but for the"asbestos hazard"; humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an"asbestos hazard";or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act(TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices described in Paragraphs(a), (b),or(c) law;or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 • BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to their duties as trustees. a. Any Insured To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees, other than either your"executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. volunteer workers while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or (b) above; or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds,but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred;or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment' registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge,any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with respect to liability arising out of the operation as a named insured does not apply to injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft;or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 • BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily injury" or "property Any person(s)or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its own acts or omissions or those of "bodily injury" or "property damage" arising out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However,this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 • BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf owned by or rented to you;or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 • BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage"to any one premises, while b. Claims made or"suits"brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 • BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How,when and where the"occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses;and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust;or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A.— representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to•include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations;or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land;or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises;or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C.is amended to include as an additional insured the state or political subdivision • shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations"hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor;or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However,this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs(d) provides coverage for "bodily injury" or or(f);or "property damage" included within the (ii) Such inspections, "products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 i • BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured—Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s); or (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement"does not include: products-completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness;or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a.above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means: (1) Goods or products made or sold by you in the territory described in a.above; a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business;or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D.—Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property 8. "Employee" includes a "leased worker". damage"to a third person or organization, provided " juryrty "Employee" does not include a "temporary damage" ts he causedil inlwhole" ori or "propparterty worker". you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or"your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 • BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills;or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage;or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render f.' Vehicles not described in a., b., c., or d. professional services, including those listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm, to perform duties related to the conduct of will be considered"autos": your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a"temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing;or aircraft,watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft,watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto"to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment"means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury"means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage"arising out of: privacy; (1) The transportation of property, unless f. Copying, in your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea"or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage"means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product"or"your work"except: "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit"includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent;or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker"means a person who: • a. Is not your"employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of"your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product";and Page 24 of 24 Form SS 00 08 04 05 COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. -WHO IS AN INSURED -of partnership or joint venture,formed as a Section II -Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured"under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy,or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an"insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or"property damage"that results by the conduct of an "insured"under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto." Paragraph A.1. -WHO IS AN INSURED -of SECTION II - LIABILITY COVERAGE is amended to add: ©2011,The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 1 of 5 • The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also Ifyou have agreed in a written contract primary, we will share with all that other g insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this The Limits of Insurance shown in insurance is primary and we will not (b) seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs(3) and (4)do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any,that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION Ill - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto"at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability oWe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges;excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow,subject to the following limit. returned by the lessor, costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or "auto"is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss"caused g, ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS -of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to "accident", if it results from anyou are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered"auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered"auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1)and(2)above;or ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the an"accident"applies only when the"accident"is time of"loss",is: known to: (1)Permanently installed in or upon (1) You, if you are an individual; the covered "auto" in a housing, opening or other location that is not (2) A partner,if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2)Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment;or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered"auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE-of SECTION territory with respect to Liability Coverage is anywhere in the world provided that if the III - PHYSICAL DAMAGE COVERAGE, we will "insured's"responsibility to pay damages for pay for the expense of returning a stolen covered "auto"to you. "bodily injury" or property damage" is determined in a"suit,"the suit,� is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by Ill - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as ah auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to move the auto but does not include autos "Bodily injury" means bodily injury, sickness or disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDRION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric 9 P motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an"auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the"auto", In the event of a total loss to a"non-hybrid"auto we will pay up to$1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto"at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid"auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ®2011,The Hartford(Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc.,with its permission.) Page 5 of 5 T 0 ■ m w a 0 0 o 0 0 :Y o 0 0 0 o n -a. , 4* , ,..,. ,N .. A 4. 3+ 1. f. 1- 4. 4- 1. f. 4. rt --MM:.. 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N 6--, , . § ti ° 2.•t1 tri() 4 ,,,,,, ,'4.' . . ,..,.. ,., . - • 0, , 0 ,-, 2 , I1 ,-, - -..... •,,,„, ,.. •-, , r,,.? •ri n •' w ••• 0 *., rri 3 c I' z co * St 4'..1 1.I dip I t.1 .7, p 4 '5 I I co . . 2 A 7;1 c ..3 9. 0 .... ; b d 1r a. K r-1 , 7 . , ,-r•. — rt. CO g 0 0 g' P- If i! 8 :2 bq < 7. '' ' 7 , - , ag,,,,tc.,711-,r*: ) 1 SARGENG-01DDRAPER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/12/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 PRODUCER NAME: The Dalles Office PHONEFAX (541) 296-2268(541) 296-9427 (A/C, No, Ext):(A/C, No): PayneWest Insurance, Inc. E-MAIL P.O. Box 1940 ADDRESS: The Dalles, OR 97058 INSURER(S) AFFORDING COVERAGENAIC # Hartford Casualty Insurance Co29424 INSURER A : Hartford Insurance Co of INSURED INSURER B : U.S. Specialty Insurance Co Sargent Engineers, Inc INSURER C : 320 Ronlee Lane NW INSURER D : Olympia, WA 98502 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 1,000,000 DAMAGE TO RENTED X 52SBAVW718502/21/201702/21/2018 CLAIMS-MADEOCCUR X $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) X 52UECIV408202/21/201702/21/2018 X ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 2,000,000 XX UMBRELLA LIAB OCCUR EACH OCCURRENCE$ 52SBAVW718502/21/201702/21/2018 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ B PEROTH- X WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 52WECZO809405/01/201605/01/2017 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ C Professional LiabUSS162695608/16/201608/16/2017 Each Claim2,000,000 C Professional LiabUSS162695608/16/201608/16/2017 Aggregate2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) NOTE: Workers Comp coverage is NOT for State of Washington; it is for Other States Project: A2016-17 On-Call Bridge & Structural Consulting Services City of Spokane Valley is an additional insured on the General and Automobile Liability with respect to the work performed for the City under written contract pursuant to the attached endorsements SS 00 08 04 05 & HA 99 16 03 12. This insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultant’s insurance and shall not contribute with it where required by written contract pursuant to the attached endorsements SS 00 08 04 05 & HA 99 16 03 12. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave., Ste 106 Spokane, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM FormSS 0008 0405 © 2005, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning onPage A.COVERAGES 1 1 Business Liability 2 Medical Expenses 2 CoverageExtension -SupplementaryPayments B.EXCLUSIONS 3 C.WHO IS AN INSURED 10 D.LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1.15 Bankruptcy 2.15 DutiesInTheEventOf Occurrence,Offense,ClaimOrSuit 3.16 FinancialResponsibilityLaws 4.16 Legal ActionAgainst Us 5.16 SeparationOf Insureds 6.16 Representations 7.16 OtherInsurance 8.17 TransferOf RightsOf RecoveryAgainst OthersToUs F.OPTIONAL ADDITIONAL INSURED COVERAGES 18 18 AdditionalInsureds G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 FormSS 0008 0405 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Readtheentire policycarefullytodeterminerights,duties andwhat is andisnotcovered. Throughoutthispolicythewords"you"and"your"refertotheNamedInsuredshownintheDeclarations.Thewords "we", "us"and "our"refertothestockinsurancecompanymember of The Hartfordproviding thisinsurance. C Theword "insured" means anyperson ororganizationqualifying assuch underSection . -WhoIsAn Insured. G Otherwordsandphrasesthatappearinquotationmarkshavespecialmeaning.RefertoSection.-LiabilityAnd Medical ExpensesDefinitions. (a) A.COVERAGES The"bodilyinjury"or"property damage"iscausedbyan 1.BUSINESSLIABILITYCOVERAGE(BODILY "occurrence"thattakesplaceinthe INJURY,PROPERTYDAMAGE,PERSONAL "coverageterritory"; ANDADVERTISING INJURY) (b) The"bodilyinjury"or"property InsuringAgreement damage"occursduringthepolicy a. Wewillpaythosesumsthattheinsured period; and becomeslegallyobligatedtopayas (c) Priortothepolicyperiod,noinsured damagesbecauseof"bodilyinjury", 1. listedunderParagraphofSection "propertydamage"or"personaland C. –WhoIsAnInsuredandno advertisinginjury"towhichthisinsurance "employee"authorized byyoutogive applies.Wewillhavetherightanddutyto orreceivenoticeofan"occurrence" defendtheinsuredagainstany"suit" orclaim, knewthat the"bodilyinjury" seekingthosedamages.However,wewill or"propertydamage"hadoccurred, havenodutytodefendtheinsuredagainst inwholeorinpart.Ifsuchalisted any"suit"seekingdamagesfor"bodily insuredorauthorized"employee" injury","propertydamage"or"personaland knew,priortothepolicyperiod,that advertisinginjury"towhichthisinsurance the"bodilyinjury"or"property doesnotapply. damage"occurred,thenany Wemay,atourdiscretion,investigateany continuation,changeorresumption "occurrence"or offenseand settle anyclaim ofsuch"bodilyinjury"or"property or"suit" thatmayresult. But: damage"duringorafterthepolicy periodwillbedeemedtohavebeen (1) Theamountwewillpayfordamagesis knownpriortothepolicyperiod. D. limitedasdescribedinSection- (2) To"personalandadvertisinginjury" LiabilityAndMedicalExpensesLimits caused byan offensearising out of your OfInsurance; and business,butonlyiftheoffensewas (2) Ourrightanddutytodefendendswhen committedinthe"coverageterritory" wehaveuseduptheapplicablelimitof during the policyperiod. insuranceinthepaymentofjudgments, c. "Bodilyinjury"or"propertydamage"willbe settlementsormedicalexpensestowhich deemedtohavebeenknowntohave thisinsuranceapplies. occurredattheearliesttimewhenany Nootherobligationorliabilitytopaysumsor 1. insuredlisted underParagraph of Section performactsorservicesiscoveredunless C. –WhoIsAnInsuredorany"employee" explicitlyprovidedforunderCoverage authorizedbyyoutogiveorreceivenotice Extension-SupplementaryPayments. of an"occurrence" orclaim: b. Thisinsuranceapplies: (1) Reportsall,oranypart,ofthe"bodily (1) To"bodilyinjury"and"property injury"or"propertydamage"tousor damage" only if: anyotherinsurer; FormSS 0008 0405Page 1of24 © 2005,TheHartford BUSINESS LIABILITYCOVERAGE FORM (2)b. ReceivesawrittenorverbaldemandorWewillmakethesepaymentsregardlessof claimfordamagesbecauseofthe"bodilyfault.Thesepaymentswillnotexceedthe injury"or"propertydamage";orapplicablelimitofinsurance.Wewillpay reasonable expensesfor: (3) Becomesawarebyanyothermeansthat (1) "bodilyinjury"or"propertydamage"hasFirstaidadministeredatthetimeofan occurredorhasbeguntooccur.accident; d.(2) Damagesbecauseof"bodilyinjury"include Necessarymedical,surgical,x-rayand damagesclaimedbyanypersonor dentalservices,includingprosthetic organizationforcare,lossofservicesordevices;and deathresultingatanytimefromthe"bodily (3) Necessaryambulance,hospital, injury". professionalnursingandfuneral e.IncidentalMedical Malpractice services. (1) "Bodilyinjury"arisingoutofthe 3.COVERAGEEXTENSION- renderingoforfailuretorender SUPPLEMENTARY PAYMENTS professionalhealthcareservicesasa a. Wewillpay,withrespecttoanyclaimor physician,dentist,nurse,emergency "suit"weinvestigateorsettle,orany"suit" medicaltechnicianorparamedicshall againstan insured wedefend: bedeemedtobecausedbyan (1) Allexpenses weincur. "occurrence", but only if: (2) Upto$1,000forthecostofbailbonds (a) Thephysician,dentist,nurse, requiredbecauseofaccidentsortraffic emergencymedicaltechnicianor lawviolationsarisingoutoftheuseof paramedicisemployedbyyouto anyvehicletowhichBusinessLiability provide suchservices; and Coveragefor"bodily injury"applies. We (b) Youarenotengagedinthe donothave to furnishthesebonds. businessoroccupationofproviding (3) Thecostofappealbondsorbondsto suchservices. releaseattachments,butonlyforbond (2) Forthepurposeofdeterminingthe amountswithintheapplicablelimitof limitsofinsurancefor incidentalmedical insurance.Wedonothavetofurnish malpractice,anyactoromission these bonds. togetherwithallrelatedactsor (4) All reasonable expenses incurred by the omissionsinthefurnishingofthese insuredatour request to assist us in the servicestoanyonepersonwillbe investigationordefenseoftheclaimor considered one"occurrence". "suit",includingactuallossofearnings 2.MEDICAL EXPENSES upto$500adaybecauseoftimeoff InsuringAgreement fromwork. a. Wewillpaymedicalexpensesasdescribed (5) Allcoststaxedagainsttheinsuredin belowfor"bodilyinjury"causedbyan the "suit". accident: (6) Prejudgmentinterestawardedagainst (1) On premisesyou ownor rent; theinsuredonthatpartofthejudgment wepay.Ifwemakeanoffertopaythe (2) Onwaysnexttopremisesyouownor applicablelimitofinsurance,wewillnot rent;or payanyprejudgmentinterestbasedon (3) Becauseofyour operations; that period of time aftertheoffer. provided that: (7) Allinterestonthefullamountofany (1) Theaccidenttakesplaceinthe judgmentthataccruesafterentryofthe "coverageterritory"andduringthe judgmentandbeforewehavepaid, policyperiod; offeredtopay,ordepositedincourtthe partofthejudgmentthatiswithinthe (2) The expenses are incurredand reported applicable limit of insurance. touswithinthreeyearsofthedateof the accident; and (1)(7) Anyamountspaidunderthrough abovewillnotreduce the limits of insurance. (3) Theinjuredpersonsubmitsto examination,atourexpense,by physiciansofourchoiceasoftenaswe reasonably require. Page 2of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM b. Ifwedefendaninsuredagainsta"suit" Solongastheaboveconditionsaremet, andanindemniteeoftheinsuredisalso attorneys'feesincurredbyusinthe namedasapartytothe"suit",wewill defenseofthatindemnitee,necessary defendthatindemniteeifallofthe litigationexpensesincurredbyusand followingconditionsare met:necessarylitigationexpensesincurred bytheindemniteeatourrequestwillbe (1) The"suit"againsttheindemnitee paidasSupplementaryPayments. seeksdamagesforwhichtheinsured hasassumedtheliabilityofthe Notwithstandingtheprovisionsof 1.b.(b)B. indemniteeinacontractoragreement ParagraphofSection– thatisan "insured contract";Exclusions,suchpaymentswillnotbe deemedtobedamagesfor"bodily (2) Thisinsuranceappliestosuchliability injury"and"propertydamage"andwill assumed bytheinsured; not reducetheLimits of Insurance. (3) Theobligation to defend, or the cost of Ourobligationtodefendaninsured's thedefenseof,thatindemnitee,has indemniteeandtopayforattorneys'fees alsobeenassumedbytheinsuredin andnecessarylitigationexpensesas the same "insured contract"; Supplementary Paymentsends when: (4) Theallegationsinthe"suit"andthe (1) Wehaveuseduptheapplicablelimit informationweknowaboutthe ofinsuranceinthepaymentof "occurrence"aresuchthatnoconflict judgments orsettlements; or appearstoexistbetweentheinterests (2) oftheinsuredandtheinterestofthe Theconditionssetforthabove,orthe indemnitee;termsoftheagreementdescribedin (6) Paragraphabove,arenolongermet. (5) Theindemniteeandtheinsuredask B.EXCLUSIONS ustoconductandcontrolthedefense ofthatindemniteeagainstsuch"suit" 1.ApplicableTo Business LiabilityCoverage andagreethatwecanassignthe Thisinsurancedoes not apply to: samecounseltodefendtheinsured andtheindemnitee;and a.ExpectedOrIntendedInjury (6) The indemnitee: (1) "Bodilyinjury"or"propertydamage" expectedorintendedfromthe (a) Agreesinwritingto: standpointoftheinsured.This (i) Cooperatewithusinthe exclusiondoesnotapplyto"bodily investigation,settlementor injury"or"propertydamage"resulting defense of the "suit"; fromtheuseofreasonableforceto (ii) Immediately sendus copies of protectpersons orproperty; or anydemands,notices, (2) "Personalandadvertisinginjury"arising summonsesorlegalpapers outofanoffensecommittedby,atthe receivedinconnectionwith directionoforwiththeconsentor the "suit"; acquiescenceoftheinsuredwiththe (iii) Notify any otherinsurerwhose expectationofinflicting"personaland coverageisavailabletothe advertisinginjury". indemnitee; and b.ContractualLiability (iv) Cooperatewithuswith (1) "Bodilyinjury"or"propertydamage";or respecttocoordinatingother (2) "Personal andadvertisinginjury" applicableinsuranceavailable to the indemnitee; and forwhichtheinsuredisobligatedtopay damagesbyreasonoftheassumptionof (b) Providesuswithwritten liabilityina contractor agreement. authorizationto: Thisexclusiondoesnotapplytoliability (i) Obtainrecordsandother for damages becauseof: informationrelatedtothe "suit"; and (a) "Bodilyinjury","propertydamage"or "personalandadvertisinginjury"that (ii) Conductandcontrolthe theinsuredwouldhaveinthe defenseoftheindemniteein absenceofthecontractor such"suit". agreement;or FormSS 0008 0405Page 3of24 BUSINESS LIABILITYCOVERAGE FORM (b)(b) "Bodilyinjury"or"propertydamage"Performingdutiesrelatedtothe assumed in a contract oragreementconductoftheinsured’sbusiness,or thatisan"insuredcontract", (2) Thespouse,child,parent,brotheror providedthe"bodilyinjury"or sisterofthat"employee"asa "propertydamage"occurs (1) consequenceofabove. subsequenttotheexecutionofthe Thisexclusion applies: contractoragreement.Solelyfor (1) Whethertheinsuredmaybeliableas thepurposeofliabilityassumedin anemployerorinanyothercapacity; an"insuredcontract",reasonable and attorneys'feesandnecessary litigation expenses incurred by or for(2) Toanyobligationtosharedamages apartyotherthananinsuredare withorrepaysomeoneelsewhomust deemedtobedamagesbecauseof paydamagesbecause of the injury. "bodilyinjury"or"propertydamage" Thisexclusiondoesnotapplytoliability provided: assumedbytheinsuredunderan"insured (i) Liabilitytosuchpartyfor,orfor contract". thecostof,thatparty’sdefense f.Pollution hasalsobeenassumedinthe (1) "Bodilyinjury","propertydamage"or same"insuredcontract",and "personalandadvertisinginjury" (ii) Suchattorneys'feesand arisingoutoftheactual,allegedor litigationexpensesarefor threateneddischarge,dispersal, defenseofthat party against a seepage,migration,releaseorescape civiloralternativedispute of "pollutants": resolutionproceedinginwhich (a) Atorfromanypremises,siteor damagestowhichthis locationwhichisorwasatany insurance appliesare alleged. timeownedoroccupiedby,or c.Liquor Liability rentedorloanedtoanyinsured. "Bodilyinjury"or"propertydamage"for However,thissubparagraphdoes whichanyinsuredmaybeheldliableby not apply to: reasonof: (i) "Bodilyinjury"ifsustainedwithin (1) Causingorcontributingtothe abuildingandcausedby intoxicationofany person; smoke,fumes,vapororsoot producedbyororiginatingfrom (2) Thefurnishingofalcoholicbeveragesto equipmentthatisusedtoheat, apersonunderthelegaldrinkingageor coolordehumidifythebuilding, undertheinfluenceofalcohol;or orequipmentthatisusedto (3) Anystatute,ordinanceorregulation heatwaterforpersonaluse,by relatingtothesale,gift,distributionor thebuilding'soccupantsortheir useofalcoholicbeverages. guests; Thisexclusionappliesonlyifyouareinthe (ii) "Bodilyinjury"or"property businessofmanufacturing,distributing, damage"forwhichyoumaybe selling,servingorfurnishingalcoholic heldliable,ifyouarea beverages. contractorandtheowneror d.Workers'CompensationAndSimilar lesseeofsuchpremises,site or Laws location hasbeenaddedtoyour Anyobligationoftheinsuredundera policyasanadditionalinsured workers'compensation,disabilitybenefits withrespecttoyourongoing orunemploymentcompensationlawor operationsperformedforthat anysimilar law. additionalinsuredatthat premises,siteorlocationand e.Employer’sLiability suchpremises,siteorlocation "Bodilyinjury" to: isnotandneverwasownedor (1) An"employee"oftheinsuredarising occupiedby,orrentedor out of andinthecourse of: loanedto,anyinsured,other (a) Employmentby the insured;or thanthatadditionalinsured;or Page 4of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (iii) "Bodilyinjury"or"property releasedaspartofthe damage"arisingoutofheat, operationsbeingperformed smokeorfumesfroma bysuchinsured,contractoror "hostile fire";subcontractor; (b)(ii) Atorfromanypremises,siteor "Bodilyinjury"or"property locationwhichisorwasatanydamage"sustainedwithina timeusedbyorforanyinsuredor buildingandcausedbythe othersforthehandling,storage, releaseofgases,fumesor disposal,processingortreatment vaporsfrommaterialsbrought of waste;intothatbuildinginconnection withoperationsbeingperformed (c) Whichareorwereatanytime byyouoronyourbehalfbya transported,handled,stored, contractororsubcontractor;or treated,disposedof,orprocessed (iii) aswasteby orfor:"Bodilyinjury"or"property damage"arisingoutofheat, (i) Anyinsured; or smokeorfumesfroma (ii) Anypersonororganizationfor "hostile fire"; or whomyoumaybelegally (e) Atorfromanypremises,siteor responsible; locationonwhichanyinsuredorany (d) Atorfromanypremises,siteor contractorsorsubcontractors locationonwhichanyinsuredor workingdirectlyorindirectlyonany anycontractorsorsubcontractors insured’sbehalfareperforming workingdirectlyorindirectlyon operationsiftheoperationsareto anyinsured'sbehalfare testfor,monitor,cleanup,remove, performingoperationsifthe contain,treat,detoxifyorneutralize, "pollutants"arebroughtonorto orinanywayrespondto,orassess thepremises,siteorlocationin theeffectsof,"pollutants". connectionwithsuchoperations (2) Anyloss,costorexpensearisingout bysuchinsured,contractoror of any: subcontractor.However,this (a) subparagraphdoes not apply to:Request, demand, order or statutory orregulatoryrequirementthatany (i) "Bodilyinjury"or"property insuredorotherstestfor,monitor, damage"arisingoutofthe cleanup,remove,contain,treat, escapeoffuels,lubricantsor detoxifyorneutralize,orinanyway other operating fluidswhichare respondto,orassesstheeffectsof, neededtoperformthenormal "pollutants";or electrical,hydraulicor (b) mechanicalfunctionsClaimorsuitbyoronbehalfofa necessaryfortheoperationofgovernmentalauthorityfor "mobile equipment" or itsparts,damagesbecauseoftestingfor, if such fuels, lubricants orothermonitoring,cleaning up, removing, operatingfluidsescapefromacontaining,treating,detoxifyingor vehiclepartdesignedtohold,neutralizing,orinanyway storeorreceivethem.Thisrespondingto,orassessingthe exceptiondoesnotapplyiftheeffects of,"pollutants". "bodilyinjury"or"property However,thisparagraphdoesnot damage"arisesoutofthe applytoliabilityfordamagesbecause intentionaldischarge,dispersal of"propertydamage"thattheinsured orreleaseofthefuels, wouldhaveintheabsenceofsuch lubricantsorotheroperating request,demand,orderorstatutoryor fluids,orifsuchfuels, regulatoryrequirement,orsuchclaim lubricantsorotheroperating or"suit"byoronbehalfofa fluidsarebroughtonortothe governmental authority. premises,siteorlocationwith theintentthattheybe discharged,dispersedor FormSS 0008 0405Page 5of24 BUSINESS LIABILITYCOVERAGE FORM g.Aircraft,AutoOrWatercraft(2) Theuseof"mobileequipment"in,or whileinpracticeorpreparationfor,a "Bodilyinjury"or"propertydamage"arising prearrangedracing,speedor outoftheownership,maintenance,useor demolitioncontestorinanystunting entrustmenttoothersofanyaircraft,"auto" activity. or watercraft owned or operated by or rented i.War orloanedtoanyinsured.Useincludes operationand"loadingorunloading". "Bodilyinjury","propertydamage"or Thisexclusionapplieseveniftheclaims "personalandadvertisinginjury",however againstanyinsuredallegenegligenceor caused,arising,directlyorindirectly,outof: otherwrongdoinginthesupervision,hiring, (1) War,includingundeclaredor civil war; employment,trainingormonitoringofothers (2) Warlikeactionbyamilitaryforce, bythatinsured,ifthe"occurrence"which includingactioninhinderingor causedthe"bodilyinjury"or"property defendingagainstanactualor damage"involvedtheownership, expectedattack,byanygovernment, maintenance,use orentrustmenttoothersof sovereignorotherauthorityusing anyaircraft,"auto"orwatercraftthatis military personnel orotheragents; or ownedoroperatedbyorrentedorloanedto (3) Insurrection,rebellion,revolution, anyinsured. usurpedpower,oractiontakenby Thisexclusion doesnotapplyto: governmentalauthorityinhinderingor (1) Awatercraftwhileashoreonpremises defendingagainst anyofthese. youown orrent; j.Professional Services (2) Awatercraftyou donotown thatis: "Bodilyinjury","propertydamage"or (a) Lessthan51 feetlong; and "personalandadvertisinginjury"arising outoftherenderingoforfailuretorender (b) Notbeingusedtocarrypersons anyprofessionalservice.Thisincludes for acharge; but is not limited to: (3) Parkingan"auto"on,orontheways (1) Legal,accountingoradvertising nextto,premisesyouownorrent, services; providedthe"auto"isnotownedbyor rented orloanedtoyou ortheinsured; (2) Preparing,approving,orfailingto prepareorapprovemaps,shop (4) Liabilityassumedunderany"insured drawings,opinions,reports,surveys, contract"fortheownership, fieldorders,changeorders,designsor maintenanceoruseofaircraftor drawingsandspecifications; watercraft; (3) Supervisory,inspection,architectural (5) "Bodilyinjury"or"propertydamage" orengineering activities; arisingoutoftheoperationofanyof f.(2) theequipmentlisted in Paragraph (4) Medical,surgical,dental,x-rayor f.(3) orofthedefinitionof"mobile nursingservicestreatment,adviceor equipment";or instruction; (6) Anaircraftthatisnotownedbyany (5) Anyhealthortherapeuticservice insured and is hired,charteredor loaned treatment, advice orinstruction; withapaidcrew.However,this (6) Anyservice,treatment,adviceor exceptiondoesnotapplyiftheinsured instructionforthepurposeof hasanyotherinsurancefor such"bodily appearance orskinenhancement,hair injury"or"propertydamage",whether removalorreplacementorpersonal theotherinsuranceisprimary,excess, grooming; contingentoronanyotherbasis. (7) Opticalorhearingaidservices h.Mobile Equipment includingtheprescribing,preparation, "Bodilyinjury"or"propertydamage" fitting,demonstrationordistributionof arisingoutof: ophthalmiclensesandsimilar products orhearingaiddevices; (1) Thetransportationof"mobileequipment" byan"auto"ownedoroperatedbyor rentedorloanedtoanyinsured;or Page 6of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (8)(1)(3)(4) OptometryoroptometricservicesParagraphs,andofthis includingbutnotlimitedtoexaminationexclusiondonotapplyto"property oftheeyesandtheprescribing,damage"(otherthandamagebyfire)to preparation,fitting,demonstrationorpremises,includingthecontentsofsuch distributionofophthalmiclensesandpremises, rented to you for a period of 7or similarproducts;fewerconsecutivedays.AseparateLimit ofInsuranceappliestoDamageTo (9) Any: PremisesRentedToYouasdescribedin (a) Bodypiercing(notincludingear D. Section-Limits OfInsurance. piercing); (2) Paragraphofthisexclusiondoesnot (b) Tattooing,includingbutnotlimited applyifthepremisesare"yourwork"and totheinsertionofpigmentsintoor wereneveroccupied,rentedorheldfor undertheskin; and rentalby you. (c) Similarservices; (3) (4) Paragraphs andofthis exclusiondo (10) Servicesinthepracticeofpharmacy; not apply to the useofelevators. and (3)(4)(5)(6) Paragraphs,,andofthis (11) Computerconsulting,designor exclusiondonotapplytoliabilityassumed programmingservices,includingweb undera sidetrackagreement. sitedesign. (3)(4) Paragraphs and ofthis exclusiondo (4)(5) Paragraphs and ofthis exclusiondo notapplyto"propertydamage"to notapplytotheIncidentalMedical borrowedequipmentwhilenotbeingused Malpracticecoverageaffordedunder to performoperations at ajobsite. 1.e.A. ParagraphinSection -Coverages. (6) Paragraphofthisexclusiondoesnot k.Damage ToProperty applyto"propertydamage" includedinthe "products-completed operationshazard". "Property damage" to: l.Damage ToYour Product (1) Propertyyouown,rentoroccupy, includinganycostsorexpenses "Propertydamage"to"yourproduct" incurredbyyou,oranyotherperson, arisingoutofit orany part of it. organizationorentity,forrepair, m.Damage ToYour Work replacement,enhancement, "Propertydamage"to"yourwork"arising restorationormaintenanceofsuch out of it or any part ofit andincluded in the propertyforanyreason,including "products-completed operationshazard". preventionofinjurytoapersonor damage to another's property;Thisexclusiondoesnotapplyifthe damagedworkortheworkoutofwhich (2) Premisesyousell,giveawayor thedamageariseswasperformedonyour abandon,ifthe"propertydamage"arises behalfby asubcontractor. outofanypartofthosepremises; n.DamageToImpairedPropertyOr (3) Property loaned to you; PropertyNotPhysically Injured (4) Personalpropertyinthecare,custody "Propertydamage"to"impairedproperty" orcontrol of the insured; orpropertythathasnotbeenphysically (5) Thatparticularpartofrealpropertyon injured, arisingoutof: whichyouoranycontractorsor (1) Adefect,deficiency,inadequacyor subcontractorsworkingdirectlyor dangerousconditionin"yourproduct" indirectlyonyourbehalfareperforming or"your work"; or operations,ifthe"propertydamage" (2) arisesoutofthoseoperations;orAdelayorfailurebyyouoranyone actingonyourbehalftoperforma (6) Thatparticularpartofanyproperty contractoragreementinaccordance thatmustberestored,repairedor withits terms. replacedbecause"yourwork"was incorrectly performedon it.Thisexclusiondoesnotapplytotheloss ofuseofotherpropertyarisingoutof suddenandaccidentalphysicalinjuryto "yourproduct"or"yourwork"afterithas beenputtoits intendeduse. FormSS 0008 0405Page 7of24 BUSINESS LIABILITYCOVERAGE FORM o.RecallOfProducts,WorkOrImpaired (c) Titleofany literary orartistic work; Property (8) Arising out of anoffense committed by Damagesclaimedforanyloss,costor aninsuredwhose business is: (a) expenseincurredbyyouorothersfortheAdvertising,broadcasting, lossofuse,withdrawal,recall,inspection, publishing ortelecasting; repair,replacement,adjustment,removal (b) Designingordeterminingcontent ordisposal of: of websites for others;or (1) "Yourproduct"; (c) AnInternetsearch,access, (2) "Yourwork";or contentor service provider. (3) "Impaired property"; However,thisexclusiondoesnot ifsuchproduct,workorpropertyis a.b.c. applytoParagraphs,and withdrawnorrecalledfromthemarketor underthedefinitionof"personaland fromusebyanypersonororganization G. advertisinginjury"inSection– becauseofaknownorsuspecteddefect, LiabilityAndMedicalExpenses deficiency,inadequacyordangerous Definitions. condition in it. Forthepurposesofthisexclusion, p.Personal AndAdvertisingInjury placingan"advertisement"foror linkingtoothersonyourwebsite,by "Personal andadvertisinginjury": itself,isnotconsideredthebusiness (1) Arising out of oral, written or electronic ofadvertising,broadcasting, publicationofmaterial,ifdonebyorat publishing ortelecasting; thedirectionoftheinsuredwith (9) Arisingoutofanelectronicchatroom knowledge of itsfalsity; orbulletinboardtheinsuredhosts, (2) Arising out of oral, written or electronic owns,oroverwhichtheinsured publicationofmaterialwhosefirst exercises control; publicationtookplacebeforethe (10) Arisingoutoftheunauthorizeduseof beginningofthepolicy period; another's name or product in youre-mail (3) Arisingoutofacriminalactcommitted address,domainnameormetatags,or byor at the direction of the insured; anyothersimilartacticstomislead (4) Arisingoutofanybreachofcontract, another'spotentialcustomers; exceptanimpliedcontracttouse (11) Arisingoutoftheviolationofa another’s"advertisingidea"inyour person'srightofprivacycreatedby "advertisement"; anystate orfederal act. (5) Arisingoutofthefailureofgoods, However,thisexclusiondoesnot productsorservicestoconformwith applytoliabilityfordamagesthatthe anystatementofqualityor insuredwouldhaveintheabsenceof performancemadeinyour suchstate orfederal act; "advertisement"; (12) Arisingoutof: (6) Arisingoutofthewrongdescriptionof (a) An"advertisement"forotherson thepriceofgoods,productsorservices; yourweb site; (7) Arisingoutofanyviolationofany (b) Placingalinktoawebsiteof intellectualpropertyrightssuchas others onyour website; copyright,patent,trademark,trade name,tradesecret,servicemarkor (c) Contentfromawebsiteofothers otherdesignationoforiginor displayedwithinaframeorborder authenticity. onyourwebsite.Contentincludes information,code,sounds,text, However,thisexclusiondoesnot graphicsorimages;or applytoinfringement,inyour "advertisement",of (d) Computercode,softwareor programming usedtoenable: (a) Copyright; (i) Yourweb site; or (b) Slogan,unlessthesloganisalso atrademark,tradename,service (ii) The presentation or functionality markorotherdesignationof origin ofan"advertisement"orother orauthenticity; or contentonyourwebsite; Page 8of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (13)(a) Arisingoutofaviolationofanyanti-Maybeawardedorincurredby trustlaw;reasonofanyclaimorsuit alleging actual or threatened injury (14) Arising out of the fluctuation in price or or damage of any nature or kind to valueofanystocks,bondsorother personsorpropertywhichwould securities; or nothaveoccurredinwholeorin (15) Arisingoutofdiscriminationor part but for the "asbestos hazard"; humiliationcommittedbyoratthe (b) Ariseoutofanyrequest,demand, directionofany"executiveofficer", orderorstatutoryorregulatory director,stockholder,partneror requirementthatanyinsuredor memberoftheinsured. otherstestfor,monitor,cleanup, q.ElectronicData remove,encapsulate,contain, Damagesarisingoutofthelossof,lossof treat,detoxifyorneutralizeorin useof,damageto,corruptionof,inability anywayrespondtoorassessthe toaccess,orinabilitytomanipulate effects of an"asbestos hazard"; or "electronicdata". (c) Ariseoutofanyclaimorsuitfor r.Employment-RelatedPractices damagesbecauseoftestingfor, monitoring,cleaningup,removing, "Bodily injury"or "personal and advertising encapsulating,containing,treating, injury"to: detoxifyingorneutralizingorinany (1) Aperson arisingoutofany: wayrespondingtoorassessingthe (a) Refusaltoemploy thatperson; effectsofan"asbestoshazard". (b) Terminationofthatperson's t.ViolationOfStatutesThatGovernE- employment; or Mails,Fax,PhoneCallsOrOther MethodsOfSendingMaterialOr (c) Employment-relatedpractices, Information policies,actsoromissions,suchas coercion,demotion,evaluation, "Bodilyinjury","propertydamage",or reassignment,discipline, "personalandadvertisinginjury"arising defamation,harassment,humiliation directlyorindirectlyoutofanyactionor ordiscriminationdirectedatthat omissionthatviolatesorisallegedto person;or violate: (2) Thespouse,child,parent,brotheror (1) TheTelephoneConsumerProtection sisterofthatpersonasa Act(TCPA),including anyamendment consequenceof"bodilyinjury"or of oradditiontosuch law; "personaland advertising injury" to the (2) TheCAN-SPAM Act of 2003, including personatwhomanyofthe anyamendmentoforadditiontosuch employment-relatedpractices law;or (a)(b)(c) described in Paragraphs,,or (3) Anystatute,ordinanceorregulation, aboveisdirected. otherthantheTCPAorCAN-SPAMAct Thisexclusion applies: of2003,thatprohibitsorlimitsthe (1) Whethertheinsuredmaybeliableas sending,transmitting,communicatingor anemployerorinanyothercapacity; distributionofmaterialorinformation. and DamageToPremisesRentedToYou– (2) Toanyobligationtosharedamages ExceptionForDamageByFire,Lightning withorrepaysomeoneelsewhomust or Explosion paydamagesbecause of the injury. c.h.k.o. Exclusionsthroughandthroughdo s.Asbestos notapplytodamagebyfire,lightningor explosiontopremisesrentedtoyouor (1) "Bodilyinjury","propertydamage"or temporarilyoccupiedby youwith permission of "personalandadvertisinginjury" theowner.AseparateLimitofInsurance arisingoutofthe"asbestoshazard". appliestothiscoverageasdescribedin (2) Anydamages,judgments,settlements, D. Section-LiabilityAndMedicalExpenses loss,costsorexpensesthat: LimitsOf Insurance. FormSS 0008 0405Page 9of24 BUSINESS LIABILITYCOVERAGE FORM 2.ApplicableTo MedicalExpenses Coveragee. Atrust,youareaninsured.Yourtrustees arealsoinsureds,butonlywithrespectto We will not payexpenses for "bodilyinjury": theirduties astrustees. a.Any Insured 2. Eachofthefollowing is also aninsured: Toanyinsured,except"volunteerworkers". a.Employees AndVolunteer Workers b.HiredPerson Your"volunteerworkers"onlywhile To a person hired to do work foror onbehalf performingdutiesrelatedtotheconductof ofanyinsuredoratenantofanyinsured. yourbusiness,oryour"employees",other c.InjuryOn Normally Occupied Premises thaneitheryour"executiveofficers"(ifyou Toapersoninjuredonthatpartof areanorganizationotherthana premisesyouownorrentthattheperson partnership,jointventureorlimitedliability normally occupies. company)oryourmanagers(ifyouarea limitedliabilitycompany),butonlyforacts d.Workers'CompensationAndSimilar withinthescopeoftheiremploymentby Laws youorwhileperformingdutiesrelatedto Toaperson,whetherornotan the conduct of yourbusiness. "employee"ofanyinsured,ifbenefitsfor However,noneofthese"employees"or the"bodilyinjury"arepayableormustbe "volunteerworkers" areinsuredsfor: providedunderaworkers'compensation ordisability benefits law ora similarlaw. (1) "Bodilyinjury"or"personaland advertising injury": e.Athletics Activities (a) Toyou,toyourpartnersor Toapersoninjuredwhilepracticing, members(ifyouareapartnership instructingorparticipatinginanyphysical orjointventure),toyourmembers exercisesorgames,sportsorathletic (ifyouarealimitedliability contests. company),ortoaco-"employee" f.Products-CompletedOperationsHazard whileinthecourseofhisorher Includedwiththe"products-completed employmentorperformingduties operationshazard". relatedtotheconductofyour business,ortoyourother g.Business LiabilityExclusions "volunteerworkers"while ExcludedunderBusinessLiabilityCoverage. performingdutiesrelatedtothe C.WHO IS AN INSURED conduct of yourbusiness; 1. Ifyou aredesignated in the Declarations as: (b) Tothespouse,child,parent, brotherorsisterofthatco- a. Anindividual,youandyourspouseare "employee"orthat"volunteer insureds,butonlywithrespecttothe worker"asaconsequenceof conduct of a business of which youare the (1)(a) Paragraphabove; sole owner. (c) Forwhichthereisanyobligation b. Apartnershiporjointventure,youarean tosharedamageswithorrepay insured.Yourmembers,yourpartners,and someoneelsewhomustpay theirspousesarealsoinsureds,butonlywith damagesbecauseoftheinjury respecttotheconductofyourbusiness. (1)(a) describedinParagraphsor c. Alimitedliabilitycompany,youarean (b) above; or insured.Yourmembersarealsoinsureds, (d) Arisingoutofhisorherproviding butonlywithrespecttotheconductofyour orfailingtoprovideprofessional business.Yourmanagersareinsureds,but healthcare services. onlywithrespecttotheirdutiesasyour managers. Ifyouarenotinthebusinessof providingprofessionalhealthcare d. Anorganizationotherthanapartnership, (d) services,Paragraphdoesnotapply jointventureorlimitedliabilitycompany,you toanynurse,emergencymedical areaninsured.Your"executiveofficers"and technicianorparamedicemployedby directorsareinsureds,butonlywithrespect youtoprovidesuchservices. totheirdutiesasyourofficersordirectors. Yourstockholdersarealsoinsureds,butonly (2) "Property damage" to property: withrespecttotheirliabilityasstockholders. (a) Owned,occupiedor usedby, Page 10of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (b)b. Rentedto,inthecare,custodyor Coverageunderthisprovisiondoesnot controlof,oroverwhichphysical apply to: controlisbeingexercisedforany (1) "Bodilyinjury"or"propertydamage" purposebyyou,anyofyour thatoccurred;or "employees","volunteerworkers", (2) "Personalandadvertisinginjury" anypartnerormember(ifyouare arisingoutofan offensecommitted apartnershiporjointventure),or beforeyouacquiredorformedthe anymember(ifyouarealimited organization. liabilitycompany). 4.Operator Of Mobile Equipment b.Real EstateManager Withrespectto"mobileequipment"registeredin Any person (other than your "employee"or yournameunderanymotorvehicleregistration "volunteerworker"),oranyorganization law,anypersonisaninsuredwhiledrivingsuch whileacting asyour real estatemanager. equipmentalongapublichighwaywithyour c.TemporaryCustodiansOfYour permission.Anyotherpersonororganization Property responsiblefortheconductofsuchpersonis Anypersonororganizationhavingproper alsoaninsured,butonlywithrespecttoliability temporarycustodyofyourpropertyifyou arising out oftheoperation of the equipment,and die,butonly: onlyifno other insurance of anykindisavailable (1) Withrespecttoliabilityarisingoutofthe tothatpersonororganizationforthisliability. maintenanceoruseofthatproperty;and However, noperson ororganizationisaninsured withrespectto: (2) Untilyourlegalrepresentativehas beenappointed.a. "Bodilyinjury"toaco-"employee"ofthe persondriving the equipment;or d.Legal Representative If YouDie b. "Propertydamage"topropertyownedby, Yourlegalrepresentativeifyoudie,but rentedto,inthechargeoforoccupiedby onlywithrespecttodutiesassuch.That youortheemployerofanypersonwhois representativewillhaveallyourrightsand aninsuredunder thisprovision. dutiesunder thisinsurance. 5.Operator of NonownedWatercraft e.Unnamed Subsidiary Withrespecttowatercraftyoudonotownthat Anysubsidiaryandsubsidiarythereof,of islessthan51feetlongandisnotbeingused yourswhichisa legally incorporatedentity to carry persons for a charge, any personisan ofwhichyouownafinancialinterestof insuredwhileoperatingsuchwatercraftwith morethan50%ofthevotingstockonthe yourpermission.Anyotherpersonor effectivedateofthis CoveragePart. organizationresponsiblefortheconductof Theinsuranceaffordedhereinforany suchpersonisalsoaninsured,butonlywith subsidiarynotshownintheDeclarations respecttoliabilityarisingoutoftheoperation asanamedinsureddoesnotapplyto ofthewatercraft,andonlyifnoother injuryordamagewithrespecttowhichan insuranceofanykindisavailabletothat insuredunderthisinsuranceisalsoan personor organization for thisliability. insuredunderanotherpolicyorwouldbe However,nopersonororganizationisan aninsuredundersuchpolicybutforits insured withrespect to: terminationorupontheexhaustionofits limits of insurance.a. "Bodilyinjury"toaco-"employee"ofthe personoperating the watercraft;or 3.NewlyAcquired Or Formed Organization b. "Propertydamage"topropertyownedby, Anyorganizationyounewlyacquireorform, rentedto,inthechargeoforoccupiedby otherthanapartnership,jointventureor youortheemployerofanypersonwhois limitedliabilitycompany,andoverwhichyou aninsuredunder thisprovision. maintainfinancialinterestof more than 50%of thevotingstock,willqualifyasaNamed 6.AdditionalInsuredsWhenRequiredBy Insuredifthereisnoothersimilarinsurance WrittenContract,WrittenAgreementOr available to thatorganization. However:Permit a. Coverageunderthisprovisionisafforded Theperson(s)ororganization(s)identifiedin onlyuntilthe180thdayafteryouacquire a.f. Paragraphsthroughbelowareadditional orformtheorganizationortheendofthe insuredswhenyouhaveagreed,inawritten policyperiod, whichever is earlier; and FormSS 0008 0405Page 11of24 BUSINESS LIABILITYCOVERAGE FORM (e) contract,writtenagreementorbecauseofa Anyfailuretomakesuch permitissuedbyastateorpolitical inspections,adjustments,testsor subdivision,thatsuchpersonororganization servicingasthevendorhas beaddedasanadditionalinsuredonyouragreedtomakeornormally policy,providedtheinjuryordamageoccurs undertakestomakeintheusual subsequenttotheexecutionofthecontractor courseofbusiness,inconnection agreement, ortheissuanceofthepermit.withthedistributionorsaleofthe products; Apersonororganizationisanadditional (f) Demonstration,installation, insuredunderthisprovisiononlyforthat servicingorrepairoperations, periodoftimerequiredbythecontract, exceptsuchoperationsperformed agreementor permit. atthevendor'spremisesin However,no suchperson or organization is an connectionwiththesaleofthe additionalinsuredunderthisprovisionifsuch product; personororganizationisincludedasan (g) Productswhich,afterdistribution additionalinsuredbyanendorsementissued orsalebyyou,havebeenlabeled byusandmadeapartofthisCoveragePart, orrelabeledorusedasa includingallpersonsororganizationsadded container,partor ingredient of any asadditionalinsuredsunderthespecific otherthingorsubstancebyorfor additionalinsuredcoveragegrantsinSection the vendor; or F. –Optional AdditionalInsuredCoverages. (h) "Bodilyinjury"or"property a.Vendors damage"arisingoutofthesole Anyperson(s)ororganization(s)(referredto negligenceofthevendorforits belowasvendor),butonlywithrespectto ownactsoromissionsorthoseof "bodilyinjury"or"propertydamage"arising itsemployeesoranyoneelse outof"yourproducts"whicharedistributed acting onits behalf. However, this orsoldintheregularcourseofthevendor's exclusiondoes not apply to: businessandonlyifthisCoveragePart (i) Theexceptionscontainedin providescoveragefor"bodilyinjury"or (d)(f) Subparagraphsor ;or "propertydamage"includedwithinthe (ii) "products-completedoperationshazard".Suchinspections,adjustments, testsorservicingasthevendor (1) Theinsuranceaffordedtothevendor has agreed to make or normally issubjecttothefollowingadditional undertakes to make in the usual exclusions: courseofbusiness,in Thisinsurancedoes not apply to: connectionwiththedistribution (a) "Bodilyinjury"or"property orsaleoftheproducts. damage"forwhichthevendoris (2) Thisinsurancedoesnotapplytoany obligatedtopaydamagesby insuredpersonororganizationfrom reasonoftheassumptionof whom you have acquired suchproducts, liability in acontract or agreement. oranyingredient,partorcontainer, Thisexclusiondoesnotapplyto enteringinto,accompanyingor liabilityfordamagesthatthe containingsuchproducts. vendorwouldhaveintheabsence b.LessorsOfEquipment of the contractor agreement; (1) Anypersonororganizationfrom (b) Anyexpresswarranty whomyouleaseequipment;butonly unauthorizedby you; withrespecttotheirliabilityfor"bodily (c) Anyphysicalorchemicalchange injury","propertydamage"or intheproductmadeintentionally "personalandadvertisinginjury" bythevendor; caused,inwholeorinpart,byyour (d) Repackaging,exceptwhen maintenance,operationoruseof unpackedsolelyforthepurposeof equipmentleasedtoyoubysuch inspection,demonstration,testing, personor organization. orthesubstitutionofpartsunder instructionsfromthemanufacturer, andthenrepackagedinthe original container; Page 12of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (2)e.PermitsIssuedByStateOrPolitical Withrespecttotheinsuranceafforded Subdivisions totheseadditionalinsureds,this insurancedoesnotapplytoany (1) Anystateorpoliticalsubdivision,but "occurrence"whichtakesplaceafter onlywithrespecttooperations youcease to lease thatequipment. performed byyou oron yourbehalf for c.LessorsOfLandOrPremises whichthestateorpoliticalsubdivision hasissueda permit. (1) Anypersonororganizationfrom (2) whomyouleaselandorpremises,but Withrespecttotheinsuranceafforded onlywithrespecttoliabilityarisingout totheseadditionalinsureds,this oftheownership,maintenanceoruse insurance doesnotapplyto: ofthatpartofthelandorpremises (a) "Bodilyinjury","propertydamage" leased to you. or"personalandadvertising (2) Withrespecttotheinsuranceafforded injury"arisingoutofoperations totheseadditionalinsureds,this performedforthestateor insurance doesnotapplyto:municipality; or (a)(b) Any"occurrence"whichtakes "Bodilyinjury"or"propertydamage" placeafter youcease to lease that includedwithinthe"products- landorbeatenantinthat completedoperationshazard". premises; or f.Any OtherParty (b) Structuralalterations,new (1) Anyotherpersonororganizationwho constructionordemolition a. isnotaninsuredunderParagraphs operationsperformedbyoron e through.above,butonlywith behalfofsuchpersonor respecttoliabilityfor"bodilyinjury", organization. "propertydamage"or"personaland d.Architects, EngineersOrSurveyors advertisinginjury"caused,inwholeor inpart,byyouractsoromissionsor (1) Anyarchitect,engineer,orsurveyor,but theactsoromissionsofthoseacting onlywithrespecttoliabilityfor"bodily onyour behalf: injury","propertydamage"or"personal (a) andadvertisinginjury"caused,inwholeIntheperformanceofyour orinpart,byyouractsoromissionsorongoing operations; theactsoromissionsofthoseactingon (b) Inconnectionwithyourpremises yourbehalf: ownedby orrentedtoyou;or (a) Inconnectionwithyourpremises; (c) In connection with "your work" and or includedwithinthe"products- (b) Intheperformanceofyourcompletedoperationshazard",but ongoingoperationsperformedby only if youor onyour behalf. (i) Thewrittencontractorwritten (2) Withrespecttotheinsuranceafforded agreementrequiresyouto totheseadditionalinsureds,theprovidesuchcoverageto followingadditional exclusionapplies:suchadditional insured;and (ii) Thisinsurancedoesnotapplyto ThisCoveragePartprovides "bodilyinjury","propertydamage"or coveragefor"bodilyinjury"or "personalandadvertisinginjury" "propertydamage"included arisingoutoftherenderingoforthe withinthe"products- failuretorenderanyprofessional completed operationshazard". services byor for you, including: (2) Withrespecttotheinsuranceafforded (a) Thepreparing,approving,or totheseadditionalinsureds,this failuretoprepareorapprove, insurance doesnotapplyto: maps,shopdrawings,opinions, "Bodilyinjury","propertydamage"or reports,surveys,fieldorders, "personalandadvertisinginjury" changeorders,designsor arisingoutoftherenderingof,orthe drawings andspecifications; or failuretorender,anyprofessional (b) Supervisory,inspection, architectural,engineeringorsurveying architecturalorengineering services,including: activities. FormSS 0008 0405Page 13of24 BUSINESS LIABILITYCOVERAGE FORM (a) Thepreparing,approving,or ThisGeneralAggregatelimitdoesnot failuretoprepareorapprove, applyto"propertydamage"topremises maps,shopdrawings,opinions, whilerentedtoyouortemporarily reports,surveys,fieldorders, occupiedbyyouwithpermissionofthe changeorders,designsor owner,arisingoutoffire,lightningor drawings andspecifications; orexplosion. (b)3.Each Occurrence Limit Supervisory,inspection, architecturalorengineering 2.a.2.b Subjecttoorabove,whichever activities. applies,themostwewillpayforthesumofall Thelimitsofinsurancethatapplytoadditional damagesbecauseofall"bodilyinjury", D. insuredsaredescribedinSection–Limits"propertydamage"andmedicalexpenses OfInsurance.arisingoutofanyone"occurrence"isthe LiabilityandMedicalExpensesLimitshownin Howthisinsuranceapplieswhenother the Declarations. insuranceisavailabletoanadditionalinsured isdescribedintheOtherInsuranceCondition Themostwewillpayforallmedicalexpenses E. inSection– Liability AndMedicalExpensesbecauseof"bodilyinjury"sustainedbyany GeneralConditions.onepersonistheMedicalExpensesLimit shownintheDeclarations. Nopersonororganizationisaninsuredwith 4.Personal AndAdvertisingInjury Limit respecttotheconductofanycurrentorpast partnership,jointventureorlimitedliability 2.b. Subjecttoabove,themostwewillpayfor companythatisnotshownasaNamedInsuredin thesumofalldamagesbecauseofall the Declarations. "personalandadvertisinginjury"sustainedby D.LIABILITYANDMEDICALEXPENSES any one person or organization is the Personal andAdvertisingInjuryLimitshowninthe LIMITS OF INSURANCE Declarations. 1.TheMost We WillPay 5.Damage ToPremisesRented ToYou Limit TheLimitsofInsuranceshowninthe TheDamageToPremisesRentedToYou Declarationsandtherulesbelowfixthemost LimitisthemostwewillpayunderBusiness wewillpay regardless of the number of: LiabilityCoveragefordamagesbecauseof a. Insureds; "propertydamage"toanyonepremises,while b. Claims made or"suits" brought;or rented to you, or in the case of damage byfire, lightningorexplosion,whilerentedtoyouor c. Persons or organizations making claims or temporarilyoccupiedby youwith permission of bringing"suits". the owner. 2.Aggregate Limits Inthecaseofdamagebyfire,lightningor The mostwe will payfor: explosion, the Damage toPremises Rented To a. Damagesbecauseof"bodilyinjury"and YouLimitappliestoalldamageproximately "propertydamage"includedinthe causedbythesameevent,whethersuch "products-completedoperationshazard"is damage results fromfire,lightning orexplosion theProducts-CompletedOperations orany combinationofthese. AggregateLimitshowninthe 6.HowLimitsApplyTo Additional Insureds Declarations. Themostwewillpayonbehalfofapersonor b. Damagesbecauseofallother"bodily organizationwhoisanadditionalinsured injury","propertydamage"or"personal underthis CoveragePart is the lesser of: andadvertisinginjury",includingmedical a. Thelimitsofinsurancespecifiedina expenses,istheGeneralAggregateLimit writtencontract,writtenagreementor shownintheDeclarations. permitissuedbyastateorpolitical ThisGeneralAggregateLimitapplies subdivision;or separatelytoeachofyour"locations" b. TheLimitsofInsuranceshowninthe ownedby orrentedtoyou. Declarations. "Location"meanspremisesinvolvingthe Suchamountshallbeapartofandnotin sameorconnectinglots,orpremises additiontotheLimitsofInsuranceshownin whoseconnectionisinterruptedonlybya the Declarations anddescribedinthis Section. street,roadwayorright-of-wayofa railroad. Page 14of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (1) Ifmorethanonelimitofinsuranceunderthis Immediatelysenduscopiesofany policyandanyendorsementsattachedthereto demands,notices,summonsesor appliestoanyclaimor"suit",themostwewillpay legalpapersreceivedinconnection underthispolicyandtheendorsementsisthe withtheclaimor "suit"; singlehighestlimitofliabilityofallcoverages (2) Authorizeustoobtainrecordsand applicabletosuchclaimor"suit".However,this other information; paragraph does not apply to theMedicalExpenses (3) Cooperatewithusintheinvestigation, 3. limit set forthinParagraph above. settlementoftheclaimordefense TheLimitsofInsuranceofthisCoveragePartapply againstthe"suit";and separatelytoeachconsecutiveannualperiodandto (4) Assistus,uponourrequest,inthe any remaining period of less than 12 months, starting enforcementofanyrightagainstany withthebeginningofthepolicyperiodshowninthe personororganizationthatmaybe Declarations,unlessthepolicyperiodisextended liabletotheinsuredbecauseofinjury after issuance for anadditional periodoflessthan12 ordamagetowhichthisinsurance months.Inthatcase,theadditionalperiodwillbe may also apply. deemedpartofthelastprecedingperiodforpurposes d.ObligationsAt TheInsured's Own Cost ofdeterminingtheLimitsofInsurance. Noinsuredwill,exceptatthatinsured'sown E.LIABILITYANDMEDICALEXPENSES cost,voluntarilymakeapayment,assume GENERAL CONDITIONS anyobligation,orincuranyexpense,other thanforfirstaid,withoutourconsent. 1.Bankruptcy e.Additional Insured'sOther Insurance Bankruptcyorinsolvencyoftheinsuredorof theinsured'sestatewillnotrelieveusofour Ifwecoveraclaimor"suit"underthis obligationsunder thisCoverage Part. CoveragePartthatmayalsobecovered byotherinsuranceavailabletoan 2.DutiesInTheEventOfOccurrence, additionalinsured,suchadditionalinsured Offense, ClaimOrSuit mustsubmitsuchclaimor"suit"tothe a.NoticeOfOccurrenceOrOffense other insurerfordefenseand indemnity. Youoranyadditionalinsuredmustseeto However,thisprovisiondoesnotapplyto itthatwearenotifiedassoonas theextentthatyouhaveagreedina practicableofan"occurrence"oran writtencontract,writtenagreementor offensewhichmayresultinaclaim.To permitthatthisinsuranceisprimaryand the extentpossible,notice should include: non-contributorywiththeadditional (1) How,whenandwherethe"occurrence" insured's owninsurance. oroffensetookplace; f.KnowledgeOfAnOccurrence,Offense, (2) Thenamesandaddressesofany ClaimOrSuit injuredpersons andwitnesses;and a.b. Paragraphsandapplytoyouorto (3) Thenatureandlocationofanyinjury anyadditionalinsuredonlywhensuch ordamagearisingoutofthe "occurrence",offense,claimor"suit"is "occurrence"or offense. knownto: b.NoticeOfClaim (1) Youoranyadditionalinsuredthatis anindividual; Ifaclaimismadeor"suit"isbrought againstanyinsured,youoranyadditional (2) Anypartner,ifyouoranadditional insured must: insured is apartnership; (1) Immediately record the specifics of the (3) Anymanager,ifyouoranadditional claimor"suit"andthedatereceived; insured is alimitedliability company; and (4) Any"executiveofficer"orinsurance (2) Notify usas soonas practicable. manager,ifyouoranadditional insured is acorporation; Youoranyadditionalinsuredmustseeto itthatwereceiveawrittennoticeofthe (5) Anytrustee,ifyouoranadditional claim or"suit" assoon aspracticable. insured is atrust;or c.AssistanceAndCooperationOfThe (6) Any electedor appointedofficial, ifyou Insured oranadditionalinsuredisapolitical subdivision orpublic entity. Youand anyotherinvolved insured must: FormSS 0008 0405Page 15of24 BUSINESS LIABILITYCOVERAGE FORM f.(3) ThisParagraphappliesseparatelyto Wehaveissuedthispolicyinreliance youand anyadditional insured.uponyour representations. 3.FinancialResponsibility Lawsb.UnintentionalFailureToDisclose Hazards a. Whenthispolicyiscertifiedasproofof financialresponsibilityforthefutureunder If unintentionally youshouldfailtodisclose theprovisionsofanymotorvehicle allhazardsrelatingtotheconductofyour financialresponsibilitylaw,theinsurance businessattheinceptiondateofthis providedbythepolicyfor"bodilyinjury" CoveragePart,weshallnotdenyany liabilityand"propertydamage"liabilitywill coverageunderthisCoveragePart complywiththeprovisionsofthelawto becauseofsuch failure. theextentofthecoverageandlimitsof 7.OtherInsurance insurance required bythat law. Ifothervalidandcollectibleinsuranceis b. Withrespectto"mobileequipment"to availableforalosswecoverunderthis whichthisinsuranceapplies,wewill CoveragePart,ourobligationsarelimitedas provideanyliability,uninsuredmotorists, follows: underinsuredmotorists,no-faultorother a.Primary Insurance coveragerequiredbyanymotorvehicle b. law.Wewillprovidetherequiredlimitsfor Thisinsuranceisprimaryexceptwhen those coverages.belowapplies.Ifotherinsuranceisalso primary,wewillsharewithallthatother 4.Legal Action Against Us c. insurancebythemethoddescribedin Nopersonororganizationhasarightunder below. thisCoverage Form: b.ExcessInsurance a. Tojoinusasapartyorotherwisebringus Thisinsuranceisexcessoveranyofthe intoa"suit"askingfordamagesfroman otherinsurance,whetherprimary,excess, insured;or contingent oron anyotherbasis: b. TosueusonthisCoverageFormunless (1)YourWork allofitstermshavebeenfullycomplied with. ThatisFire,ExtendedCoverage, Builder'sRisk,InstallationRiskor Apersonororganizationmaysueustorecover similarcoverage for "yourwork"; onanagreedsettlementoronafinaljudgment againstaninsured;butwewillnotbeliablefor (2)Premises RentedTo You damagesthat are not payable under the terms of Thatisfire,lightningorexplosion thisinsuranceorthatareinexcessofthe insuranceforpremisesrentedtoyou applicablelimitofinsurance.Anagreed ortemporarilyoccupiedbyyouwith settlementmeansasettlementandreleaseof permission of the owner; liabilitysignedbyus,theinsuredandthe (3)Tenant Liability claimantortheclaimant'slegalrepresentative. Thatisinsurancepurchasedbyyouto 5.SeparationOfInsureds coveryourliabilityasatenantfor ExceptwithrespecttotheLimitsofInsurance, "propertydamage"topremisesrented andanyrightsordutiesspecificallyassigned toyouortemporarilyoccupiedbyyou inthispolicytothefirstNamedInsured,this withpermissionoftheowner; insurance applies: (4)Aircraft,Auto Or Watercraft a. AsifeachNamedInsuredweretheonly Ifthelossarisesoutofthemaintenance Named Insured;and or useofaircraft, "autos" or watercraft to b. Separatelytoeachinsuredagainstwhom g. theextentnotsubjecttoExclusionof aclaimismadeor "suit"isbrought. A. Section–Coverages. 6.Representations (5)PropertyDamageToBorrowed a.When YouAcceptThisPolicy Equipment Or UseOfElevators Byaccepting thispolicy,you agree: Ifthelossarisesoutof"property damage"toborrowedequipmentor (1) ThestatementsintheDeclarations theuseofelevatorstotheextentnot areaccurateand complete; k.A. subjecttoExclusionofSection– (2) Thosestatementsarebasedupon Coverages. representationsyou made to us; and Page 16of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (6)WhenYouAreAddedAsAn Whenthisinsuranceisexcessoverother AdditionalInsuredToOther insurance,wewillpayonlyourshareof Insurance theamountoftheloss,ifany,that exceedsthesumof: Thatisotherinsuranceavailableto (1) youcoveringliabilityfordamages Thetotalamountthatallsuchother arisingoutofthepremisesor insurancewouldpay for the loss in the operations,or products andcompleted absenceofthis insurance;and operations,forwhichyouhavebeen (2) Thetotalofalldeductibleandself- addedasanadditionalinsuredbythat insuredamountsunderallthatother insurance;or insurance. (7)WhenYouAddOthersAsAn Wewillshare the remaining loss,if any, with AdditionalInsuredToThis anyotherinsurancethatisnotdescribedin Insurance this ExcessInsuranceprovision andwas not Thatisotherinsuranceavailabletoan boughtspecificallytoapplyinexcessofthe additionalinsured.LimitsofInsuranceshowninthe DeclarationsofthisCoveragePart. However,thefollowingprovisions c.MethodOfSharing applytootherinsuranceavailableto anypersonororganizationwhoisan Ifalltheotherinsurancepermits additional insured under thisCoverage contribution by equal shares, we will follow Part: thismethodalso.Underthisapproach, (a)PrimaryInsuranceWhen eachinsurercontributesequalamounts RequiredBy Contract untilithaspaiditsapplicablelimitof insuranceornoneofthelossremains, Thisinsuranceisprimaryifyou whichevercomesfirst. haveagreedinawrittencontract, writtenagreementorpermitthat Ifanyoftheotherinsurancedoesnotpermit thisinsurancebeprimary.Ifother contributionbyequalshares,wewill insuranceisalsoprimary,wewill contributebylimits.Underthismethod,each sharewithallthatotherinsurance insurer’sshareisbasedontheratioofits c. bythemethoddescribedinapplicablelimitofinsurancetothetotal below.applicablelimitsofinsuranceofallinsurers. (b)PrimaryAndNon-Contributory8.TransferOfRightsOfRecoveryAgainst ToOtherInsuranceWhen OthersTo Us RequiredBy Contract a.TransferOfRightsOfRecovery Ifyouhaveagreedinawritten Iftheinsuredhasrightstorecoverallor contract,writtenagreementor partofanypayment,including permitthatthisinsuranceis SupplementaryPayments,wehavemade primaryandnon-contributorywith underthisCoveragePart,thoserightsare theadditionalinsured'sown transferredtous.Theinsuredmustdo insurance,thisinsuranceis nothingafterlosstoimpairthem.Atour primaryandwewillnotseek request,theinsuredwillbring"suit"or contributionfromthatother transferthoserightstousandhelpus insurance. enforcethem.Thisconditiondoesnot (a)(b) Paragraphs and donot apply to apply to Medical ExpensesCoverage. other insurance to which the additional b.WaiverOfRightsOfRecovery(Waiver insuredhasbeenaddedasan Of Subrogation) additionalinsured. Iftheinsuredhaswaivedanyrightsof Whenthisinsuranceisexcess,wewill recoveryagainstanypersonor havenodutyunderthisCoveragePartto organizationforallorpartof anypayment, defend the insured against any "suit" ifany includingSupplementaryPayments,we otherinsurerhasadutytodefendthe havemadeunderthisCoveragePart,we insuredagainstthat"suit".Ifnoother alsowaivethatright,providedtheinsured insurerdefends,wewillundertaketodo waivedtheirrightsofrecoveryagainst so,butwewillbeentitledtotheinsured's suchpersonororganizationinacontract, rightsagainst allthoseotherinsurers. agreementorpermitthatwasexecuted prior to the injuryor damage. FormSS 0008 0405Page 17of24 BUSINESS LIABILITYCOVERAGE FORM 3.Additional Insured-GrantorOfFranchise F.OPTIONALADDITIONALINSURED COVERAGES C. WHOISANINSUREDunderSectionis amendedtoincludeasanadditionalinsured If listed or shown as applicable in the Declarations, theperson(s)ororganization(s)showninthe oneormoreofthefollowingOptionalAdditional DeclarationsasanAdditionalInsured- InsuredCoverages also apply. When any of these GrantorOfFranchise,butonlywithrespectto OptionalAdditionalInsuredCoveragesapply, theirliability asgrantoroffranchise to you. 6. Paragraph(AdditionalInsuredsWhenRequired 4.AdditionalInsured-LessorOfLeased byWrittenContract,WrittenAgreementorPermit) Equipment C. ofSection,WhoIsAnInsured,doesnotapply tothepersonororganizationshowninthe a.C. WHO IS AN INSURED under Section is Declarations.Thesecoveragesaresubjecttothe amendedtoincludeasanadditional termsandconditionsapplicabletoBusiness insuredtheperson(s)ororganization(s) LiabilityCoverageinthispolicy,exceptas shown in the Declarations as an Additional provided below: Insured–LessorofLeasedEquipment, butonlywithrespecttoliabilityfor"bodily 1.AdditionalInsured-DesignatedPersonOr injury","propertydamage"or"personal Organization andadvertisinginjury"caused,inwholeor C. WHOISANINSUREDunderSectionis inpart,byyourmaintenance,operationor amendedtoincludeasanadditionalinsured useofequipmentleasedtoyoubysuch theperson(s)ororganization(s)showninthe person(s)or organization(s). Declarations,butonlywithrespecttoliability b. Withrespecttotheinsuranceaffordedto for"bodilyinjury","propertydamage"or theseadditionalinsureds,thisinsurance "personalandadvertisinginjury"caused,in doesnotapplytoany"occurrence"which wholeorinpart,byyouractsoromissionsor takesplaceafteryouceasetoleasethat theactsoromissionsofthoseactingonyour equipment. behalf: 5.AdditionalInsured-OwnersOrOther a. Intheperformanceofyourongoing InterestsFromWhomLandHasBeen operations; or Leased b. Inconnectionwithyourpremisesowned a.C. WHO IS AN INSURED under Section is byor rented to you. amendedtoincludeasanadditional 2.AdditionalInsured-ManagersOrLessors insuredtheperson(s)ororganization(s) Of Premises shown in the Declarations as an Additional a.C. WHOISANINSUREDunderSectionis Insured– Owners Or OtherInterestsFrom amendedtoincludeasanadditionalinsured WhomLandHasBeenLeased,butonly the person(s) or organization(s)shown in the withrespecttoliabilityarisingoutofthe DeclarationsasanAdditionalInsured- ownership, maintenance or useofthat part DesignatedPersonOrOrganization;butonly ofthelandleased to youand showninthe withrespecttoliabilityarisingoutofthe Declarations. ownership,maintenanceoruseofthatpartof b. Withrespecttotheinsuranceaffordedto the premises leasedtoyou andshown in the theseadditionalinsureds,thefollowing Declarations. additionalexclusions apply: b. Withrespecttotheinsuranceaffordedto Thisinsurancedoes not apply to: theseadditionalinsureds,thefollowing (1) Any"occurrence"thattakesplace additionalexclusions apply: afteryou ceasetoleasethat land;or Thisinsurancedoes not apply to: (2) Structuralalterations,new (1) Any"occurrence"whichtakesplace constructionordemolitionoperations afteryouceasetobeatenantinthat performedbyoronbehalfofsuch premises; or personor organization. (2) Structuralalterations,new 6.AdditionalInsured-StateOrPolitical constructionordemolitionoperations Subdivision–Permits performedbyoronbehalfofsuch a.C. WHO IS AN INSURED under Section is personor organization. amendedtoincludeasanadditional insuredthestateorpoliticalsubdivision shown in the Declarations as an Additional Page 18of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (e) Insured–StateOrPoliticalSubdivision-Anyfailuretomakesuch Permits,butonlywithrespectto inspections,adjustments,testsor operationsperformedbyyouoronyour servicingasthevendorhasagreed behalfforwhichthestateorpolitical tomakeornormallyundertakesto subdivision hasissueda permit.makeintheusualcourseof business,inconnectionwiththe b. Withrespecttotheinsuranceaffordedto distributionorsaleoftheproducts; theseadditionalinsureds,thefollowing (f) Demonstration,installation, additionalexclusions apply: servicingorrepairoperations, Thisinsurancedoes not apply to: exceptsuchoperationsperformed (1) "Bodilyinjury","propertydamage"or atthevendor'spremisesin "personalandadvertisinginjury" connectionwiththesaleofthe arisingoutofoperationsperformedfor product; the stateor municipality;or (g) Productswhich,afterdistribution (2) "Bodilyinjury"or"propertydamage" orsalebyyou,havebeenlabeled includedinthe"product-completed orrelabeledorusedasa operations"hazard. container,partor ingredient of any 7.Additional Insured–Vendors otherthingorsubstancebyorfor the vendor; or a.C. WHO IS AN INSURED under Section is amendedtoincludeasanadditional (h) "Bodilyinjury"or"property insuredtheperson(s)ororganization(s) damage"arisingoutofthesole (referredtobelowasvendor)shown in the negligenceofthevendorforits DeclarationsasanAdditionalInsured- ownactsoromissionsorthoseof Vendor,butonlywithrespectto"bodily itsemployeesoranyoneelse injury"or"propertydamage"arisingoutof acting onits behalf. However, this "yourproducts"whicharedistributedor exclusiondoes not apply to: soldintheregularcourseofthevendor's (i) Theexceptionscontainedin businessandonlyifthisCoveragePart (d)(f) Subparagraphsor ;or providescoveragefor"bodilyinjury"or (ii) Suchinspections, "propertydamage"includedwithinthe adjustments,tests or servicing "products-completed operationshazard". asthevendorhasagreedto b. Theinsuranceaffordedtothevendoris makeornormallyundertakes subjecttothefollowingadditionalexclusions: tomakeintheusualcourseof (1) Thisinsurancedoes not apply to: business,inconnectionwith thedistributionorsaleofthe (a) "Bodilyinjury"or"property products. damage"forwhichthevendoris obligatedtopaydamagesby (2) Thisinsurancedoesnotapplytoany reasonoftheassumptionof insuredpersonororganizationfrom liability in acontract or agreement. whomyouhaveacquiredsuch Thisexclusiondoesnotapplyto products,oranyingredient,partor liabilityfordamagesthatthe container,enteringinto, vendorwouldhaveintheabsence accompanyingorcontainingsuch of the contractor agreement; products. (b) Anyexpresswarranty 8.Additional Insured–Controlling Interest unauthorizedby you; C. WHOISANINSUREDunderSectionis (c) Anyphysicalorchemicalchange amendedtoincludeasanadditionalinsured intheproductmadeintentionally theperson(s)ororganization(s)showninthe bythevendor; DeclarationsasanAdditionalInsured– ControllingInterest,butonlywithrespectto (d) Repackaging,unlessunpacked theirliability arisingoutof: solelyforthepurposeofinspection, demonstration,testing,orthe a. Theirfinancial controlofyou;or substitutionofpartsunder b. Premisestheyown,maintainorcontrol instructionsfromthemanufacturer, whileyou lease oroccupy these premises. andthenrepackagedintheoriginal container; FormSS 0008 0405Page 19of24 BUSINESS LIABILITYCOVERAGE FORM Thisinsurancedoesnotapplytostructural Thelimitsofinsurancethatapplytoadditional D. alterations,newconstructionanddemolition insuredsaredescribedinSection–LimitsOf operationsperformedbyorforthatpersonor Insurance. organization. Howthisinsuranceapplieswhenotherinsurance 9.AdditionalInsured–Owners,LesseesOr isavailabletoanadditionalinsuredisdescribedin Contractors–ScheduledPersonOr E. theOtherInsuranceConditioninSection– Organization LiabilityAndMedicalExpensesGeneral Conditions. a.C. WHO IS AN INSURED under Section is amendedtoincludeasanadditional G.LIABILITYANDMEDICALEXPENSES insuredtheperson(s)ororganization(s) DEFINITIONS shown in the Declarations as an Additional 1. "Advertisement"meansthewidespreadpublic Insured–Owner,Lessees Or Contractors, disseminationofinformationorimagesthat butonlywithrespecttoliabilityfor"bodily hasthepurposeofinducingthesaleofgoods, injury","propertydamage"or"personal products orservicesthrough: andadvertisinginjury"caused,inwholeor inpart,byyouractsoromissionsorthe a. (1) Radio; actsoromissionsofthoseactingonyour (2) Television; behalf: (3) Billboard; (1) Intheperformanceofyourongoing (4) Magazine; operationsfortheadditional (5) Newspaper; insured(s);or b. TheInternet,butonlythatpartofaweb (2) Inconnectionwith"yourwork" sitethatisaboutgoods,productsor performedforthatadditionalinsured servicesforthepurposesofinducingthe andincludedwithinthe"products- sale of goods, products orservices; or completedoperationshazard",but c. Anyotherpublicationthatisgiven onlyifthisCoveragePartprovides widespread publicdistribution. coveragefor"bodilyinjury"or "propertydamage"includedwithinthe However, "advertisement"does not include: "products-completedoperations a. Thedesign,printedmaterial,information hazard". orimagescontainedin,onoruponthe b. Withrespecttotheinsuranceaffordedto packagingorlabelingofanygoodsor theseadditionalinsureds,thisinsurance products;or doesnotapplyto"bodilyinjury","property b. Aninteractiveconversationbetweenor damage"or"personalanadvertising amongpersonsthroughacomputernetwork. injury"arisingoutoftherenderingof,or 2. "Advertisingidea"meansanyideaforan thefailuretorender,anyprofessional "advertisement". architectural,engineeringorsurveying services,including: 3. "Asbestoshazard"meansanexposureor threatofexposuretotheactualoralleged (1) Thepreparing,approving,orfailureto propertiesofasbestosandincludesthemere prepareorapprove,maps,shop presenceofasbestosinanyform. drawings,opinions,reports,surveys, fieldorders, change orders, designs or 4. "Auto"meansalandmotorvehicle,traileror drawings andspecifications; or semi-trailerdesignedfortravelonpublic roads,includinganyattachedmachineryor (2) Supervisory,inspection,architectural equipment.But"auto"doesnotinclude orengineering activities. "mobile equipment". 10.AdditionalInsured–Co-OwnerOfInsured 5. "Bodilyinjury" means physical: Premises a. Injury; C. WHOISANINSUREDunderSectionis amendedtoincludeasanadditionalinsured b. Sickness; or theperson(s)orOrganization(s)showninthe c. Disease DeclarationsasanAdditionalInsured–Co- sustainedbyapersonand,ifarisingoutofthe OwnerOfInsuredPremises,butonlywith above, mental anguish ordeathatany time. respecttotheirliabilityasco-ownerofthe premisesshown in the Declarations. 6. "Coverageterritory"means: Page 20of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM a.b. The United States of America(includingits Youhavefailedtofulfillthetermsofa territoriesandpossessions),PuertoRico contractor agreement; andCanada; ifsuch property canbe restored to useby: b. Internationalwaters orairspace, but only if a. Therepair,replacement,adjustmentor theinjuryordamageoccursinthecourse removalof"yourproduct"or"yourwork"; oftravelortransportationbetweenany or a. places includedinabove; b. Yourfulfillingthetermsofthecontractor c. Allotherpartsoftheworldiftheinjuryor agreement. damage arises out of: 12. "Insured contract"means: (1) Goodsorproductsmadeorsoldbyyou a .Acontractforaleaseofpremises. a. intheterritorydescribedinabove; However,thatportionofthecontractfora (2) Theactivities of a person whose home leaseofpremisesthatindemnifiesany a isintheterritorydescribedin. personororganizationfordamagebyfire, above,butisawayforashorttimeon lightningorexplosiontopremiseswhile yourbusiness; or rentedtoyouortemporarilyoccupiedby (3) "Personalandadvertisinginjury" youwithpermissionoftheowneris offensesthattakeplacethroughthesubjecttotheDamageToPremises Internetorsimilarelectronicmeansof RentedToYoulimitdescribedinSection D. communication–LiabilityandMedicalExpensesLimits of Insurance. providedtheinsured'sresponsibilitytopay b. damagesisdeterminedintheUnitedStatesof Asidetrack agreement; America(includingitsterritoriesand c. Anyeasementorlicenseagreement, possessions),PuertoRicoorCanada,ina includinganeasementorlicense "suit"onthemeritsaccordingtothe agreementinconnectionwithconstruction substantivelawinsuchterritory,orina ordemolitionoperationsonorwithin50 settlement weagree to. feetofa railroad; 7. "Electronicdata"meansinformation,factsor d. Anyobligation,asrequiredbyordinance, programs: toindemnifyamunicipality,exceptin a. Stored asor on;connectionwith workfora municipality; b. Created orused on; or e. Anelevator maintenance agreement; or c. Transmitted to orfrom f. Thatpartofanyothercontractor agreementpertainingtoyourbusiness computersoftware,includingsystemsand (includinganindemnificationofa applicationssoftware,hardorfloppydisks, municipalityinconnectionwithwork CD-ROMS,tapes,drives,cells,data performedforamunicipality)underwhich processingdevicesoranyothermediawhich youassumethetortliabilityofanother areusedwithelectronicallycontrolled partytopayfor"bodilyinjury"or"property equipment. damage"toathirdpersonororganization, 8. "Employee"includesa"leasedworker". providedthe"bodilyinjury"or"property "Employee"doesnotincludea"temporary damage"iscaused,inwholeorinpart,by worker". youorbythoseactingonyourbehalf. 9. "Executiveofficer"meansapersonholding Tortliabilitymeansaliabilitythatwould be anyoftheofficerpositionscreatedbyyour imposedbylawintheabsenceofany charter,constitution,by-lawsoranyother contractor agreement. similargoverningdocument. f. Paragraphincludesthatpartofany 10. "Hostilefire"meansonewhichbecomes contractoragreementthatindemnifiesa uncontrollableorbreaksoutfromwhereitwas railroadfor"bodilyinjury"or"property intendedtobe. damage"arisingoutofconstructionor demolitionoperationswithin50feetofany 11. "Impairedproperty"meanstangibleproperty, railroadpropertyandaffectingany railroad otherthan"yourproduct"or"yourwork",that bridgeortrestle,tracks,road-beds,tunnel, cannot beused orislessuseful because: underpassor crossing. a. Itincorporates"yourproduct"or"yourwork" f. However,Paragraphdoesnotinclude thatisknownorthoughttobedefective, thatpartofany contractor agreement: deficient,inadequateordangerous;or FormSS 0008 0405Page 21of24 BUSINESS LIABILITYCOVERAGE FORM (1)(1) Thatindemnifiesanarchitect, Powercranes,shovels,loaders, engineerorsurveyorforinjuryor diggers ordrills; or damage arisingoutof: (2) Roadconstructionorresurfacing (a) Preparing,approvingorfailingto equipmentsuchasgraders,scrapers prepareorapprovemaps,shop orrollers; drawings,opinions,reports, e.a.b.c.d. Vehiclesnotdescribedin,,,or surveys,fieldorders,change abovethatarenotself-propelledandare orders,designsordrawingsand maintainedprimarilytoprovidemobilityto specifications;or permanentlyattachedequipmentofthe (b) Givingdirectionsorinstructions, followingtypes: or failingtogivethem,if that is the (1) Aircompressors,pumpsand primarycauseoftheinjuryor generators,includingspraying, damage;or welding,buildingcleaning, (2) Underwhichtheinsured,ifan geophysicalexploration,lightingand architect,engineerorsurveyor, wellservicing equipment;or assumesliabilityforaninjuryor (2) Cherrypickersandsimilardevices damagearisingoutoftheinsured's usedtoraiseor lower workers; renderingorfailuretorender f.a.b.c.d. Vehiclesnotdescribedin,,,or professionalservices,includingthose abovemaintainedprimarilyforpurposes (1) listedinaboveandsupervisory, otherthanthetransportationofpersonsor inspection,architecturalor cargo. engineeringactivities. However,self-propelledvehicleswiththe 13. "Leasedworker"meansapersonleasedto followingtypesofpermanentlyattached youbyalaborleasingfirmunderan equipmentarenot"mobileequipment"but agreementbetweenyouandthelaborleasing will beconsidered"autos": firm, to perform duties related to the conduct of (1) Equipment,ofatleast1,000pounds yourbusiness."Leasedworker"doesnot grossvehicleweight,designed includea "temporaryworker". primarilyfor: 14. "Loadingorunloading"meansthehandlingof (a) Snowremoval; property: (b) Roadmaintenance,butnot a. Afteritismovedfromtheplacewhereitis construction orresurfacing;or acceptedformovementintoorontoan aircraft,watercraftor "auto"; (c) Streetcleaning; b. Whileit is in oron anaircraft, watercraft or (2) Cherrypickersandsimilardevices "auto";or mountedonautomobileortruck chassisandusedtoraiseorlower c. Whileitisbeingmovedfromanaircraft, workers; and watercraftor"auto"totheplacewhere itis finallydelivered; (3) Aircompressors,pumpsand generators,includingspraying, but"loadingorunloading"doesnotincludethe welding,buildingcleaning, movement of property by means of a mechanical geophysicalexploration,lightingand device,otherthanahandtruck,thatisnot wellservicing equipment. attachedtotheaircraft,watercraftor"auto". 16. "Occurrence"meansanaccident,including 15. "Mobile equipment" means any ofthefollowing continuousorrepeatedexposuretosubstantially typesoflandvehicles,includinganyattached thesamegeneralharmfulconditions. machineryor equipment: 17. "Personaland advertising injury" means injury, a. Bulldozers,farmmachinery,forkliftsand includingconsequential"bodilyinjury",arising othervehiclesdesignedforuseprincipally out of oneor more of the followingoffenses: offpublic roads; a. Falsearrest, detention orimprisonment; b. Vehiclesmaintainedforusesolelyonor next to premisesyou ownor rent; b. Maliciousprosecution; c. Vehicles thattravel oncrawlertreads; d. Vehicles,whetherself-propelledornot,on which arepermanentlymounted: Page 22of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM c. Thewrongfulevictionfrom,wrongfulentryWork thatmayneed service,maintenance, into,orinvasionoftherightofprivate correction,repairorreplacement,but occupancyofaroom,dwellingor whichisotherwisecomplete,willbe premisesthatthepersonoccupies, treatedas completed. committedbyoronbehalfofitsowner, The"bodilyinjury"or"propertydamage" landlordor lessor; mustoccurawayfrompremisesyouown d. Oral,writtenorelectronicpublicationof orrent,unlessyourbusinessincludesthe materialthatslandersorlibelsapersonor selling,handlingordistributionof"your organizationordisparagesaperson'sor product"forconsumptiononpremisesyou organization's goods, products orservices;ownor rent. e.b. Oral,writtenorelectronicpublicationof Doesnotinclude"bodilyinjury"or materialthatviolatesaperson'srightof "property damage" arisingoutof: privacy; (1) Thetransportationofproperty,unless f. Copying,inyour"advertisement",a theinjuryordamagearisesoutofa person’sororganization’s"advertising conditioninoronavehiclenotowned idea" orstyle of "advertisement"; oroperatedbyyou,andthatcondition wascreatedbythe"loadingor g. Infringement of copyright, slogan, or title of unloading"ofthatvehiclebyany anyliteraryorartisticwork,inyour insured;or "advertisement"; or (2) Theexistenceoftools,uninstalled h. Discriminationorhumiliationthatresultsin equipmentorabandonedorunused injurytothefeelingsorreputationofa materials. naturalperson. 20. "Property damage" means: 18. "Pollutants"meansanysolid,liquid,gaseousor thermalirritantorcontaminant,includingsmoke, a. Physicalinjurytotangibleproperty, vapor,soot,fumes,acids,alkalis,chemicalsand includingallresultinglossofuseofthat waste.Wasteincludesmaterialstoberecycled, property.Allsuchlossofuseshallbe reconditionedorreclaimed. deemedtooccuratthetimeofthe physicalinjury thatcaused it; or 19. "Products-completed operationshazard"; b. Lossofuseoftangiblepropertythatisnot a. Includesall"bodilyinjury"and"property physicallyinjured.Allsuchlossofuse damage"occurringawayfrompremises shallbedeemedtooccuratthetimeof youownorrentandarisingoutof"your "occurrence"that causedit. product" or"your work"except: Asusedinthisdefinition,"electronicdata"is (1) Productsthatarestillinyourphysical not tangible property. possession;or 21. "Suit"meansacivilproceedinginwhich (2) Workthathasnotyetbeencompleted damagesbecauseof"bodilyinjury","property orabandoned.However,"yourwork" damage"or"personalandadvertisinginjury" willbedeemedtobecompletedatthe towhichthisinsuranceappliesarealleged. earliest of the followingtimes: "Suit"includes: (a) Whenalloftheworkcalledforin a. Anarbitrationproceedinginwhichsuch yourcontract hasbeen completed. damagesareclaimedandtowhichthe (b) Whenall of the work to bedone at insuredmustsubmitordoessubmitwith thejobsitehasbeencompletedif ourconsent; or yourcontractcallsforworkat b. Anyotheralternativedisputeresolution more than onejobsite. proceedinginwhichsuchdamagesare (c) When that part of the workdone at claimedandtowhichtheinsuredsubmits ajobsitehasbeenputtoits withour consent. intendedusebyanypersonor 22. "Temporaryworker"meansapersonwhois organizationotherthananother furnishedtoyoutosubstituteforapermanent contractororsubcontractor "employee"onleaveortomeetseasonalor working onthesameproject. short-termworkloadconditions. 23. "Volunteerworker" means aperson who: a. Is not your"employee"; FormSS 0008 0405Page 23of24 BUSINESS LIABILITYCOVERAGE FORM b.(2) Donates his orher work;Theprovidingoforfailuretoprovide warnings orinstructions. c. Actsatthedirectionofandwithinthe c. scopeofduties determined byyou;andDoesnotincludevendingmachinesor d. Isnotpaidafee,salaryorother otherpropertyrentedtoorlocatedforthe compensationbyyouoranyoneelsefor useofothersbutnotsold. theirwork performedforyou. 25 ."Yourwork": 24. "Yourproduct": a. Means: a. Means: (1) Workoroperationsperformedbyyou (1) Any goodsor products,otherthanreal oron yourbehalf;and property, manufactured, sold, handled, (2) Materials,partsorequipment distributedor disposed of by: furnished in connectionwith suchwork (a) You;oroperations. (b)b. Otherstradingunderyourname; Includes: or (1) Warrantiesor representations made at (c) Apersonororganizationwhose anytimewithrespecttothefitness, businessorassetsyouhave quality,durability,performanceoruse acquired;andof "yourwork";and (2)(2) Containers(otherthanvehicles), Theprovidingoforfailuretoprovide materials,partsorequipment warnings orinstructions. furnishedinconnectionwithsuch goodsor products. b. Includes: (1) Warrantiesor representations made at anytimewithrespecttothefitness, quality,durability,performanceoruse of "yourproduct"; and Page 24of24FormSS 0008 0405 SARGENG-01DDRAPER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/4/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 PRODUCER NAME: Albany Office PHONEFAX (541) 926-4291(541) 926-4298 (A/C, No, Ext):(A/C, No): PayneWest Insurance, Inc. E-MAIL 1025 Bain Street SE ADDRESS: Albany, OR 97321 INSURER(S) AFFORDING COVERAGENAIC # Hartford Casualty Insurance Co29424 INSURER A : Hartford Insurance Co of INSURED INSURER B : U.S. Specialty Insurance Co Sargent Engineers, Inc INSURER C : 320 Ronlee Lane NW INSURER D : Olympia, WA 98502 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 1,000,000 DAMAGE TO RENTED X 52SBAVW718502/21/201702/21/2018 CLAIMS-MADEOCCUR X $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 X PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) X 52UECIV408202/21/201702/21/2018 X ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 2,000,000 XX UMBRELLA LIAB OCCUR EACH OCCURRENCE$ 52SBAVW718502/21/201702/21/2018 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ B PEROTH- X WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 52WECZO809405/01/201705/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ C Professional LiabUSS162695608/16/201608/16/2017 Each Claim2,000,000 C Professional LiabUSS162695608/16/201608/16/2017 Aggregate2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) NOTE: Workers Comp coverage is NOT for State of Washington; it is for Other States Project: A2016-17 On-Call Bridge & Structural Consulting Services City of Spokane Valley is an additional insured on the General and Automobile Liability with respect to the work performed for the City under written contract pursuant to the attached endorsements SS 00 08 04 05 & HA 99 16 03 12. This insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultant’s insurance and shall not contribute with it where required by written contract pursuant to the attached endorsements SS 00 08 04 05 & HA 99 16 03 12. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave., Ste 106 Spokane, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM FormSS 0008 0405 © 2005, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning onPage A.COVERAGES 1 1 Business Liability 2 Medical Expenses 2 CoverageExtension -SupplementaryPayments B.EXCLUSIONS 3 C.WHO IS AN INSURED 10 D.LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1.15 Bankruptcy 2.15 DutiesInTheEventOf Occurrence,Offense,ClaimOrSuit 3.16 FinancialResponsibilityLaws 4.16 Legal ActionAgainst Us 5.16 SeparationOf Insureds 6.16 Representations 7.16 OtherInsurance 8.17 TransferOf RightsOf RecoveryAgainst OthersToUs F.OPTIONAL ADDITIONAL INSURED COVERAGES 18 18 AdditionalInsureds G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 FormSS 0008 0405 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Readtheentire policycarefullytodeterminerights,duties andwhat is andisnotcovered. Throughoutthispolicythewords"you"and"your"refertotheNamedInsuredshownintheDeclarations.Thewords "we", "us"and "our"refertothestockinsurancecompanymember of The Hartfordproviding thisinsurance. C Theword "insured" means anyperson ororganizationqualifying assuch underSection . -WhoIsAn Insured. G Otherwordsandphrasesthatappearinquotationmarkshavespecialmeaning.RefertoSection.-LiabilityAnd Medical ExpensesDefinitions. (a) A.COVERAGES The"bodilyinjury"or"property damage"iscausedbyan 1.BUSINESSLIABILITYCOVERAGE(BODILY "occurrence"thattakesplaceinthe INJURY,PROPERTYDAMAGE,PERSONAL "coverageterritory"; ANDADVERTISING INJURY) (b) The"bodilyinjury"or"property InsuringAgreement damage"occursduringthepolicy a. Wewillpaythosesumsthattheinsured period; and becomeslegallyobligatedtopayas (c) Priortothepolicyperiod,noinsured damagesbecauseof"bodilyinjury", 1. listedunderParagraphofSection "propertydamage"or"personaland C. –WhoIsAnInsuredandno advertisinginjury"towhichthisinsurance "employee"authorized byyoutogive applies.Wewillhavetherightanddutyto orreceivenoticeofan"occurrence" defendtheinsuredagainstany"suit" orclaim, knewthat the"bodilyinjury" seekingthosedamages.However,wewill or"propertydamage"hadoccurred, havenodutytodefendtheinsuredagainst inwholeorinpart.Ifsuchalisted any"suit"seekingdamagesfor"bodily insuredorauthorized"employee" injury","propertydamage"or"personaland knew,priortothepolicyperiod,that advertisinginjury"towhichthisinsurance the"bodilyinjury"or"property doesnotapply. damage"occurred,thenany Wemay,atourdiscretion,investigateany continuation,changeorresumption "occurrence"or offenseand settle anyclaim ofsuch"bodilyinjury"or"property or"suit" thatmayresult. But: damage"duringorafterthepolicy periodwillbedeemedtohavebeen (1) Theamountwewillpayfordamagesis knownpriortothepolicyperiod. D. limitedasdescribedinSection- (2) To"personalandadvertisinginjury" LiabilityAndMedicalExpensesLimits caused byan offensearising out of your OfInsurance; and business,butonlyiftheoffensewas (2) Ourrightanddutytodefendendswhen committedinthe"coverageterritory" wehaveuseduptheapplicablelimitof during the policyperiod. insuranceinthepaymentofjudgments, c. "Bodilyinjury"or"propertydamage"willbe settlementsormedicalexpensestowhich deemedtohavebeenknowntohave thisinsuranceapplies. occurredattheearliesttimewhenany Nootherobligationorliabilitytopaysumsor 1. insuredlisted underParagraph of Section performactsorservicesiscoveredunless C. –WhoIsAnInsuredorany"employee" explicitlyprovidedforunderCoverage authorizedbyyoutogiveorreceivenotice Extension-SupplementaryPayments. of an"occurrence" orclaim: b. Thisinsuranceapplies: (1) Reportsall,oranypart,ofthe"bodily (1) To"bodilyinjury"and"property injury"or"propertydamage"tousor damage" only if: anyotherinsurer; FormSS 0008 0405Page 1of24 © 2005,TheHartford BUSINESS LIABILITYCOVERAGE FORM (2)b. ReceivesawrittenorverbaldemandorWewillmakethesepaymentsregardlessof claimfordamagesbecauseofthe"bodilyfault.Thesepaymentswillnotexceedthe injury"or"propertydamage";orapplicablelimitofinsurance.Wewillpay reasonable expensesfor: (3) Becomesawarebyanyothermeansthat (1) "bodilyinjury"or"propertydamage"hasFirstaidadministeredatthetimeofan occurredorhasbeguntooccur.accident; d.(2) Damagesbecauseof"bodilyinjury"include Necessarymedical,surgical,x-rayand damagesclaimedbyanypersonor dentalservices,includingprosthetic organizationforcare,lossofservicesordevices;and deathresultingatanytimefromthe"bodily (3) Necessaryambulance,hospital, injury". professionalnursingandfuneral e.IncidentalMedical Malpractice services. (1) "Bodilyinjury"arisingoutofthe 3.COVERAGEEXTENSION- renderingoforfailuretorender SUPPLEMENTARY PAYMENTS professionalhealthcareservicesasa a. Wewillpay,withrespecttoanyclaimor physician,dentist,nurse,emergency "suit"weinvestigateorsettle,orany"suit" medicaltechnicianorparamedicshall againstan insured wedefend: bedeemedtobecausedbyan (1) Allexpenses weincur. "occurrence", but only if: (2) Upto$1,000forthecostofbailbonds (a) Thephysician,dentist,nurse, requiredbecauseofaccidentsortraffic emergencymedicaltechnicianor lawviolationsarisingoutoftheuseof paramedicisemployedbyyouto anyvehicletowhichBusinessLiability provide suchservices; and Coveragefor"bodily injury"applies. We (b) Youarenotengagedinthe donothave to furnishthesebonds. businessoroccupationofproviding (3) Thecostofappealbondsorbondsto suchservices. releaseattachments,butonlyforbond (2) Forthepurposeofdeterminingthe amountswithintheapplicablelimitof limitsofinsurancefor incidentalmedical insurance.Wedonothavetofurnish malpractice,anyactoromission these bonds. togetherwithallrelatedactsor (4) All reasonable expenses incurred by the omissionsinthefurnishingofthese insuredatour request to assist us in the servicestoanyonepersonwillbe investigationordefenseoftheclaimor considered one"occurrence". "suit",includingactuallossofearnings 2.MEDICAL EXPENSES upto$500adaybecauseoftimeoff InsuringAgreement fromwork. a. Wewillpaymedicalexpensesasdescribed (5) Allcoststaxedagainsttheinsuredin belowfor"bodilyinjury"causedbyan the "suit". accident: (6) Prejudgmentinterestawardedagainst (1) On premisesyou ownor rent; theinsuredonthatpartofthejudgment wepay.Ifwemakeanoffertopaythe (2) Onwaysnexttopremisesyouownor applicablelimitofinsurance,wewillnot rent;or payanyprejudgmentinterestbasedon (3) Becauseofyour operations; that period of time aftertheoffer. provided that: (7) Allinterestonthefullamountofany (1) Theaccidenttakesplaceinthe judgmentthataccruesafterentryofthe "coverageterritory"andduringthe judgmentandbeforewehavepaid, policyperiod; offeredtopay,ordepositedincourtthe partofthejudgmentthatiswithinthe (2) The expenses are incurredand reported applicable limit of insurance. touswithinthreeyearsofthedateof the accident; and (1)(7) Anyamountspaidunderthrough abovewillnotreduce the limits of insurance. (3) Theinjuredpersonsubmitsto examination,atourexpense,by physiciansofourchoiceasoftenaswe reasonably require. Page 2of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM b. Ifwedefendaninsuredagainsta"suit" Solongastheaboveconditionsaremet, andanindemniteeoftheinsuredisalso attorneys'feesincurredbyusinthe namedasapartytothe"suit",wewill defenseofthatindemnitee,necessary defendthatindemniteeifallofthe litigationexpensesincurredbyusand followingconditionsare met:necessarylitigationexpensesincurred bytheindemniteeatourrequestwillbe (1) The"suit"againsttheindemnitee paidasSupplementaryPayments. seeksdamagesforwhichtheinsured hasassumedtheliabilityofthe Notwithstandingtheprovisionsof 1.b.(b)B. indemniteeinacontractoragreement ParagraphofSection– thatisan "insured contract";Exclusions,suchpaymentswillnotbe deemedtobedamagesfor"bodily (2) Thisinsuranceappliestosuchliability injury"and"propertydamage"andwill assumed bytheinsured; not reducetheLimits of Insurance. (3) Theobligation to defend, or the cost of Ourobligationtodefendaninsured's thedefenseof,thatindemnitee,has indemniteeandtopayforattorneys'fees alsobeenassumedbytheinsuredin andnecessarylitigationexpensesas the same "insured contract"; Supplementary Paymentsends when: (4) Theallegationsinthe"suit"andthe (1) Wehaveuseduptheapplicablelimit informationweknowaboutthe ofinsuranceinthepaymentof "occurrence"aresuchthatnoconflict judgments orsettlements; or appearstoexistbetweentheinterests (2) oftheinsuredandtheinterestofthe Theconditionssetforthabove,orthe indemnitee;termsoftheagreementdescribedin (6) Paragraphabove,arenolongermet. (5) Theindemniteeandtheinsuredask B.EXCLUSIONS ustoconductandcontrolthedefense ofthatindemniteeagainstsuch"suit" 1.ApplicableTo Business LiabilityCoverage andagreethatwecanassignthe Thisinsurancedoes not apply to: samecounseltodefendtheinsured andtheindemnitee;and a.ExpectedOrIntendedInjury (6) The indemnitee: (1) "Bodilyinjury"or"propertydamage" expectedorintendedfromthe (a) Agreesinwritingto: standpointoftheinsured.This (i) Cooperatewithusinthe exclusiondoesnotapplyto"bodily investigation,settlementor injury"or"propertydamage"resulting defense of the "suit"; fromtheuseofreasonableforceto (ii) Immediately sendus copies of protectpersons orproperty; or anydemands,notices, (2) "Personalandadvertisinginjury"arising summonsesorlegalpapers outofanoffensecommittedby,atthe receivedinconnectionwith directionoforwiththeconsentor the "suit"; acquiescenceoftheinsuredwiththe (iii) Notify any otherinsurerwhose expectationofinflicting"personaland coverageisavailabletothe advertisinginjury". indemnitee; and b.ContractualLiability (iv) Cooperatewithuswith (1) "Bodilyinjury"or"propertydamage";or respecttocoordinatingother (2) "Personal andadvertisinginjury" applicableinsuranceavailable to the indemnitee; and forwhichtheinsuredisobligatedtopay damagesbyreasonoftheassumptionof (b) Providesuswithwritten liabilityina contractor agreement. authorizationto: Thisexclusiondoesnotapplytoliability (i) Obtainrecordsandother for damages becauseof: informationrelatedtothe "suit"; and (a) "Bodilyinjury","propertydamage"or "personalandadvertisinginjury"that (ii) Conductandcontrolthe theinsuredwouldhaveinthe defenseoftheindemniteein absenceofthecontractor such"suit". agreement;or FormSS 0008 0405Page 3of24 BUSINESS LIABILITYCOVERAGE FORM (b)(b) "Bodilyinjury"or"propertydamage"Performingdutiesrelatedtothe assumed in a contract oragreementconductoftheinsured’sbusiness,or thatisan"insuredcontract", (2) Thespouse,child,parent,brotheror providedthe"bodilyinjury"or sisterofthat"employee"asa "propertydamage"occurs (1) consequenceofabove. subsequenttotheexecutionofthe Thisexclusion applies: contractoragreement.Solelyfor (1) Whethertheinsuredmaybeliableas thepurposeofliabilityassumedin anemployerorinanyothercapacity; an"insuredcontract",reasonable and attorneys'feesandnecessary litigation expenses incurred by or for(2) Toanyobligationtosharedamages apartyotherthananinsuredare withorrepaysomeoneelsewhomust deemedtobedamagesbecauseof paydamagesbecause of the injury. "bodilyinjury"or"propertydamage" Thisexclusiondoesnotapplytoliability provided: assumedbytheinsuredunderan"insured (i) Liabilitytosuchpartyfor,orfor contract". thecostof,thatparty’sdefense f.Pollution hasalsobeenassumedinthe (1) "Bodilyinjury","propertydamage"or same"insuredcontract",and "personalandadvertisinginjury" (ii) Suchattorneys'feesand arisingoutoftheactual,allegedor litigationexpensesarefor threateneddischarge,dispersal, defenseofthat party against a seepage,migration,releaseorescape civiloralternativedispute of "pollutants": resolutionproceedinginwhich (a) Atorfromanypremises,siteor damagestowhichthis locationwhichisorwasatany insurance appliesare alleged. timeownedoroccupiedby,or c.Liquor Liability rentedorloanedtoanyinsured. "Bodilyinjury"or"propertydamage"for However,thissubparagraphdoes whichanyinsuredmaybeheldliableby not apply to: reasonof: (i) "Bodilyinjury"ifsustainedwithin (1) Causingorcontributingtothe abuildingandcausedby intoxicationofany person; smoke,fumes,vapororsoot producedbyororiginatingfrom (2) Thefurnishingofalcoholicbeveragesto equipmentthatisusedtoheat, apersonunderthelegaldrinkingageor coolordehumidifythebuilding, undertheinfluenceofalcohol;or orequipmentthatisusedto (3) Anystatute,ordinanceorregulation heatwaterforpersonaluse,by relatingtothesale,gift,distributionor thebuilding'soccupantsortheir useofalcoholicbeverages. guests; Thisexclusionappliesonlyifyouareinthe (ii) "Bodilyinjury"or"property businessofmanufacturing,distributing, damage"forwhichyoumaybe selling,servingorfurnishingalcoholic heldliable,ifyouarea beverages. contractorandtheowneror d.Workers'CompensationAndSimilar lesseeofsuchpremises,site or Laws location hasbeenaddedtoyour Anyobligationoftheinsuredundera policyasanadditionalinsured workers'compensation,disabilitybenefits withrespecttoyourongoing orunemploymentcompensationlawor operationsperformedforthat anysimilar law. additionalinsuredatthat premises,siteorlocationand e.Employer’sLiability suchpremises,siteorlocation "Bodilyinjury" to: isnotandneverwasownedor (1) An"employee"oftheinsuredarising occupiedby,orrentedor out of andinthecourse of: loanedto,anyinsured,other (a) Employmentby the insured;or thanthatadditionalinsured;or Page 4of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (iii) "Bodilyinjury"or"property releasedaspartofthe damage"arisingoutofheat, operationsbeingperformed smokeorfumesfroma bysuchinsured,contractoror "hostile fire";subcontractor; (b)(ii) Atorfromanypremises,siteor "Bodilyinjury"or"property locationwhichisorwasatanydamage"sustainedwithina timeusedbyorforanyinsuredor buildingandcausedbythe othersforthehandling,storage, releaseofgases,fumesor disposal,processingortreatment vaporsfrommaterialsbrought of waste;intothatbuildinginconnection withoperationsbeingperformed (c) Whichareorwereatanytime byyouoronyourbehalfbya transported,handled,stored, contractororsubcontractor;or treated,disposedof,orprocessed (iii) aswasteby orfor:"Bodilyinjury"or"property damage"arisingoutofheat, (i) Anyinsured; or smokeorfumesfroma (ii) Anypersonororganizationfor "hostile fire"; or whomyoumaybelegally (e) Atorfromanypremises,siteor responsible; locationonwhichanyinsuredorany (d) Atorfromanypremises,siteor contractorsorsubcontractors locationonwhichanyinsuredor workingdirectlyorindirectlyonany anycontractorsorsubcontractors insured’sbehalfareperforming workingdirectlyorindirectlyon operationsiftheoperationsareto anyinsured'sbehalfare testfor,monitor,cleanup,remove, performingoperationsifthe contain,treat,detoxifyorneutralize, "pollutants"arebroughtonorto orinanywayrespondto,orassess thepremises,siteorlocationin theeffectsof,"pollutants". connectionwithsuchoperations (2) Anyloss,costorexpensearisingout bysuchinsured,contractoror of any: subcontractor.However,this (a) subparagraphdoes not apply to:Request, demand, order or statutory orregulatoryrequirementthatany (i) "Bodilyinjury"or"property insuredorotherstestfor,monitor, damage"arisingoutofthe cleanup,remove,contain,treat, escapeoffuels,lubricantsor detoxifyorneutralize,orinanyway other operating fluidswhichare respondto,orassesstheeffectsof, neededtoperformthenormal "pollutants";or electrical,hydraulicor (b) mechanicalfunctionsClaimorsuitbyoronbehalfofa necessaryfortheoperationofgovernmentalauthorityfor "mobile equipment" or itsparts,damagesbecauseoftestingfor, if such fuels, lubricants orothermonitoring,cleaning up, removing, operatingfluidsescapefromacontaining,treating,detoxifyingor vehiclepartdesignedtohold,neutralizing,orinanyway storeorreceivethem.Thisrespondingto,orassessingthe exceptiondoesnotapplyiftheeffects of,"pollutants". "bodilyinjury"or"property However,thisparagraphdoesnot damage"arisesoutofthe applytoliabilityfordamagesbecause intentionaldischarge,dispersal of"propertydamage"thattheinsured orreleaseofthefuels, wouldhaveintheabsenceofsuch lubricantsorotheroperating request,demand,orderorstatutoryor fluids,orifsuchfuels, regulatoryrequirement,orsuchclaim lubricantsorotheroperating or"suit"byoronbehalfofa fluidsarebroughtonortothe governmental authority. premises,siteorlocationwith theintentthattheybe discharged,dispersedor FormSS 0008 0405Page 5of24 BUSINESS LIABILITYCOVERAGE FORM g.Aircraft,AutoOrWatercraft(2) Theuseof"mobileequipment"in,or whileinpracticeorpreparationfor,a "Bodilyinjury"or"propertydamage"arising prearrangedracing,speedor outoftheownership,maintenance,useor demolitioncontestorinanystunting entrustmenttoothersofanyaircraft,"auto" activity. or watercraft owned or operated by or rented i.War orloanedtoanyinsured.Useincludes operationand"loadingorunloading". "Bodilyinjury","propertydamage"or Thisexclusionapplieseveniftheclaims "personalandadvertisinginjury",however againstanyinsuredallegenegligenceor caused,arising,directlyorindirectly,outof: otherwrongdoinginthesupervision,hiring, (1) War,includingundeclaredor civil war; employment,trainingormonitoringofothers (2) Warlikeactionbyamilitaryforce, bythatinsured,ifthe"occurrence"which includingactioninhinderingor causedthe"bodilyinjury"or"property defendingagainstanactualor damage"involvedtheownership, expectedattack,byanygovernment, maintenance,use orentrustmenttoothersof sovereignorotherauthorityusing anyaircraft,"auto"orwatercraftthatis military personnel orotheragents; or ownedoroperatedbyorrentedorloanedto (3) Insurrection,rebellion,revolution, anyinsured. usurpedpower,oractiontakenby Thisexclusion doesnotapplyto: governmentalauthorityinhinderingor (1) Awatercraftwhileashoreonpremises defendingagainst anyofthese. youown orrent; j.Professional Services (2) Awatercraftyou donotown thatis: "Bodilyinjury","propertydamage"or (a) Lessthan51 feetlong; and "personalandadvertisinginjury"arising outoftherenderingoforfailuretorender (b) Notbeingusedtocarrypersons anyprofessionalservice.Thisincludes for acharge; but is not limited to: (3) Parkingan"auto"on,orontheways (1) Legal,accountingoradvertising nextto,premisesyouownorrent, services; providedthe"auto"isnotownedbyor rented orloanedtoyou ortheinsured; (2) Preparing,approving,orfailingto prepareorapprovemaps,shop (4) Liabilityassumedunderany"insured drawings,opinions,reports,surveys, contract"fortheownership, fieldorders,changeorders,designsor maintenanceoruseofaircraftor drawingsandspecifications; watercraft; (3) Supervisory,inspection,architectural (5) "Bodilyinjury"or"propertydamage" orengineering activities; arisingoutoftheoperationofanyof f.(2) theequipmentlisted in Paragraph (4) Medical,surgical,dental,x-rayor f.(3) orofthedefinitionof"mobile nursingservicestreatment,adviceor equipment";or instruction; (6) Anaircraftthatisnotownedbyany (5) Anyhealthortherapeuticservice insured and is hired,charteredor loaned treatment, advice orinstruction; withapaidcrew.However,this (6) Anyservice,treatment,adviceor exceptiondoesnotapplyiftheinsured instructionforthepurposeof hasanyotherinsurancefor such"bodily appearance orskinenhancement,hair injury"or"propertydamage",whether removalorreplacementorpersonal theotherinsuranceisprimary,excess, grooming; contingentoronanyotherbasis. (7) Opticalorhearingaidservices h.Mobile Equipment includingtheprescribing,preparation, "Bodilyinjury"or"propertydamage" fitting,demonstrationordistributionof arisingoutof: ophthalmiclensesandsimilar products orhearingaiddevices; (1) Thetransportationof"mobileequipment" byan"auto"ownedoroperatedbyor rentedorloanedtoanyinsured;or Page 6of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (8)(1)(3)(4) OptometryoroptometricservicesParagraphs,andofthis includingbutnotlimitedtoexaminationexclusiondonotapplyto"property oftheeyesandtheprescribing,damage"(otherthandamagebyfire)to preparation,fitting,demonstrationorpremises,includingthecontentsofsuch distributionofophthalmiclensesandpremises, rented to you for a period of 7or similarproducts;fewerconsecutivedays.AseparateLimit ofInsuranceappliestoDamageTo (9) Any: PremisesRentedToYouasdescribedin (a) Bodypiercing(notincludingear D. Section-Limits OfInsurance. piercing); (2) Paragraphofthisexclusiondoesnot (b) Tattooing,includingbutnotlimited applyifthepremisesare"yourwork"and totheinsertionofpigmentsintoor wereneveroccupied,rentedorheldfor undertheskin; and rentalby you. (c) Similarservices; (3) (4) Paragraphs andofthis exclusiondo (10) Servicesinthepracticeofpharmacy; not apply to the useofelevators. and (3)(4)(5)(6) Paragraphs,,andofthis (11) Computerconsulting,designor exclusiondonotapplytoliabilityassumed programmingservices,includingweb undera sidetrackagreement. sitedesign. (3)(4) Paragraphs and ofthis exclusiondo (4)(5) Paragraphs and ofthis exclusiondo notapplyto"propertydamage"to notapplytotheIncidentalMedical borrowedequipmentwhilenotbeingused Malpracticecoverageaffordedunder to performoperations at ajobsite. 1.e.A. ParagraphinSection -Coverages. (6) Paragraphofthisexclusiondoesnot k.Damage ToProperty applyto"propertydamage" includedinthe "products-completed operationshazard". "Property damage" to: l.Damage ToYour Product (1) Propertyyouown,rentoroccupy, includinganycostsorexpenses "Propertydamage"to"yourproduct" incurredbyyou,oranyotherperson, arisingoutofit orany part of it. organizationorentity,forrepair, m.Damage ToYour Work replacement,enhancement, "Propertydamage"to"yourwork"arising restorationormaintenanceofsuch out of it or any part ofit andincluded in the propertyforanyreason,including "products-completed operationshazard". preventionofinjurytoapersonor damage to another's property;Thisexclusiondoesnotapplyifthe damagedworkortheworkoutofwhich (2) Premisesyousell,giveawayor thedamageariseswasperformedonyour abandon,ifthe"propertydamage"arises behalfby asubcontractor. outofanypartofthosepremises; n.DamageToImpairedPropertyOr (3) Property loaned to you; PropertyNotPhysically Injured (4) Personalpropertyinthecare,custody "Propertydamage"to"impairedproperty" orcontrol of the insured; orpropertythathasnotbeenphysically (5) Thatparticularpartofrealpropertyon injured, arisingoutof: whichyouoranycontractorsor (1) Adefect,deficiency,inadequacyor subcontractorsworkingdirectlyor dangerousconditionin"yourproduct" indirectlyonyourbehalfareperforming or"your work"; or operations,ifthe"propertydamage" (2) arisesoutofthoseoperations;orAdelayorfailurebyyouoranyone actingonyourbehalftoperforma (6) Thatparticularpartofanyproperty contractoragreementinaccordance thatmustberestored,repairedor withits terms. replacedbecause"yourwork"was incorrectly performedon it.Thisexclusiondoesnotapplytotheloss ofuseofotherpropertyarisingoutof suddenandaccidentalphysicalinjuryto "yourproduct"or"yourwork"afterithas beenputtoits intendeduse. FormSS 0008 0405Page 7of24 BUSINESS LIABILITYCOVERAGE FORM o.RecallOfProducts,WorkOrImpaired (c) Titleofany literary orartistic work; Property (8) Arising out of anoffense committed by Damagesclaimedforanyloss,costor aninsuredwhose business is: (a) expenseincurredbyyouorothersfortheAdvertising,broadcasting, lossofuse,withdrawal,recall,inspection, publishing ortelecasting; repair,replacement,adjustment,removal (b) Designingordeterminingcontent ordisposal of: of websites for others;or (1) "Yourproduct"; (c) AnInternetsearch,access, (2) "Yourwork";or contentor service provider. (3) "Impaired property"; However,thisexclusiondoesnot ifsuchproduct,workorpropertyis a.b.c. applytoParagraphs,and withdrawnorrecalledfromthemarketor underthedefinitionof"personaland fromusebyanypersonororganization G. advertisinginjury"inSection– becauseofaknownorsuspecteddefect, LiabilityAndMedicalExpenses deficiency,inadequacyordangerous Definitions. condition in it. Forthepurposesofthisexclusion, p.Personal AndAdvertisingInjury placingan"advertisement"foror linkingtoothersonyourwebsite,by "Personal andadvertisinginjury": itself,isnotconsideredthebusiness (1) Arising out of oral, written or electronic ofadvertising,broadcasting, publicationofmaterial,ifdonebyorat publishing ortelecasting; thedirectionoftheinsuredwith (9) Arisingoutofanelectronicchatroom knowledge of itsfalsity; orbulletinboardtheinsuredhosts, (2) Arising out of oral, written or electronic owns,oroverwhichtheinsured publicationofmaterialwhosefirst exercises control; publicationtookplacebeforethe (10) Arisingoutoftheunauthorizeduseof beginningofthepolicy period; another's name or product in youre-mail (3) Arisingoutofacriminalactcommitted address,domainnameormetatags,or byor at the direction of the insured; anyothersimilartacticstomislead (4) Arisingoutofanybreachofcontract, another'spotentialcustomers; exceptanimpliedcontracttouse (11) Arisingoutoftheviolationofa another’s"advertisingidea"inyour person'srightofprivacycreatedby "advertisement"; anystate orfederal act. (5) Arisingoutofthefailureofgoods, However,thisexclusiondoesnot productsorservicestoconformwith applytoliabilityfordamagesthatthe anystatementofqualityor insuredwouldhaveintheabsenceof performancemadeinyour suchstate orfederal act; "advertisement"; (12) Arisingoutof: (6) Arisingoutofthewrongdescriptionof (a) An"advertisement"forotherson thepriceofgoods,productsorservices; yourweb site; (7) Arisingoutofanyviolationofany (b) Placingalinktoawebsiteof intellectualpropertyrightssuchas others onyour website; copyright,patent,trademark,trade name,tradesecret,servicemarkor (c) Contentfromawebsiteofothers otherdesignationoforiginor displayedwithinaframeorborder authenticity. onyourwebsite.Contentincludes information,code,sounds,text, However,thisexclusiondoesnot graphicsorimages;or applytoinfringement,inyour "advertisement",of (d) Computercode,softwareor programming usedtoenable: (a) Copyright; (i) Yourweb site; or (b) Slogan,unlessthesloganisalso atrademark,tradename,service (ii) The presentation or functionality markorotherdesignationof origin ofan"advertisement"orother orauthenticity; or contentonyourwebsite; Page 8of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (13)(a) Arisingoutofaviolationofanyanti-Maybeawardedorincurredby trustlaw;reasonofanyclaimorsuit alleging actual or threatened injury (14) Arising out of the fluctuation in price or or damage of any nature or kind to valueofanystocks,bondsorother personsorpropertywhichwould securities; or nothaveoccurredinwholeorin (15) Arisingoutofdiscriminationor part but for the "asbestos hazard"; humiliationcommittedbyoratthe (b) Ariseoutofanyrequest,demand, directionofany"executiveofficer", orderorstatutoryorregulatory director,stockholder,partneror requirementthatanyinsuredor memberoftheinsured. otherstestfor,monitor,cleanup, q.ElectronicData remove,encapsulate,contain, Damagesarisingoutofthelossof,lossof treat,detoxifyorneutralizeorin useof,damageto,corruptionof,inability anywayrespondtoorassessthe toaccess,orinabilitytomanipulate effects of an"asbestos hazard"; or "electronicdata". (c) Ariseoutofanyclaimorsuitfor r.Employment-RelatedPractices damagesbecauseoftestingfor, monitoring,cleaningup,removing, "Bodily injury"or "personal and advertising encapsulating,containing,treating, injury"to: detoxifyingorneutralizingorinany (1) Aperson arisingoutofany: wayrespondingtoorassessingthe (a) Refusaltoemploy thatperson; effectsofan"asbestoshazard". (b) Terminationofthatperson's t.ViolationOfStatutesThatGovernE- employment; or Mails,Fax,PhoneCallsOrOther MethodsOfSendingMaterialOr (c) Employment-relatedpractices, Information policies,actsoromissions,suchas coercion,demotion,evaluation, "Bodilyinjury","propertydamage",or reassignment,discipline, "personalandadvertisinginjury"arising defamation,harassment,humiliation directlyorindirectlyoutofanyactionor ordiscriminationdirectedatthat omissionthatviolatesorisallegedto person;or violate: (2) Thespouse,child,parent,brotheror (1) TheTelephoneConsumerProtection sisterofthatpersonasa Act(TCPA),including anyamendment consequenceof"bodilyinjury"or of oradditiontosuch law; "personaland advertising injury" to the (2) TheCAN-SPAM Act of 2003, including personatwhomanyofthe anyamendmentoforadditiontosuch employment-relatedpractices law;or (a)(b)(c) described in Paragraphs,,or (3) Anystatute,ordinanceorregulation, aboveisdirected. otherthantheTCPAorCAN-SPAMAct Thisexclusion applies: of2003,thatprohibitsorlimitsthe (1) Whethertheinsuredmaybeliableas sending,transmitting,communicatingor anemployerorinanyothercapacity; distributionofmaterialorinformation. and DamageToPremisesRentedToYou– (2) Toanyobligationtosharedamages ExceptionForDamageByFire,Lightning withorrepaysomeoneelsewhomust or Explosion paydamagesbecause of the injury. c.h.k.o. Exclusionsthroughandthroughdo s.Asbestos notapplytodamagebyfire,lightningor explosiontopremisesrentedtoyouor (1) "Bodilyinjury","propertydamage"or temporarilyoccupiedby youwith permission of "personalandadvertisinginjury" theowner.AseparateLimitofInsurance arisingoutofthe"asbestoshazard". appliestothiscoverageasdescribedin (2) Anydamages,judgments,settlements, D. Section-LiabilityAndMedicalExpenses loss,costsorexpensesthat: LimitsOf Insurance. FormSS 0008 0405Page 9of24 BUSINESS LIABILITYCOVERAGE FORM 2.ApplicableTo MedicalExpenses Coveragee. Atrust,youareaninsured.Yourtrustees arealsoinsureds,butonlywithrespectto We will not payexpenses for "bodilyinjury": theirduties astrustees. a.Any Insured 2. Eachofthefollowing is also aninsured: Toanyinsured,except"volunteerworkers". a.Employees AndVolunteer Workers b.HiredPerson Your"volunteerworkers"onlywhile To a person hired to do work foror onbehalf performingdutiesrelatedtotheconductof ofanyinsuredoratenantofanyinsured. yourbusiness,oryour"employees",other c.InjuryOn Normally Occupied Premises thaneitheryour"executiveofficers"(ifyou Toapersoninjuredonthatpartof areanorganizationotherthana premisesyouownorrentthattheperson partnership,jointventureorlimitedliability normally occupies. company)oryourmanagers(ifyouarea limitedliabilitycompany),butonlyforacts d.Workers'CompensationAndSimilar withinthescopeoftheiremploymentby Laws youorwhileperformingdutiesrelatedto Toaperson,whetherornotan the conduct of yourbusiness. "employee"ofanyinsured,ifbenefitsfor However,noneofthese"employees"or the"bodilyinjury"arepayableormustbe "volunteerworkers" areinsuredsfor: providedunderaworkers'compensation ordisability benefits law ora similarlaw. (1) "Bodilyinjury"or"personaland advertising injury": e.Athletics Activities (a) Toyou,toyourpartnersor Toapersoninjuredwhilepracticing, members(ifyouareapartnership instructingorparticipatinginanyphysical orjointventure),toyourmembers exercisesorgames,sportsorathletic (ifyouarealimitedliability contests. company),ortoaco-"employee" f.Products-CompletedOperationsHazard whileinthecourseofhisorher Includedwiththe"products-completed employmentorperformingduties operationshazard". relatedtotheconductofyour business,ortoyourother g.Business LiabilityExclusions "volunteerworkers"while ExcludedunderBusinessLiabilityCoverage. performingdutiesrelatedtothe C.WHO IS AN INSURED conduct of yourbusiness; 1. Ifyou aredesignated in the Declarations as: (b) Tothespouse,child,parent, brotherorsisterofthatco- a. Anindividual,youandyourspouseare "employee"orthat"volunteer insureds,butonlywithrespecttothe worker"asaconsequenceof conduct of a business of which youare the (1)(a) Paragraphabove; sole owner. (c) Forwhichthereisanyobligation b. Apartnershiporjointventure,youarean tosharedamageswithorrepay insured.Yourmembers,yourpartners,and someoneelsewhomustpay theirspousesarealsoinsureds,butonlywith damagesbecauseoftheinjury respecttotheconductofyourbusiness. (1)(a) describedinParagraphsor c. Alimitedliabilitycompany,youarean (b) above; or insured.Yourmembersarealsoinsureds, (d) Arisingoutofhisorherproviding butonlywithrespecttotheconductofyour orfailingtoprovideprofessional business.Yourmanagersareinsureds,but healthcare services. onlywithrespecttotheirdutiesasyour managers. Ifyouarenotinthebusinessof providingprofessionalhealthcare d. Anorganizationotherthanapartnership, (d) services,Paragraphdoesnotapply jointventureorlimitedliabilitycompany,you toanynurse,emergencymedical areaninsured.Your"executiveofficers"and technicianorparamedicemployedby directorsareinsureds,butonlywithrespect youtoprovidesuchservices. totheirdutiesasyourofficersordirectors. Yourstockholdersarealsoinsureds,butonly (2) "Property damage" to property: withrespecttotheirliabilityasstockholders. (a) Owned,occupiedor usedby, Page 10of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (b)b. Rentedto,inthecare,custodyor Coverageunderthisprovisiondoesnot controlof,oroverwhichphysical apply to: controlisbeingexercisedforany (1) "Bodilyinjury"or"propertydamage" purposebyyou,anyofyour thatoccurred;or "employees","volunteerworkers", (2) "Personalandadvertisinginjury" anypartnerormember(ifyouare arisingoutofan offensecommitted apartnershiporjointventure),or beforeyouacquiredorformedthe anymember(ifyouarealimited organization. liabilitycompany). 4.Operator Of Mobile Equipment b.Real EstateManager Withrespectto"mobileequipment"registeredin Any person (other than your "employee"or yournameunderanymotorvehicleregistration "volunteerworker"),oranyorganization law,anypersonisaninsuredwhiledrivingsuch whileacting asyour real estatemanager. equipmentalongapublichighwaywithyour c.TemporaryCustodiansOfYour permission.Anyotherpersonororganization Property responsiblefortheconductofsuchpersonis Anypersonororganizationhavingproper alsoaninsured,butonlywithrespecttoliability temporarycustodyofyourpropertyifyou arising out oftheoperation of the equipment,and die,butonly: onlyifno other insurance of anykindisavailable (1) Withrespecttoliabilityarisingoutofthe tothatpersonororganizationforthisliability. maintenanceoruseofthatproperty;and However, noperson ororganizationisaninsured withrespectto: (2) Untilyourlegalrepresentativehas beenappointed.a. "Bodilyinjury"toaco-"employee"ofthe persondriving the equipment;or d.Legal Representative If YouDie b. "Propertydamage"topropertyownedby, Yourlegalrepresentativeifyoudie,but rentedto,inthechargeoforoccupiedby onlywithrespecttodutiesassuch.That youortheemployerofanypersonwhois representativewillhaveallyourrightsand aninsuredunder thisprovision. dutiesunder thisinsurance. 5.Operator of NonownedWatercraft e.Unnamed Subsidiary Withrespecttowatercraftyoudonotownthat Anysubsidiaryandsubsidiarythereof,of islessthan51feetlongandisnotbeingused yourswhichisa legally incorporatedentity to carry persons for a charge, any personisan ofwhichyouownafinancialinterestof insuredwhileoperatingsuchwatercraftwith morethan50%ofthevotingstockonthe yourpermission.Anyotherpersonor effectivedateofthis CoveragePart. organizationresponsiblefortheconductof Theinsuranceaffordedhereinforany suchpersonisalsoaninsured,butonlywith subsidiarynotshownintheDeclarations respecttoliabilityarisingoutoftheoperation asanamedinsureddoesnotapplyto ofthewatercraft,andonlyifnoother injuryordamagewithrespecttowhichan insuranceofanykindisavailabletothat insuredunderthisinsuranceisalsoan personor organization for thisliability. insuredunderanotherpolicyorwouldbe However,nopersonororganizationisan aninsuredundersuchpolicybutforits insured withrespect to: terminationorupontheexhaustionofits limits of insurance.a. "Bodilyinjury"toaco-"employee"ofthe personoperating the watercraft;or 3.NewlyAcquired Or Formed Organization b. "Propertydamage"topropertyownedby, Anyorganizationyounewlyacquireorform, rentedto,inthechargeoforoccupiedby otherthanapartnership,jointventureor youortheemployerofanypersonwhois limitedliabilitycompany,andoverwhichyou aninsuredunder thisprovision. maintainfinancialinterestof more than 50%of thevotingstock,willqualifyasaNamed 6.AdditionalInsuredsWhenRequiredBy Insuredifthereisnoothersimilarinsurance WrittenContract,WrittenAgreementOr available to thatorganization. However:Permit a. Coverageunderthisprovisionisafforded Theperson(s)ororganization(s)identifiedin onlyuntilthe180thdayafteryouacquire a.f. Paragraphsthroughbelowareadditional orformtheorganizationortheendofthe insuredswhenyouhaveagreed,inawritten policyperiod, whichever is earlier; and FormSS 0008 0405Page 11of24 BUSINESS LIABILITYCOVERAGE FORM (e) contract,writtenagreementorbecauseofa Anyfailuretomakesuch permitissuedbyastateorpolitical inspections,adjustments,testsor subdivision,thatsuchpersonororganization servicingasthevendorhas beaddedasanadditionalinsuredonyouragreedtomakeornormally policy,providedtheinjuryordamageoccurs undertakestomakeintheusual subsequenttotheexecutionofthecontractor courseofbusiness,inconnection agreement, ortheissuanceofthepermit.withthedistributionorsaleofthe products; Apersonororganizationisanadditional (f) Demonstration,installation, insuredunderthisprovisiononlyforthat servicingorrepairoperations, periodoftimerequiredbythecontract, exceptsuchoperationsperformed agreementor permit. atthevendor'spremisesin However,no suchperson or organization is an connectionwiththesaleofthe additionalinsuredunderthisprovisionifsuch product; personororganizationisincludedasan (g) Productswhich,afterdistribution additionalinsuredbyanendorsementissued orsalebyyou,havebeenlabeled byusandmadeapartofthisCoveragePart, orrelabeledorusedasa includingallpersonsororganizationsadded container,partor ingredient of any asadditionalinsuredsunderthespecific otherthingorsubstancebyorfor additionalinsuredcoveragegrantsinSection the vendor; or F. –Optional AdditionalInsuredCoverages. (h) "Bodilyinjury"or"property a.Vendors damage"arisingoutofthesole Anyperson(s)ororganization(s)(referredto negligenceofthevendorforits belowasvendor),butonlywithrespectto ownactsoromissionsorthoseof "bodilyinjury"or"propertydamage"arising itsemployeesoranyoneelse outof"yourproducts"whicharedistributed acting onits behalf. However, this orsoldintheregularcourseofthevendor's exclusiondoes not apply to: businessandonlyifthisCoveragePart (i) Theexceptionscontainedin providescoveragefor"bodilyinjury"or (d)(f) Subparagraphsor ;or "propertydamage"includedwithinthe (ii) "products-completedoperationshazard".Suchinspections,adjustments, testsorservicingasthevendor (1) Theinsuranceaffordedtothevendor has agreed to make or normally issubjecttothefollowingadditional undertakes to make in the usual exclusions: courseofbusiness,in Thisinsurancedoes not apply to: connectionwiththedistribution (a) "Bodilyinjury"or"property orsaleoftheproducts. damage"forwhichthevendoris (2) Thisinsurancedoesnotapplytoany obligatedtopaydamagesby insuredpersonororganizationfrom reasonoftheassumptionof whom you have acquired suchproducts, liability in acontract or agreement. oranyingredient,partorcontainer, Thisexclusiondoesnotapplyto enteringinto,accompanyingor liabilityfordamagesthatthe containingsuchproducts. vendorwouldhaveintheabsence b.LessorsOfEquipment of the contractor agreement; (1) Anypersonororganizationfrom (b) Anyexpresswarranty whomyouleaseequipment;butonly unauthorizedby you; withrespecttotheirliabilityfor"bodily (c) Anyphysicalorchemicalchange injury","propertydamage"or intheproductmadeintentionally "personalandadvertisinginjury" bythevendor; caused,inwholeorinpart,byyour (d) Repackaging,exceptwhen maintenance,operationoruseof unpackedsolelyforthepurposeof equipmentleasedtoyoubysuch inspection,demonstration,testing, personor organization. orthesubstitutionofpartsunder instructionsfromthemanufacturer, andthenrepackagedinthe original container; Page 12of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (2)e.PermitsIssuedByStateOrPolitical Withrespecttotheinsuranceafforded Subdivisions totheseadditionalinsureds,this insurancedoesnotapplytoany (1) Anystateorpoliticalsubdivision,but "occurrence"whichtakesplaceafter onlywithrespecttooperations youcease to lease thatequipment. performed byyou oron yourbehalf for c.LessorsOfLandOrPremises whichthestateorpoliticalsubdivision hasissueda permit. (1) Anypersonororganizationfrom (2) whomyouleaselandorpremises,but Withrespecttotheinsuranceafforded onlywithrespecttoliabilityarisingout totheseadditionalinsureds,this oftheownership,maintenanceoruse insurance doesnotapplyto: ofthatpartofthelandorpremises (a) "Bodilyinjury","propertydamage" leased to you. or"personalandadvertising (2) Withrespecttotheinsuranceafforded injury"arisingoutofoperations totheseadditionalinsureds,this performedforthestateor insurance doesnotapplyto:municipality; or (a)(b) Any"occurrence"whichtakes "Bodilyinjury"or"propertydamage" placeafter youcease to lease that includedwithinthe"products- landorbeatenantinthat completedoperationshazard". premises; or f.Any OtherParty (b) Structuralalterations,new (1) Anyotherpersonororganizationwho constructionordemolition a. isnotaninsuredunderParagraphs operationsperformedbyoron e through.above,butonlywith behalfofsuchpersonor respecttoliabilityfor"bodilyinjury", organization. "propertydamage"or"personaland d.Architects, EngineersOrSurveyors advertisinginjury"caused,inwholeor inpart,byyouractsoromissionsor (1) Anyarchitect,engineer,orsurveyor,but theactsoromissionsofthoseacting onlywithrespecttoliabilityfor"bodily onyour behalf: injury","propertydamage"or"personal (a) andadvertisinginjury"caused,inwholeIntheperformanceofyour orinpart,byyouractsoromissionsorongoing operations; theactsoromissionsofthoseactingon (b) Inconnectionwithyourpremises yourbehalf: ownedby orrentedtoyou;or (a) Inconnectionwithyourpremises; (c) In connection with "your work" and or includedwithinthe"products- (b) Intheperformanceofyourcompletedoperationshazard",but ongoingoperationsperformedby only if youor onyour behalf. (i) Thewrittencontractorwritten (2) Withrespecttotheinsuranceafforded agreementrequiresyouto totheseadditionalinsureds,theprovidesuchcoverageto followingadditional exclusionapplies:suchadditional insured;and (ii) Thisinsurancedoesnotapplyto ThisCoveragePartprovides "bodilyinjury","propertydamage"or coveragefor"bodilyinjury"or "personalandadvertisinginjury" "propertydamage"included arisingoutoftherenderingoforthe withinthe"products- failuretorenderanyprofessional completed operationshazard". services byor for you, including: (2) Withrespecttotheinsuranceafforded (a) Thepreparing,approving,or totheseadditionalinsureds,this failuretoprepareorapprove, insurance doesnotapplyto: maps,shopdrawings,opinions, "Bodilyinjury","propertydamage"or reports,surveys,fieldorders, "personalandadvertisinginjury" changeorders,designsor arisingoutoftherenderingof,orthe drawings andspecifications; or failuretorender,anyprofessional (b) Supervisory,inspection, architectural,engineeringorsurveying architecturalorengineering services,including: activities. FormSS 0008 0405Page 13of24 BUSINESS LIABILITYCOVERAGE FORM (a) Thepreparing,approving,or ThisGeneralAggregatelimitdoesnot failuretoprepareorapprove, applyto"propertydamage"topremises maps,shopdrawings,opinions, whilerentedtoyouortemporarily reports,surveys,fieldorders, occupiedbyyouwithpermissionofthe changeorders,designsor owner,arisingoutoffire,lightningor drawings andspecifications; orexplosion. (b)3.Each Occurrence Limit Supervisory,inspection, architecturalorengineering 2.a.2.b Subjecttoorabove,whichever activities. applies,themostwewillpayforthesumofall Thelimitsofinsurancethatapplytoadditional damagesbecauseofall"bodilyinjury", D. insuredsaredescribedinSection–Limits"propertydamage"andmedicalexpenses OfInsurance.arisingoutofanyone"occurrence"isthe LiabilityandMedicalExpensesLimitshownin Howthisinsuranceapplieswhenother the Declarations. insuranceisavailabletoanadditionalinsured isdescribedintheOtherInsuranceCondition Themostwewillpayforallmedicalexpenses E. inSection– Liability AndMedicalExpensesbecauseof"bodilyinjury"sustainedbyany GeneralConditions.onepersonistheMedicalExpensesLimit shownintheDeclarations. Nopersonororganizationisaninsuredwith 4.Personal AndAdvertisingInjury Limit respecttotheconductofanycurrentorpast partnership,jointventureorlimitedliability 2.b. Subjecttoabove,themostwewillpayfor companythatisnotshownasaNamedInsuredin thesumofalldamagesbecauseofall the Declarations. "personalandadvertisinginjury"sustainedby D.LIABILITYANDMEDICALEXPENSES any one person or organization is the Personal andAdvertisingInjuryLimitshowninthe LIMITS OF INSURANCE Declarations. 1.TheMost We WillPay 5.Damage ToPremisesRented ToYou Limit TheLimitsofInsuranceshowninthe TheDamageToPremisesRentedToYou Declarationsandtherulesbelowfixthemost LimitisthemostwewillpayunderBusiness wewillpay regardless of the number of: LiabilityCoveragefordamagesbecauseof a. Insureds; "propertydamage"toanyonepremises,while b. Claims made or"suits" brought;or rented to you, or in the case of damage byfire, lightningorexplosion,whilerentedtoyouor c. Persons or organizations making claims or temporarilyoccupiedby youwith permission of bringing"suits". the owner. 2.Aggregate Limits Inthecaseofdamagebyfire,lightningor The mostwe will payfor: explosion, the Damage toPremises Rented To a. Damagesbecauseof"bodilyinjury"and YouLimitappliestoalldamageproximately "propertydamage"includedinthe causedbythesameevent,whethersuch "products-completedoperationshazard"is damage results fromfire,lightning orexplosion theProducts-CompletedOperations orany combinationofthese. AggregateLimitshowninthe 6.HowLimitsApplyTo Additional Insureds Declarations. Themostwewillpayonbehalfofapersonor b. Damagesbecauseofallother"bodily organizationwhoisanadditionalinsured injury","propertydamage"or"personal underthis CoveragePart is the lesser of: andadvertisinginjury",includingmedical a. Thelimitsofinsurancespecifiedina expenses,istheGeneralAggregateLimit writtencontract,writtenagreementor shownintheDeclarations. permitissuedbyastateorpolitical ThisGeneralAggregateLimitapplies subdivision;or separatelytoeachofyour"locations" b. TheLimitsofInsuranceshowninthe ownedby orrentedtoyou. Declarations. "Location"meanspremisesinvolvingthe Suchamountshallbeapartofandnotin sameorconnectinglots,orpremises additiontotheLimitsofInsuranceshownin whoseconnectionisinterruptedonlybya the Declarations anddescribedinthis Section. street,roadwayorright-of-wayofa railroad. Page 14of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (1) Ifmorethanonelimitofinsuranceunderthis Immediatelysenduscopiesofany policyandanyendorsementsattachedthereto demands,notices,summonsesor appliestoanyclaimor"suit",themostwewillpay legalpapersreceivedinconnection underthispolicyandtheendorsementsisthe withtheclaimor "suit"; singlehighestlimitofliabilityofallcoverages (2) Authorizeustoobtainrecordsand applicabletosuchclaimor"suit".However,this other information; paragraph does not apply to theMedicalExpenses (3) Cooperatewithusintheinvestigation, 3. limit set forthinParagraph above. settlementoftheclaimordefense TheLimitsofInsuranceofthisCoveragePartapply againstthe"suit";and separatelytoeachconsecutiveannualperiodandto (4) Assistus,uponourrequest,inthe any remaining period of less than 12 months, starting enforcementofanyrightagainstany withthebeginningofthepolicyperiodshowninthe personororganizationthatmaybe Declarations,unlessthepolicyperiodisextended liabletotheinsuredbecauseofinjury after issuance for anadditional periodoflessthan12 ordamagetowhichthisinsurance months.Inthatcase,theadditionalperiodwillbe may also apply. deemedpartofthelastprecedingperiodforpurposes d.ObligationsAt TheInsured's Own Cost ofdeterminingtheLimitsofInsurance. Noinsuredwill,exceptatthatinsured'sown E.LIABILITYANDMEDICALEXPENSES cost,voluntarilymakeapayment,assume GENERAL CONDITIONS anyobligation,orincuranyexpense,other thanforfirstaid,withoutourconsent. 1.Bankruptcy e.Additional Insured'sOther Insurance Bankruptcyorinsolvencyoftheinsuredorof theinsured'sestatewillnotrelieveusofour Ifwecoveraclaimor"suit"underthis obligationsunder thisCoverage Part. CoveragePartthatmayalsobecovered byotherinsuranceavailabletoan 2.DutiesInTheEventOfOccurrence, additionalinsured,suchadditionalinsured Offense, ClaimOrSuit mustsubmitsuchclaimor"suit"tothe a.NoticeOfOccurrenceOrOffense other insurerfordefenseand indemnity. Youoranyadditionalinsuredmustseeto However,thisprovisiondoesnotapplyto itthatwearenotifiedassoonas theextentthatyouhaveagreedina practicableofan"occurrence"oran writtencontract,writtenagreementor offensewhichmayresultinaclaim.To permitthatthisinsuranceisprimaryand the extentpossible,notice should include: non-contributorywiththeadditional (1) How,whenandwherethe"occurrence" insured's owninsurance. oroffensetookplace; f.KnowledgeOfAnOccurrence,Offense, (2) Thenamesandaddressesofany ClaimOrSuit injuredpersons andwitnesses;and a.b. Paragraphsandapplytoyouorto (3) Thenatureandlocationofanyinjury anyadditionalinsuredonlywhensuch ordamagearisingoutofthe "occurrence",offense,claimor"suit"is "occurrence"or offense. knownto: b.NoticeOfClaim (1) Youoranyadditionalinsuredthatis anindividual; Ifaclaimismadeor"suit"isbrought againstanyinsured,youoranyadditional (2) Anypartner,ifyouoranadditional insured must: insured is apartnership; (1) Immediately record the specifics of the (3) Anymanager,ifyouoranadditional claimor"suit"andthedatereceived; insured is alimitedliability company; and (4) Any"executiveofficer"orinsurance (2) Notify usas soonas practicable. manager,ifyouoranadditional insured is acorporation; Youoranyadditionalinsuredmustseeto itthatwereceiveawrittennoticeofthe (5) Anytrustee,ifyouoranadditional claim or"suit" assoon aspracticable. insured is atrust;or c.AssistanceAndCooperationOfThe (6) Any electedor appointedofficial, ifyou Insured oranadditionalinsuredisapolitical subdivision orpublic entity. Youand anyotherinvolved insured must: FormSS 0008 0405Page 15of24 BUSINESS LIABILITYCOVERAGE FORM f.(3) ThisParagraphappliesseparatelyto Wehaveissuedthispolicyinreliance youand anyadditional insured.uponyour representations. 3.FinancialResponsibility Lawsb.UnintentionalFailureToDisclose Hazards a. Whenthispolicyiscertifiedasproofof financialresponsibilityforthefutureunder If unintentionally youshouldfailtodisclose theprovisionsofanymotorvehicle allhazardsrelatingtotheconductofyour financialresponsibilitylaw,theinsurance businessattheinceptiondateofthis providedbythepolicyfor"bodilyinjury" CoveragePart,weshallnotdenyany liabilityand"propertydamage"liabilitywill coverageunderthisCoveragePart complywiththeprovisionsofthelawto becauseofsuch failure. theextentofthecoverageandlimitsof 7.OtherInsurance insurance required bythat law. Ifothervalidandcollectibleinsuranceis b. Withrespectto"mobileequipment"to availableforalosswecoverunderthis whichthisinsuranceapplies,wewill CoveragePart,ourobligationsarelimitedas provideanyliability,uninsuredmotorists, follows: underinsuredmotorists,no-faultorother a.Primary Insurance coveragerequiredbyanymotorvehicle b. law.Wewillprovidetherequiredlimitsfor Thisinsuranceisprimaryexceptwhen those coverages.belowapplies.Ifotherinsuranceisalso primary,wewillsharewithallthatother 4.Legal Action Against Us c. insurancebythemethoddescribedin Nopersonororganizationhasarightunder below. thisCoverage Form: b.ExcessInsurance a. Tojoinusasapartyorotherwisebringus Thisinsuranceisexcessoveranyofthe intoa"suit"askingfordamagesfroman otherinsurance,whetherprimary,excess, insured;or contingent oron anyotherbasis: b. TosueusonthisCoverageFormunless (1)YourWork allofitstermshavebeenfullycomplied with. ThatisFire,ExtendedCoverage, Builder'sRisk,InstallationRiskor Apersonororganizationmaysueustorecover similarcoverage for "yourwork"; onanagreedsettlementoronafinaljudgment againstaninsured;butwewillnotbeliablefor (2)Premises RentedTo You damagesthat are not payable under the terms of Thatisfire,lightningorexplosion thisinsuranceorthatareinexcessofthe insuranceforpremisesrentedtoyou applicablelimitofinsurance.Anagreed ortemporarilyoccupiedbyyouwith settlementmeansasettlementandreleaseof permission of the owner; liabilitysignedbyus,theinsuredandthe (3)Tenant Liability claimantortheclaimant'slegalrepresentative. Thatisinsurancepurchasedbyyouto 5.SeparationOfInsureds coveryourliabilityasatenantfor ExceptwithrespecttotheLimitsofInsurance, "propertydamage"topremisesrented andanyrightsordutiesspecificallyassigned toyouortemporarilyoccupiedbyyou inthispolicytothefirstNamedInsured,this withpermissionoftheowner; insurance applies: (4)Aircraft,Auto Or Watercraft a. AsifeachNamedInsuredweretheonly Ifthelossarisesoutofthemaintenance Named Insured;and or useofaircraft, "autos" or watercraft to b. Separatelytoeachinsuredagainstwhom g. theextentnotsubjecttoExclusionof aclaimismadeor "suit"isbrought. A. Section–Coverages. 6.Representations (5)PropertyDamageToBorrowed a.When YouAcceptThisPolicy Equipment Or UseOfElevators Byaccepting thispolicy,you agree: Ifthelossarisesoutof"property damage"toborrowedequipmentor (1) ThestatementsintheDeclarations theuseofelevatorstotheextentnot areaccurateand complete; k.A. subjecttoExclusionofSection– (2) Thosestatementsarebasedupon Coverages. representationsyou made to us; and Page 16of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (6)WhenYouAreAddedAsAn Whenthisinsuranceisexcessoverother AdditionalInsuredToOther insurance,wewillpayonlyourshareof Insurance theamountoftheloss,ifany,that exceedsthesumof: Thatisotherinsuranceavailableto (1) youcoveringliabilityfordamages Thetotalamountthatallsuchother arisingoutofthepremisesor insurancewouldpay for the loss in the operations,or products andcompleted absenceofthis insurance;and operations,forwhichyouhavebeen (2) Thetotalofalldeductibleandself- addedasanadditionalinsuredbythat insuredamountsunderallthatother insurance;or insurance. (7)WhenYouAddOthersAsAn Wewillshare the remaining loss,if any, with AdditionalInsuredToThis anyotherinsurancethatisnotdescribedin Insurance this ExcessInsuranceprovision andwas not Thatisotherinsuranceavailabletoan boughtspecificallytoapplyinexcessofthe additionalinsured.LimitsofInsuranceshowninthe DeclarationsofthisCoveragePart. However,thefollowingprovisions c.MethodOfSharing applytootherinsuranceavailableto anypersonororganizationwhoisan Ifalltheotherinsurancepermits additional insured under thisCoverage contribution by equal shares, we will follow Part: thismethodalso.Underthisapproach, (a)PrimaryInsuranceWhen eachinsurercontributesequalamounts RequiredBy Contract untilithaspaiditsapplicablelimitof insuranceornoneofthelossremains, Thisinsuranceisprimaryifyou whichevercomesfirst. haveagreedinawrittencontract, writtenagreementorpermitthat Ifanyoftheotherinsurancedoesnotpermit thisinsurancebeprimary.Ifother contributionbyequalshares,wewill insuranceisalsoprimary,wewill contributebylimits.Underthismethod,each sharewithallthatotherinsurance insurer’sshareisbasedontheratioofits c. bythemethoddescribedinapplicablelimitofinsurancetothetotal below.applicablelimitsofinsuranceofallinsurers. (b)PrimaryAndNon-Contributory8.TransferOfRightsOfRecoveryAgainst ToOtherInsuranceWhen OthersTo Us RequiredBy Contract a.TransferOfRightsOfRecovery Ifyouhaveagreedinawritten Iftheinsuredhasrightstorecoverallor contract,writtenagreementor partofanypayment,including permitthatthisinsuranceis SupplementaryPayments,wehavemade primaryandnon-contributorywith underthisCoveragePart,thoserightsare theadditionalinsured'sown transferredtous.Theinsuredmustdo insurance,thisinsuranceis nothingafterlosstoimpairthem.Atour primaryandwewillnotseek request,theinsuredwillbring"suit"or contributionfromthatother transferthoserightstousandhelpus insurance. enforcethem.Thisconditiondoesnot (a)(b) Paragraphs and donot apply to apply to Medical ExpensesCoverage. other insurance to which the additional b.WaiverOfRightsOfRecovery(Waiver insuredhasbeenaddedasan Of Subrogation) additionalinsured. Iftheinsuredhaswaivedanyrightsof Whenthisinsuranceisexcess,wewill recoveryagainstanypersonor havenodutyunderthisCoveragePartto organizationforallorpartof anypayment, defend the insured against any "suit" ifany includingSupplementaryPayments,we otherinsurerhasadutytodefendthe havemadeunderthisCoveragePart,we insuredagainstthat"suit".Ifnoother alsowaivethatright,providedtheinsured insurerdefends,wewillundertaketodo waivedtheirrightsofrecoveryagainst so,butwewillbeentitledtotheinsured's suchpersonororganizationinacontract, rightsagainst allthoseotherinsurers. agreementorpermitthatwasexecuted prior to the injuryor damage. FormSS 0008 0405Page 17of24 BUSINESS LIABILITYCOVERAGE FORM 3.Additional Insured-GrantorOfFranchise F.OPTIONALADDITIONALINSURED COVERAGES C. WHOISANINSUREDunderSectionis amendedtoincludeasanadditionalinsured If listed or shown as applicable in the Declarations, theperson(s)ororganization(s)showninthe oneormoreofthefollowingOptionalAdditional DeclarationsasanAdditionalInsured- InsuredCoverages also apply. When any of these GrantorOfFranchise,butonlywithrespectto OptionalAdditionalInsuredCoveragesapply, theirliability asgrantoroffranchise to you. 6. Paragraph(AdditionalInsuredsWhenRequired 4.AdditionalInsured-LessorOfLeased byWrittenContract,WrittenAgreementorPermit) Equipment C. ofSection,WhoIsAnInsured,doesnotapply tothepersonororganizationshowninthe a.C. WHO IS AN INSURED under Section is Declarations.Thesecoveragesaresubjecttothe amendedtoincludeasanadditional termsandconditionsapplicabletoBusiness insuredtheperson(s)ororganization(s) LiabilityCoverageinthispolicy,exceptas shown in the Declarations as an Additional provided below: Insured–LessorofLeasedEquipment, butonlywithrespecttoliabilityfor"bodily 1.AdditionalInsured-DesignatedPersonOr injury","propertydamage"or"personal Organization andadvertisinginjury"caused,inwholeor C. WHOISANINSUREDunderSectionis inpart,byyourmaintenance,operationor amendedtoincludeasanadditionalinsured useofequipmentleasedtoyoubysuch theperson(s)ororganization(s)showninthe person(s)or organization(s). Declarations,butonlywithrespecttoliability b. Withrespecttotheinsuranceaffordedto for"bodilyinjury","propertydamage"or theseadditionalinsureds,thisinsurance "personalandadvertisinginjury"caused,in doesnotapplytoany"occurrence"which wholeorinpart,byyouractsoromissionsor takesplaceafteryouceasetoleasethat theactsoromissionsofthoseactingonyour equipment. behalf: 5.AdditionalInsured-OwnersOrOther a. Intheperformanceofyourongoing InterestsFromWhomLandHasBeen operations; or Leased b. Inconnectionwithyourpremisesowned a.C. WHO IS AN INSURED under Section is byor rented to you. amendedtoincludeasanadditional 2.AdditionalInsured-ManagersOrLessors insuredtheperson(s)ororganization(s) Of Premises shown in the Declarations as an Additional a.C. WHOISANINSUREDunderSectionis Insured– Owners Or OtherInterestsFrom amendedtoincludeasanadditionalinsured WhomLandHasBeenLeased,butonly the person(s) or organization(s)shown in the withrespecttoliabilityarisingoutofthe DeclarationsasanAdditionalInsured- ownership, maintenance or useofthat part DesignatedPersonOrOrganization;butonly ofthelandleased to youand showninthe withrespecttoliabilityarisingoutofthe Declarations. ownership,maintenanceoruseofthatpartof b. Withrespecttotheinsuranceaffordedto the premises leasedtoyou andshown in the theseadditionalinsureds,thefollowing Declarations. additionalexclusions apply: b. Withrespecttotheinsuranceaffordedto Thisinsurancedoes not apply to: theseadditionalinsureds,thefollowing (1) Any"occurrence"thattakesplace additionalexclusions apply: afteryou ceasetoleasethat land;or Thisinsurancedoes not apply to: (2) Structuralalterations,new (1) Any"occurrence"whichtakesplace constructionordemolitionoperations afteryouceasetobeatenantinthat performedbyoronbehalfofsuch premises; or personor organization. (2) Structuralalterations,new 6.AdditionalInsured-StateOrPolitical constructionordemolitionoperations Subdivision–Permits performedbyoronbehalfofsuch a.C. WHO IS AN INSURED under Section is personor organization. amendedtoincludeasanadditional insuredthestateorpoliticalsubdivision shown in the Declarations as an Additional Page 18of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM (e) Insured–StateOrPoliticalSubdivision-Anyfailuretomakesuch Permits,butonlywithrespectto inspections,adjustments,testsor operationsperformedbyyouoronyour servicingasthevendorhasagreed behalfforwhichthestateorpolitical tomakeornormallyundertakesto subdivision hasissueda permit.makeintheusualcourseof business,inconnectionwiththe b. Withrespecttotheinsuranceaffordedto distributionorsaleoftheproducts; theseadditionalinsureds,thefollowing (f) Demonstration,installation, additionalexclusions apply: servicingorrepairoperations, Thisinsurancedoes not apply to: exceptsuchoperationsperformed (1) "Bodilyinjury","propertydamage"or atthevendor'spremisesin "personalandadvertisinginjury" connectionwiththesaleofthe arisingoutofoperationsperformedfor product; the stateor municipality;or (g) Productswhich,afterdistribution (2) "Bodilyinjury"or"propertydamage" orsalebyyou,havebeenlabeled includedinthe"product-completed orrelabeledorusedasa operations"hazard. container,partor ingredient of any 7.Additional Insured–Vendors otherthingorsubstancebyorfor the vendor; or a.C. WHO IS AN INSURED under Section is amendedtoincludeasanadditional (h) "Bodilyinjury"or"property insuredtheperson(s)ororganization(s) damage"arisingoutofthesole (referredtobelowasvendor)shown in the negligenceofthevendorforits DeclarationsasanAdditionalInsured- ownactsoromissionsorthoseof Vendor,butonlywithrespectto"bodily itsemployeesoranyoneelse injury"or"propertydamage"arisingoutof acting onits behalf. However, this "yourproducts"whicharedistributedor exclusiondoes not apply to: soldintheregularcourseofthevendor's (i) Theexceptionscontainedin businessandonlyifthisCoveragePart (d)(f) Subparagraphsor ;or providescoveragefor"bodilyinjury"or (ii) Suchinspections, "propertydamage"includedwithinthe adjustments,tests or servicing "products-completed operationshazard". asthevendorhasagreedto b. Theinsuranceaffordedtothevendoris makeornormallyundertakes subjecttothefollowingadditionalexclusions: tomakeintheusualcourseof (1) Thisinsurancedoes not apply to: business,inconnectionwith thedistributionorsaleofthe (a) "Bodilyinjury"or"property products. damage"forwhichthevendoris obligatedtopaydamagesby (2) Thisinsurancedoesnotapplytoany reasonoftheassumptionof insuredpersonororganizationfrom liability in acontract or agreement. whomyouhaveacquiredsuch Thisexclusiondoesnotapplyto products,oranyingredient,partor liabilityfordamagesthatthe container,enteringinto, vendorwouldhaveintheabsence accompanyingorcontainingsuch of the contractor agreement; products. (b) Anyexpresswarranty 8.Additional Insured–Controlling Interest unauthorizedby you; C. WHOISANINSUREDunderSectionis (c) Anyphysicalorchemicalchange amendedtoincludeasanadditionalinsured intheproductmadeintentionally theperson(s)ororganization(s)showninthe bythevendor; DeclarationsasanAdditionalInsured– ControllingInterest,butonlywithrespectto (d) Repackaging,unlessunpacked theirliability arisingoutof: solelyforthepurposeofinspection, demonstration,testing,orthe a. Theirfinancial controlofyou;or substitutionofpartsunder b. Premisestheyown,maintainorcontrol instructionsfromthemanufacturer, whileyou lease oroccupy these premises. andthenrepackagedintheoriginal container; FormSS 0008 0405Page 19of24 BUSINESS LIABILITYCOVERAGE FORM Thisinsurancedoesnotapplytostructural Thelimitsofinsurancethatapplytoadditional D. alterations,newconstructionanddemolition insuredsaredescribedinSection–LimitsOf operationsperformedbyorforthatpersonor Insurance. organization. Howthisinsuranceapplieswhenotherinsurance 9.AdditionalInsured–Owners,LesseesOr isavailabletoanadditionalinsuredisdescribedin Contractors–ScheduledPersonOr E. theOtherInsuranceConditioninSection– Organization LiabilityAndMedicalExpensesGeneral Conditions. a.C. WHO IS AN INSURED under Section is amendedtoincludeasanadditional G.LIABILITYANDMEDICALEXPENSES insuredtheperson(s)ororganization(s) DEFINITIONS shown in the Declarations as an Additional 1. "Advertisement"meansthewidespreadpublic Insured–Owner,Lessees Or Contractors, disseminationofinformationorimagesthat butonlywithrespecttoliabilityfor"bodily hasthepurposeofinducingthesaleofgoods, injury","propertydamage"or"personal products orservicesthrough: andadvertisinginjury"caused,inwholeor inpart,byyouractsoromissionsorthe a. (1) Radio; actsoromissionsofthoseactingonyour (2) Television; behalf: (3) Billboard; (1) Intheperformanceofyourongoing (4) Magazine; operationsfortheadditional (5) Newspaper; insured(s);or b. TheInternet,butonlythatpartofaweb (2) Inconnectionwith"yourwork" sitethatisaboutgoods,productsor performedforthatadditionalinsured servicesforthepurposesofinducingthe andincludedwithinthe"products- sale of goods, products orservices; or completedoperationshazard",but c. Anyotherpublicationthatisgiven onlyifthisCoveragePartprovides widespread publicdistribution. coveragefor"bodilyinjury"or "propertydamage"includedwithinthe However, "advertisement"does not include: "products-completedoperations a. Thedesign,printedmaterial,information hazard". orimagescontainedin,onoruponthe b. Withrespecttotheinsuranceaffordedto packagingorlabelingofanygoodsor theseadditionalinsureds,thisinsurance products;or doesnotapplyto"bodilyinjury","property b. Aninteractiveconversationbetweenor damage"or"personalanadvertising amongpersonsthroughacomputernetwork. injury"arisingoutoftherenderingof,or 2. "Advertisingidea"meansanyideaforan thefailuretorender,anyprofessional "advertisement". architectural,engineeringorsurveying services,including: 3. "Asbestoshazard"meansanexposureor threatofexposuretotheactualoralleged (1) Thepreparing,approving,orfailureto propertiesofasbestosandincludesthemere prepareorapprove,maps,shop presenceofasbestosinanyform. drawings,opinions,reports,surveys, fieldorders, change orders, designs or 4. "Auto"meansalandmotorvehicle,traileror drawings andspecifications; or semi-trailerdesignedfortravelonpublic roads,includinganyattachedmachineryor (2) Supervisory,inspection,architectural equipment.But"auto"doesnotinclude orengineering activities. "mobile equipment". 10.AdditionalInsured–Co-OwnerOfInsured 5. "Bodilyinjury" means physical: Premises a. Injury; C. WHOISANINSUREDunderSectionis amendedtoincludeasanadditionalinsured b. Sickness; or theperson(s)orOrganization(s)showninthe c. Disease DeclarationsasanAdditionalInsured–Co- sustainedbyapersonand,ifarisingoutofthe OwnerOfInsuredPremises,butonlywith above, mental anguish ordeathatany time. respecttotheirliabilityasco-ownerofthe premisesshown in the Declarations. 6. "Coverageterritory"means: Page 20of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM a.b. The United States of America(includingits Youhavefailedtofulfillthetermsofa territoriesandpossessions),PuertoRico contractor agreement; andCanada; ifsuch property canbe restored to useby: b. Internationalwaters orairspace, but only if a. Therepair,replacement,adjustmentor theinjuryordamageoccursinthecourse removalof"yourproduct"or"yourwork"; oftravelortransportationbetweenany or a. places includedinabove; b. Yourfulfillingthetermsofthecontractor c. Allotherpartsoftheworldiftheinjuryor agreement. damage arises out of: 12. "Insured contract"means: (1) Goodsorproductsmadeorsoldbyyou a .Acontractforaleaseofpremises. a. intheterritorydescribedinabove; However,thatportionofthecontractfora (2) Theactivities of a person whose home leaseofpremisesthatindemnifiesany a isintheterritorydescribedin. personororganizationfordamagebyfire, above,butisawayforashorttimeon lightningorexplosiontopremiseswhile yourbusiness; or rentedtoyouortemporarilyoccupiedby (3) "Personalandadvertisinginjury" youwithpermissionoftheowneris offensesthattakeplacethroughthesubjecttotheDamageToPremises Internetorsimilarelectronicmeansof RentedToYoulimitdescribedinSection D. communication–LiabilityandMedicalExpensesLimits of Insurance. providedtheinsured'sresponsibilitytopay b. damagesisdeterminedintheUnitedStatesof Asidetrack agreement; America(includingitsterritoriesand c. Anyeasementorlicenseagreement, possessions),PuertoRicoorCanada,ina includinganeasementorlicense "suit"onthemeritsaccordingtothe agreementinconnectionwithconstruction substantivelawinsuchterritory,orina ordemolitionoperationsonorwithin50 settlement weagree to. feetofa railroad; 7. "Electronicdata"meansinformation,factsor d. Anyobligation,asrequiredbyordinance, programs: toindemnifyamunicipality,exceptin a. Stored asor on;connectionwith workfora municipality; b. Created orused on; or e. Anelevator maintenance agreement; or c. Transmitted to orfrom f. Thatpartofanyothercontractor agreementpertainingtoyourbusiness computersoftware,includingsystemsand (includinganindemnificationofa applicationssoftware,hardorfloppydisks, municipalityinconnectionwithwork CD-ROMS,tapes,drives,cells,data performedforamunicipality)underwhich processingdevicesoranyothermediawhich youassumethetortliabilityofanother areusedwithelectronicallycontrolled partytopayfor"bodilyinjury"or"property equipment. damage"toathirdpersonororganization, 8. "Employee"includesa"leasedworker". providedthe"bodilyinjury"or"property "Employee"doesnotincludea"temporary damage"iscaused,inwholeorinpart,by worker". youorbythoseactingonyourbehalf. 9. "Executiveofficer"meansapersonholding Tortliabilitymeansaliabilitythatwould be anyoftheofficerpositionscreatedbyyour imposedbylawintheabsenceofany charter,constitution,by-lawsoranyother contractor agreement. similargoverningdocument. f. Paragraphincludesthatpartofany 10. "Hostilefire"meansonewhichbecomes contractoragreementthatindemnifiesa uncontrollableorbreaksoutfromwhereitwas railroadfor"bodilyinjury"or"property intendedtobe. damage"arisingoutofconstructionor demolitionoperationswithin50feetofany 11. "Impairedproperty"meanstangibleproperty, railroadpropertyandaffectingany railroad otherthan"yourproduct"or"yourwork",that bridgeortrestle,tracks,road-beds,tunnel, cannot beused orislessuseful because: underpassor crossing. a. Itincorporates"yourproduct"or"yourwork" f. However,Paragraphdoesnotinclude thatisknownorthoughttobedefective, thatpartofany contractor agreement: deficient,inadequateordangerous;or FormSS 0008 0405Page 21of24 BUSINESS LIABILITYCOVERAGE FORM (1)(1) Thatindemnifiesanarchitect, Powercranes,shovels,loaders, engineerorsurveyorforinjuryor diggers ordrills; or damage arisingoutof: (2) Roadconstructionorresurfacing (a) Preparing,approvingorfailingto equipmentsuchasgraders,scrapers prepareorapprovemaps,shop orrollers; drawings,opinions,reports, e.a.b.c.d. Vehiclesnotdescribedin,,,or surveys,fieldorders,change abovethatarenotself-propelledandare orders,designsordrawingsand maintainedprimarilytoprovidemobilityto specifications;or permanentlyattachedequipmentofthe (b) Givingdirectionsorinstructions, followingtypes: or failingtogivethem,if that is the (1) Aircompressors,pumpsand primarycauseoftheinjuryor generators,includingspraying, damage;or welding,buildingcleaning, (2) Underwhichtheinsured,ifan geophysicalexploration,lightingand architect,engineerorsurveyor, wellservicing equipment;or assumesliabilityforaninjuryor (2) Cherrypickersandsimilardevices damagearisingoutoftheinsured's usedtoraiseor lower workers; renderingorfailuretorender f.a.b.c.d. Vehiclesnotdescribedin,,,or professionalservices,includingthose abovemaintainedprimarilyforpurposes (1) listedinaboveandsupervisory, otherthanthetransportationofpersonsor inspection,architecturalor cargo. engineeringactivities. However,self-propelledvehicleswiththe 13. "Leasedworker"meansapersonleasedto followingtypesofpermanentlyattached youbyalaborleasingfirmunderan equipmentarenot"mobileequipment"but agreementbetweenyouandthelaborleasing will beconsidered"autos": firm, to perform duties related to the conduct of (1) Equipment,ofatleast1,000pounds yourbusiness."Leasedworker"doesnot grossvehicleweight,designed includea "temporaryworker". primarilyfor: 14. "Loadingorunloading"meansthehandlingof (a) Snowremoval; property: (b) Roadmaintenance,butnot a. Afteritismovedfromtheplacewhereitis construction orresurfacing;or acceptedformovementintoorontoan aircraft,watercraftor "auto"; (c) Streetcleaning; b. Whileit is in oron anaircraft, watercraft or (2) Cherrypickersandsimilardevices "auto";or mountedonautomobileortruck chassisandusedtoraiseorlower c. Whileitisbeingmovedfromanaircraft, workers; and watercraftor"auto"totheplacewhere itis finallydelivered; (3) Aircompressors,pumpsand generators,includingspraying, but"loadingorunloading"doesnotincludethe welding,buildingcleaning, movement of property by means of a mechanical geophysicalexploration,lightingand device,otherthanahandtruck,thatisnot wellservicing equipment. attachedtotheaircraft,watercraftor"auto". 16. "Occurrence"meansanaccident,including 15. "Mobile equipment" means any ofthefollowing continuousorrepeatedexposuretosubstantially typesoflandvehicles,includinganyattached thesamegeneralharmfulconditions. machineryor equipment: 17. "Personaland advertising injury" means injury, a. Bulldozers,farmmachinery,forkliftsand includingconsequential"bodilyinjury",arising othervehiclesdesignedforuseprincipally out of oneor more of the followingoffenses: offpublic roads; a. Falsearrest, detention orimprisonment; b. Vehiclesmaintainedforusesolelyonor next to premisesyou ownor rent; b. Maliciousprosecution; c. Vehicles thattravel oncrawlertreads; d. Vehicles,whetherself-propelledornot,on which arepermanentlymounted: Page 22of24FormSS 0008 0405 BUSINESS LIABILITYCOVERAGE FORM c. Thewrongfulevictionfrom,wrongfulentryWork thatmayneed service,maintenance, into,orinvasionoftherightofprivate correction,repairorreplacement,but occupancyofaroom,dwellingor whichisotherwisecomplete,willbe premisesthatthepersonoccupies, treatedas completed. committedbyoronbehalfofitsowner, The"bodilyinjury"or"propertydamage" landlordor lessor; mustoccurawayfrompremisesyouown d. Oral,writtenorelectronicpublicationof orrent,unlessyourbusinessincludesthe materialthatslandersorlibelsapersonor selling,handlingordistributionof"your organizationordisparagesaperson'sor product"forconsumptiononpremisesyou organization's goods, products orservices;ownor rent. e.b. Oral,writtenorelectronicpublicationof Doesnotinclude"bodilyinjury"or materialthatviolatesaperson'srightof "property damage" arisingoutof: privacy; (1) Thetransportationofproperty,unless f. Copying,inyour"advertisement",a theinjuryordamagearisesoutofa person’sororganization’s"advertising conditioninoronavehiclenotowned idea" orstyle of "advertisement"; oroperatedbyyou,andthatcondition wascreatedbythe"loadingor g. Infringement of copyright, slogan, or title of unloading"ofthatvehiclebyany anyliteraryorartisticwork,inyour insured;or "advertisement"; or (2) Theexistenceoftools,uninstalled h. Discriminationorhumiliationthatresultsin equipmentorabandonedorunused injurytothefeelingsorreputationofa materials. naturalperson. 20. "Property damage" means: 18. "Pollutants"meansanysolid,liquid,gaseousor thermalirritantorcontaminant,includingsmoke, a. Physicalinjurytotangibleproperty, vapor,soot,fumes,acids,alkalis,chemicalsand includingallresultinglossofuseofthat waste.Wasteincludesmaterialstoberecycled, property.Allsuchlossofuseshallbe reconditionedorreclaimed. deemedtooccuratthetimeofthe physicalinjury thatcaused it; or 19. "Products-completed operationshazard"; b. Lossofuseoftangiblepropertythatisnot a. Includesall"bodilyinjury"and"property physicallyinjured.Allsuchlossofuse damage"occurringawayfrompremises shallbedeemedtooccuratthetimeof youownorrentandarisingoutof"your "occurrence"that causedit. product" or"your work"except: Asusedinthisdefinition,"electronicdata"is (1) Productsthatarestillinyourphysical not tangible property. possession;or 21. "Suit"meansacivilproceedinginwhich (2) Workthathasnotyetbeencompleted damagesbecauseof"bodilyinjury","property orabandoned.However,"yourwork" damage"or"personalandadvertisinginjury" willbedeemedtobecompletedatthe towhichthisinsuranceappliesarealleged. earliest of the followingtimes: "Suit"includes: (a) Whenalloftheworkcalledforin a. Anarbitrationproceedinginwhichsuch yourcontract hasbeen completed. damagesareclaimedandtowhichthe (b) Whenall of the work to bedone at insuredmustsubmitordoessubmitwith thejobsitehasbeencompletedif ourconsent; or yourcontractcallsforworkat b. Anyotheralternativedisputeresolution more than onejobsite. proceedinginwhichsuchdamagesare (c) When that part of the workdone at claimedandtowhichtheinsuredsubmits ajobsitehasbeenputtoits withour consent. intendedusebyanypersonor 22. "Temporaryworker"meansapersonwhois organizationotherthananother furnishedtoyoutosubstituteforapermanent contractororsubcontractor "employee"onleaveortomeetseasonalor working onthesameproject. short-termworkloadconditions. 23. "Volunteerworker" means aperson who: a. Is not your"employee"; FormSS 0008 0405Page 23of24 BUSINESS LIABILITYCOVERAGE FORM b.(2) Donates his orher work;Theprovidingoforfailuretoprovide warnings orinstructions. c. Actsatthedirectionofandwithinthe c. scopeofduties determined byyou;andDoesnotincludevendingmachinesor d. Isnotpaidafee,salaryorother otherpropertyrentedtoorlocatedforthe compensationbyyouoranyoneelsefor useofothersbutnotsold. theirwork performedforyou. 25 ."Yourwork": 24. "Yourproduct": a. Means: a. Means: (1) Workoroperationsperformedbyyou (1) Any goodsor products,otherthanreal oron yourbehalf;and property, manufactured, sold, handled, (2) Materials,partsorequipment distributedor disposed of by: furnished in connectionwith suchwork (a) You;oroperations. (b)b. Otherstradingunderyourname; Includes: or (1) Warrantiesor representations made at (c) Apersonororganizationwhose anytimewithrespecttothefitness, businessorassetsyouhave quality,durability,performanceoruse acquired;andof "yourwork";and (2)(2) Containers(otherthanvehicles), Theprovidingoforfailuretoprovide materials,partsorequipment warnings orinstructions. furnishedinconnectionwithsuch goodsor products. b. Includes: (1) Warrantiesor representations made at anytimewithrespecttothefitness, quality,durability,performanceoruse of "yourproduct"; and Page 24of24FormSS 0008 0405 SARGENG-01DDRAPER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/03/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 PRODUCER NAME: Albany Office PHONEFAX (541) 926-4291(541) 926-4298 (A/C, No, Ext):(A/C, No): PayneWest Insurance, Inc. E-MAIL 1025 Bain Street SE ADDRESS: Albany, OR 97322 INSURER(S) AFFORDING COVERAGENAIC # U.S. Specialty Insurance Co INSURER A : INSURED INSURER B : Sargent Engineers, Inc INSURER C : 320 Ronlee Lane NW INSURER D : Olympia, WA 98502 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR $ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE$ EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ A Prof LiabilityUSS172786908/16/201708/16/2018 Each Claim2,000,000 A Prof LiabilityUSS172786908/16/201708/16/2018 Aggregate2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This is the Professional Liability renewal certificate only. Project: A2016-17 On-Call Bridge & Structural Consulting Services CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave., Ste 106 Spokane, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD