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18-077.00 National Native American Const: 32nd Ave Sidewalks Contract This agreement is entered into this{ day of g , 2018, between the City of Spokane Valley ("City") and National Native American Construction Inc. ("Contractor"), pursuant to Title 35 RCW, as adopted or amended. In consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties agree as follows: I. The Contractor shall do all work and furnish all tools,materials,and equipment for: 32nd Avenue Sidewalk Project#0258 Contract 18-077 in accordance with and as described in the project plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City. II. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no,liability shall attach to the City by reason of entering onto this contract, except as provided herein. V. The project was awarded for the bid amount of$466 016.61. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the date below, and the City has caused this instrument to be executed on the date stated above. City of Spokane Valley 14 32nd Avenue Sidewalk Project Contract Forms Executed by Contractor t.L �j ,2018. Date LaThi Printed Name Title4007 / / , Signa i� City of Spokane Valley Mark Calhoun Printed Name City Manager Title caortiv, Signature Revised 1-8-16 City of Spokane Valley 15 Contract Forms 32nd Avenue Sidewalk Project \, Sjök;ane BOND NO: 0214492 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to National Native American Construction, Inc.(Contractor),as Principal,a contract for the construction of the project designated as 32'Avenue Sidewalk Project No.0258 in Spokane Valley, Washington,and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Berkley Insurance Company (Surety), a corporation, organized under the laws of DE and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$466,016.61 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators,successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. National Native American Construction, Inc. Berkley Insurance Company CIPAL(CONTR�t",STOR) �'E II 0 V' 4/24/18 Fnncipal Signature Date Surety Signature Date Dannielle Sternberg Shanalee E Steele Printed Name Printed Name Executive Assistant Attorney-in-Fact Title Title • Name,address,and telephone of local office/agent of Surety Company is: Jim Majeskey/PayneWest Insurance 501 N Riverpoint Blvd Ste 403,Spokane,WA 99202/509-838-3501 Rex ise{1 1 14 1 City of Spokane Valley 16 Contract Forms 32nd Avenue Sidewalk Project Sp uine 4,00Valky.. BOND NO: 0214492 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to National Native American Construction, Inc. (Contractor),as Principal,a contract for the construction of the project designated as 32°d Avenue Sidewalk Project No. 0258 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Berkley Insurance Company (Surety), a corporation organized under the laws DE and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S.Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$ 466,016.61 total Contract amount(including Washington State sales tax),subject to the provisions herein. This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work;and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. National Native American Construction, Inc. Berkley Insurance Company INCIPAL(COQ'• CTOR) URE L (�\` 4/24/2018 Principal Signature Date Surety Signature Date Dannielle Sternberg Shanalee E Steele Printed Name Printed Name Executive Assistant Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Jim Majeskey/PayneWest Insurance 501 N Riverpoint Blvd Ste 403,Spokane,WA 99202/509-838-3501 R.n+,o+ l 14 I City of Spokane Valley 17 Contract Forms 32nd Avenue Sidewalk Project No.BI-7801f POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. -t, KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint:James E. Majeskey II;Judith C. Kaiser-Smith;Judith A. •- Rapp; Thomas V. A. Davis;Shanalee E. Steele; or Jaclyn R. Kruse of Payne West Insurance, Inc. of Spokane, WA its true and • lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed • v Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and ✓ u acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. E c This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, E without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o ; resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: ✓ RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief E c Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the 4 corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such .c attorney-in-fact and revoke any power of attorney previously granted;and further n 2 RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, or . other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner •i and to the extent therein stated; and further °: RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and a further r., RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or ct other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as • though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any •-= person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have E ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its -o 2 corporate seal hereunto affixed this -day of �/ A , ,2016. Attest: Berkley Insurance Company ▪ (Seal) By Ira S.Lederman Je• iv: Hafter I o Executive Vice President&Secretary S Timor V ' President Q • c WARNING;THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. 2 I) vSTATE OF CONNECTICUT) c ) ss: N COUNTY OF FAIRFIELD ) o y Y Sworn to before me, a Notary Public in the State of Connecticut, this day of , 2016, by Ira S.Lederman and Jeffrey M. Hafter who are sworn to me to be the Executive Vice Presidentand Secretary, and e Senior Vice President, 7• ,-• , respectively, of Berkley Insurance Company.MARIA C. RUNDBAKEN 3P4:441- (NOTARY PUBLIC ¢ c MY COMMISSION EXPIRES Notary Public, State of Connecticut APRIL 30,2019 (-El CERTIFICATE Z •E I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true, correct u; u and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the YAttorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. (� Given under my hand and seal of the Company,this'lth day of i � r. (Seal) Jr ow'� Vincent rte . `' I ( , /...40 NATINAT-01 BSOUDER 'ACC 'mss CERTIFICATE OF LIABILITY INSURANCE DATE /DDIYYYY) 0412312018 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(les)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 CT Spokane Office PHONE FAX PayneWest Insurance Inc. (NC,No,Ext):(509)838-3501 I(A/c,No):(509)838-3511 501 N.Riverpoint Blvd.,Ste 403 E-MAILDDR ADDRESS: Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC IS _ INSURER A:Hartford Fire Insurance Company 19682 INSURED INSURER e:Trumbull Insurance Company _ National Native American Const Inc. INSURER C:Hartford Casualty Insurance Co 29424 DBA NNAC Inc 3901 N.Schreiber Way INSURER D:Hartford Underwriters Ins.Co. Coeur d'Alone,ID 83815 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 POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYI_IMMIDD/YYYY_L _ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 CLAIMS-MADE n OCCUR X X 52UEAHB3222 01/01/2018 01/01/2019 PREMISES R oNNTTErenee) 5 300,000 MED EXP(Any one person) 5 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 POLICY X LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: _ WA STOP GAP $ 1,000,000 B AUTOMOBILE LIABILITY (Ea eBBINED SINGLE LIMIT S 1,000,000 X ANY AUTO X X 52UEAHB3223 01/01/2018 01/01/2019 BODILY INJURY(Per person) $ — AURTEO�S ONLY ^SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ room gulER tpAMAGE S 5 C X ) UMBRELLA MB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS UAB CLAIMS-MADE 52RHAHB2695 01/01/2018 01/01/2019 AGGREGATE $ 5,000,000 DED X RETENTIONS 10,000 D WORKERS COMPENSATION X la OTH- .5 AND EMPLOYERS'LIABILITY Y/N STATUTE ER I 52WEAAA7KN8 01/01/2018 01/01/2019 E.L.EACH ACCIDENT $ ANYNPRRO/PMREIMETOR/PARTNER/EXECUTIVE l 1,000,000 Mandatory in NH)EXCLUDED? N/A 1,000,000 ELDISEASE-EA EMPLOYEE$ dyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Installation Floater 52UUMHB5320 01/01/2018 01/01/2019 Install Floater 500,000 A Installation Floater 52UUMHB5320 01/01/2018 01/01/2019 Deductible: 1,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) American Casualty Co of Reading PA:#20427,AXV Continental Casualty Company:#20443,AXV RE:32nd Avenue Sidewalk Project,CIP#0258/Contract No.:18-077 City of Spokane Valley is additional insured as per the attached forms.Coverage is primary and non contributory.Waiver of subrogation and per project aggregate applies per attached forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Avenue Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVEES ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • ,t , . . NNAC,INC.!POLICY NO.52UEAHB3222 I EFFECTIVE:01101/2018•01101/2019 Iti THIS ENDORSEMENT CHANGES THE POLICY. PLEASE.READ IT CAREFULLY, CONTRACTORS BROAD FORM ENDORSEMENT This endorsement modifieeirrairrance proVided under the felloWing:. COMMERCIAL.GENERAL LIABILITY cOVERAGg:PART- • INDEX - 1. Alienated Premises Coverage 2. Damage TO.Your Work . . - . . . - - • - 3 Contractors Limited ProfestiOrial Liability . 1 • • . 1. . . 1 4. Per ProjeCt and Per Location General Aggregate Limits Of InSurance,.. 2 5. Medical Payments Coverage—Induding'PrOduCte-Completed Operations. . - 3 6. Injury To Empleyeree Reputation With Respect To Incidental Medical Malpractice , .3 7. Bodily injUry Employee Suits .,- .. ,. • • - 3 8, ConSolidated InsuranceRrep-Up)Program .. . - . • : . : . . . . . , ,..3 a. Access Or Disclosure Of Confidential Or personal infOrmation,. .. .d.Oata7Related lia011ity , . 4 10. Supplementary Payments : ' 11. Two.Or More Coverage Parts Or Policies 1ssued by Us - - • -• - -• . ••5: 12. Notice Of-Cancellation to Certificate Holders , , . . . . . . . . 13.Contractual Liability Coverage Por-Personal And Advertising Injury.. . . . 14. Insured Contract DefirittiOn - ,6 1. ALIENATED PREMISES COVERAGE This provision does not apply it exclusion -I. Excluaion f. Damage To Property of Section 1.-- Damage To Your Work has .been otherwise . Coverage A is'ainended-es.folfows;, .Modified by endorsement, a. The knowing exception to the exclusion is 3, CONTRACTORS LIMITED PROFESSIONAL deleted: LIABILITY Paragraph(2)of-this exclusion does not apply The•following exclusion is added to Paragraph 2., if the premises. are your work' and. were Exclusions:of Section .1 -.Coverage A -'Bodily never occupied, rented or held for rental by Injury And Property Damage Liability, and to yoU. Paragraph 2., EXOttisione Of Section I - Coverage. B - Personal And AdVertiting b.. Thisexception is replaced by the following; Injury Liability Paragraph,(2)of this.exclusion does,not apply This •Instirance does not apply to "bodily injury", if the premises are"your work": "PrOPertY darnage" or, !'personal and',adv.ertising 2. DAMAGE TO YOUR WORK injury"arising out of rendering.of or failure to Exclusion.1. Damage To Your WOW of Section render any ProteeSional services by you with I -Coverage A is replaced by the following; respect to your providing engineering, ILien-lege tYour Work architectural or survaytsurveying :saNicee in your . o. capacity as an engineer;architect or surveyor "ProlpertY damage" to that;partiOular part'of ProfeseiOnal services Inckide: •"ynurvniork"that must be yeatored, repaired or replaced because nybut Wore was ihOrr.,eCtlY (1) The preparing,•approving, or failing to prepare. performed and included in the 'products- or approve, maps, shop drawings; opinians, completed operations hazard reports,auprays,-field:Orders; change orders, ; This exclusion does not apply if the damaged. Gil:.drawings and Specifications and work or the work. performed incorrectly was • performed on your'behalf hy'a.suOcontraCtor4; Form HS 24 50 0-3 17 Page 1 pf 6 t 2017,The Hattford NNAC,INC./POLICY NO.52UEAHB3222 I EFFECTIVE:01/0112018-01/01/2019 (2) Supervisory or inspection activities performed Coverage A. except damages because of as a part of any related architectural or "bodily injury" or "property damage" engineering activities. included in the "products-completed This exclusion applies even if the claims against operations hazard", and for medical any insured allege negligence or other expenses under Coverage C regardless wrongdoingin the supervision, hiring; of the number of; employment, training or monitoring of others by a. Insureds; that insured, if the"occurrence" which caused the b. Claims made or"suits"brought;or "bodily injury" or "property damage", or the offense which caused the. "personal and c. Persons or organizations making advertising injury", involved the rendering of or claims or bringing "suits". failure to render any professional services by you 3. Any payments made under Coverage A with respect to your providing engineering, for damages or under Coverage C for architectural or surveying services in your medical expenses shall reduce the Per capacity as an engineer, architect or surveyor. " Project General Aggregate Limit for that This exclusion does not apply to your operations "project" or the Per Location General in connection with construction work performed by Aggregate for that "location", whichever you or on your behalf. applies. Such payments shall not reduce the General Aggregate Limit shown in the However, this exception to the exclusion will not Declarations; the Per Project General apply if you are in the business or profession of Aggregate Limit for any other "project", or providing the professional services described the Per Location General Aggregate Limit above independent from the construction work for any other"location". performed by you or on your behalf. 4. The limits shown in the Declarations for In the event this insurance applies to any injury, Each Occurrence, Damage To Premises damage, loss, cost or expense covered by Rented To You and Medical Expense Professional Liability insurance issued by a continue to apply. However, instead of company unaffiliated with us, then the insurance being subject to the General Aggregate afforded under.this Coverage Part is excess over Limit shown in the Declarations, such such other valid and collectible Professional limits will be subject to the applicable Per Liability insurance (including any deductible or Project General Aggregate Limit if self-insured retention portion thereof), and any attributable only to ongoingoperations at other valid and collectible insurance available to a single "project" or the Per Location the insured whether primary, excess, contingent General Aggregate if attributable only to or on any other basis. ongoing operations at a single"location". 4. PER PROJECT AND PER LOCATION I B. For all sums which the insured becomes GENERAL AGGREGATE LIMITS OF legally obligated to pay as damages caused INSURANCE I by"occurrences" under Section I -Coverage A. For all sums which the insured becomes A and for all medical expenses caused by legally obligated to pay as damages caused accidents under Section I - Coverage C , by"occurrences" under Section I -Coverage , which cannot be attributed only to ongoing A, and for all medical expenses caused by operations at a single "project" or a single accidents under Section I - Coverage C, I "location"; which can be attributed only to ongoing1. Any payments made under Coverage-A operations at a single "project" or a single 1 for damages or under Coverage C for location", medical expenses shall reduce the 1. A separate Per Project General I amount available under the General Aggregate Limit or a separate Per Aggregate. Limit or the Products- Location General Aggregate Limit applies Completed Operations Aggregate Limit, to each "project" or "location", whichever whichever is applicable; and is applicable. The Per Project General 2. Such payments shall not reduce any Per Aggregate Limit and Per Location Project General Aggregate Limit or any Aggregate Limit is equal to the amount of t _ • the General Aggregate Limit shown in the Per Location General AggregateLimit: "i Declarations. C. When coverage for liability arising out of the "products-completed operations hazard" is 2. -The Per Project General Aggregate Limit provided,any payments for damages because or the Per Location General Aggregate of "bodily injury" or "property damage" Limit, whichever applies, is the most we included in the "products-completed will pay for the sum of all damages under operations hazard" will reduce the Products- Page 2 of 6 Form HS 24 50 0317 NNAC,INC.I POLICY NO.52UEAHB32221 EFFECTIVE:0110112018.0110112019 I B. The following is added to Paragraph 2. b. Loss of use of tangible property that is not Exclusions of Section I — Coverage B — physically injured. All such loss of use Personal and Advertising Injury shall be deemed to occur at the time of 2. Exclusion the"occurrence"that caused it; or This insurance does not apply to: c. Loss of, loss of use of, damage to, corruption of, inability to access, or Access Or Disclosure 'Of Confidential inabilityto properly.manipulate"electronic Or Personal Information data", resulting from physical injury to "Personal and advertising injury" arising tangible property. All such loss of out of any access to or disclosure of any "electronic data"shall be deemed to occur person's or organization's confidential or at the timeof the "occurrence" that personalinformation, including patents, caused it. trade secrets, processing methods, For the purposes of this insurance, "electronic customer lists,financial information, credit data"is not tangible property. card information, health information or 10. SUPPLEMENTARY PAYMENTS any other type of nonpublic information. This exclusion applies even if damages In the Supplementary Payments—Coverages A are claimed for notification costs, credit and B provision: monitoring expenses, forensic expenses, The limit for the cost of bail bonds is increased to public relations expenses or any other $2,500. loss, cost or expense incurred by you or 11. TWO. OR MORE COVERAGE PARTS OR others arising out of any access to or POLICIES ISSUED BY US disclosure of any person's or organization's confidential or personal If this policy and any other policy issued to an information. insured by us or any affiliated company provides coverage that applies to the same claim or C. The following paragraph is added to Section damages, the maximum applicable limit(s) of III—Limits Of insurance: liability or limit of insurance under all the policies. Subject to Paragraph 5. Each Occurrence will not exceed the highest applicable limit of Limit, the most we will pay under Coverage liability or limit of insurance under any one policy. A for"property damage"because of all loss of This condition does not apply to any policy issued "electronic data" arising out of any one by us or an affiliated company specifically written i "occurrence" is $100,000, unless modified by to apply as excess insurance over this polis endorsement: 12' DTIICE0 ,C .:E 0 TO CE FICATI, ` ' D. The following definition is added to Section V -Th.,.. ... ' _ V* -Definitions �" ` � � � �' '' .rte { "Electronic.data" means information, facts or r, . ep _ ° programs: ,, �0 ` A .' a °o c,„ -a ompan - S *:" ice a. Stored as or on; , °r 1 ° ° OW,- oEice � l b. Created or used on;or ° A ,. ° . .,' `° ® e s c.. Transmitted to or from; F © ° n *°�'d ��fi° re computer software, (including systems and ' ° � ° ca ° • to ° °d e ° 4tk-v o ,11 applications software) hard or floppydisks, Vie•.' '-': ,'e ?.9. ,,� �' ," pp r _, ,;� , I CD-ROMS, tapes, drives, cells, data B. "�`- r If this policy is,cancelled by the Company for processing devices or any other media which nonpayment of premium, or by the insured, are used with electronically controlled notice of such cancellation will beprovided equipment. within (10) days of the cancellation effective E. For the purposes of the coverage provided by date tothe certificate holder(s) with mailing this provision, the definition of "property addresses on file with the agent of record or damage" in Section V - Definitions is the Company. replaced by the following: If notice is mailed, proof of mailing to the last "Property damage"means: known mailing address of the certificate holder(s) a. Physical injury to tangible property, on file with the agent of record or the Company including all resulting loss of use of that will be sufficient proof of notice. property. All such loss of use shall be Any notification rights provided by this deemed to occur at the time of the endorsement apply only to active certificate physical injury that caused it; Form HS 24 50 03 17 Page 5 of 6 NNAC,INC.!POLICY NO.52UEAHB3222I EFFECTIVE:01/01/2018-01/0112019 t E COMMERCIAL. GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period;and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words"you" and "your" refer to under Paragraph 1. of Section. II — Who Is An the Named Insured shown in the Declarations, and any Insured and.no"employee"authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy: The words "we", "us" and "our" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing this insurance: such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section II—Who Is An Insured: injury"or"property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation marks "bodily injury" or "property damage" during or have special meaning. Refer to Section V—Definitions. after the policy period will be deemed to have SECTION I—COVERAGES been known prior to the policy period. COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury"or"property damage"will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any insured listed under Paragraph 1, of Section II —Who Is An Insured or a. We will pay those sums that the insured becomes any "employee" authorized by you to give or legally obligatedto pay as damages because of "bodily injury" or "property damage" to which this receive notice of an"occurrence"or claim: insurance applies. We will have the right and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage to us or any other insurer; those damages. However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit' seeking for damages because of the "bodily injury' or damages for "bodily injury"or"property damage"to "property damage";or which this insurance does not apply. We may, at (3) Becomes aware by any other means that our discretion, investigate any "occurrence" and settle.any claim or"suit"that may result. But: "bodily injury" org too"property damage" has occurred or has begun to occur. (1) The amount we will pay for damages is limited d. Damages because of "bodily injury" include as described in Section III — Limits Of damages.claimed.by any person or organization for Insurance;and care,loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the"bodily injury". have used up the applicable limit of insurance in e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care No other obligation or liability to pay sums or services as a physician, dentist, nurse, perform acts or services is covered unless explicitly emergency medical. techniciancaused or paramedic shall be deemed to be by an provided for under Supplementary Payments "occurrence", Coverages A and B. but only if:. b. This insurance applies to "bodily injury" and (a) The physician, dentist, nurse, emergency "property damage"only if: medical technician or paramedic is employed by you to provide' such services; (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place in (b) You are not engaged in the business or the"coverage territory"; occupation of providing such services. HG 00 01 06 05 Page 1 of 18 ©2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc.with its permission.) NNAC,INC.!POLICY NO.52UEAHB3222/EFFECTIVE:0110112018.0110112019 have all your rights and duties under this Coverage 5. Nonowned Watercraft Part. With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feet long andis not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission. Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part. with respect to liability arising out of the operation of The insurance afforded herein for any subsidiary the watercraft, and only if no other insurance of any not named in this Coverage Part as a named kind is available to that person or organization for this liability. insured does not apply to injury or damage with. respect to which an insured under this Coverage. However, no person or organization is an insured with Part isalso an insured under another policy or respect to: would be an insured under such policybut for its a. "Bodil injury" to a co-"employee" of the person Y � 1rY termination or the exhaustion of its limits of operating the watercraft;or insurance. b. "Property damage"to property ownedby,rented to, 3. Newly Acquired or Formed Organization in the charge of or occupied by you or the employer Any organization you newly acquire or form, other than of any person who is an insured under this a partnership,joint venture or limited liability company, provision p1 .aY H. "3..c, '� S'nw '...:..---7„.. F ry -s. "u "E3"'7.� .n, '''''4a, j and over which you maintain financial interest of more i, .,+r , uit- r 4 k. than 50% of the voting stock, will qualify as a Named5:::'1,5'441,0314:414)441,-.174--..:-7-5,----y-, "`� 1,:,, ,,,..a.-.,„.:. Insured if there is no other similar insurance availablese g a i o s s e7 , s r p -f a e to that organization. However: -,,, 3 , �P t(� r�1''9UYJg.a t.tI2L-?,4y 9 a! ;r.t�„fr 1 a. Coverage under this provision is afforded only until * e 3 , a :„#cause o `1 ; the 180th day after you acquire or form the , l i g� 4 6� Z. A':,, s A i1� ;cam is x4 f c YY organization or the end of the policy period, y tk4 o 4,4 n e A r Fla ?=? Y. 7,°< G s OI- s whichever is earlier; a m , s& e '*�" `' `" t s" C . odyi)rniury4or 9 6 b. ,Coverage A does not apply to "bodily injury" or z is �-n..... �r �r.�' p?- ."-,? . „. property damage" that occurred before you , eemerlt. ,g,.,./.-„,.._„,,,'. .. " ".. v `� acquired or formed the organization;and A person or organization is an additional insured under c. Coverage B does not apply to "personal and this provision only for that period of time required by advertising injury" arising out of an ;offense the contract or agreement. committed before you acquired or formed the However, no such person or organization is an insured organization. under this provision if such person or organization is 4. Mobile Equipment included as aninsured by an, endorsement issued by With respect to "mobile equipment" registered in your us and madea part of this Coverage Part. name under any motor vehicle registration law, any a. Vendors person is an insured while driving such equipment Any person(s) or organization(s) (referred to below along a public highway with your permission.Anyy other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or"property damage" arising out of"your products" such person is also an insured,but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendors business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury" or to that person or organization for this liability. However, "property damage" included within the "products- no person or organization is an insured with respect to: completed operations hazard". a. "Bodily injury" to a co-"employee" of the person (1) The insurance afforded the vendor is subject to driving the equipment;or the following additional exclusions: b. "Property damage"to property owned by, rented to, This insurance does not apply to: in the charge.of or occupied by you or the employer (a) "Bodily injury" or "property damage" for of any person who is an insured under this which the vendor is obligated to pay provision. damages by reasonof the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01.06 05 , NNAC,INC.!POLICY NO.52UEAHB3222 I EFFECTIVE:01/0112018-01/0112019 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from. whom.you' lease product made intentionally by the vendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you. testing, or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply: (e) Any failure to make such inspections, This insurance does not apply to: adjustments,tests or servicing as the vendor 1. Any "occurrence" which takes place after you has agreed to make or normally undertakes cease to lease that land;or to make in the usual course of business, in connection with the distribution or sale of the 2 Structural alterations, new construction or products; demolition operations performed by or on behalf - (f) Demonstration, installation, servicing or of such person or organization. repair operations,. except such operations d. Architects, Engineers or Surveyors performed at the vendor's premises. in Any architect, engineer, or surveyor, but only with connection with the sale of the product; respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf: vendor;or (1) In connection with your premises;or (h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf. its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf. However, this exclusion does not exclusion applies: apply to. This insurance does not apply to "bodily injury", , (i)The exceptions contained in Sub- "property damage" or "personal and advertising paragraphs(d)or(f);or injury" arising out of the rendering of or the failure (ii) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to including: make or normally undertakes to make in 1. The preparing,,approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys,field orders, change orders or the products. drawings and specifications;or (2) This insurance does not apply to any insured 2. Supervisory, inspection, architectural or person or organization, from whom you have engineering activities. acquired such products, or any ingredient, part e. Permits Issued ByState Or Political or container, entering into, accompanying or containing such products. Subdivisions #� LessotsZ �1*•til o tzt �s� �' K ' Any state or political subdivision, but only with y,q�,x � � ' � � �'�4 h4 �� , � � id � respect to operations performed by you or on your r44 ili n rs a t orga i7� 9 O 8 � �s �� �, ° � �._ ,r . behalf for which the state or political subdivision a e p'gen'';'\'•aitr v � �r�c�s�' , � r �Y � � �& � has issued a permit. '«' or!;oao{ 6 , s oo i,'i e e . � per for ,_ With respect to the insurance afforded these i. �, a 2 e a a seo 4 �' ''e ' ' ° ., additional insureds, this insurance does not apply i �hCe orr ; o s ®` y ar se of p `r ` ��`` s e r o to: p A z> ppersoncor;4o a r�I 9.1N'.j >. � _ .n.° � (1) :Bodily injury", property damage or 'personal (2) With respect to the insurance afforded to these _ and advertising injury" arising out of operations additional insureds this insurance does not performed for the state or municipality;or apply to any "occurrence" which takes place (2) "Bodily injury" or "property damage" included after the equipment lease expires. within the "products-completed operations hazard". HG 00 01 06 05 Page 11 of 18 • NNAC,INC./POLICY NO.52UEAHB3222I EFFECTIVE:0110112018-0110112019 f. Any Other Party c. Persons or organizations making claims or bringing Any other person or organization who is not an "suits". insured under Paragraphs a. through:e. above, but 2. General Aggregate Limit only with respect to liability for "bodily injury", The General Aggregate Limit is the most we will pay "property damage" or "personal and advertising for the sum of: injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting a. Medical expenses under Coverage C; on your behalf: b. Damages under Coverage A, except damages (1) In the performance of your ongoing operations; because of "bodily injury" or "property damage" (2) in connection with your premises owned by or included in the "products-completed operations hazard ,and rented to you;or c. Damages under Coverage B (3) In connection with "your work" and included z , 3 Pr�lucls=6', otos Aggre9ateLimit within " the products-completed operations } � , • hazard but onlyif �T e rod' E � CQm' � t bei,Q ' 9g�egafeLlmlt';` tfXos wi1:p�y pdero rage�4foclamages (a) The written contract or agreement requires � 4 ?� .;� � ag4; _ m S;- ree U�� 01 y'�.rl �V i ,i you' to provide such coverage to� such r�r� � t �, �, � .« ����opert�i�-damage ,. additional insured;and I �c � •.r ucts compjet1. x�x@ atio s (b) This Coverage Part provides coverage for "bodily injury"or"property damage" included 4. Personal and Advertising Injury Limit within the "products-completed operations Subject to 2. above, the Personal and Advertising hazard". Injury Limit is the most we will pay under Coverage B With respect to theinsurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and advertising injury"sustained by any one person or t0: organization. "Bodily injury", "property damage" or"personal and 5. Each Occurrence Limit advertising injury" arising out of the rendering of, or Subject to 2. or 3. above, whichever applies,the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services, including: of: (1) The preparing, approving, or failing to prepare a. Damages under Coverage.A;and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and d ge" drawings and specifications;or oma arising out of any one"occurrence". (2) Supervisory, inspection, architectural or 6. Damage To Premises Rented To You Limit engineering,activities. Subject to 5. above,the Damage To Premises Rented The limits of insurance that apply to additional insureds. To You Limit is the most we will pay under Coverage A under this provision is described in Section III — Limits for damages because of"property damage"to any one Of Insurance. premises, while rented to you, or in the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, while rented to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV—Commercial the owner. General Liability Conditions. In the case of damage by fire, lightning or explosion, No person or organization isan insured with respect to the. the Damage.to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations. explosion or any combination of these. SECTION III—LIMITS OF INSURANCE 7. Medical Expense Limit 1. The Most We will Pay Subject to 5. above, the Medical Expense Limit is the The Limits of Insuranceshown in the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily injury" sustained by any the number of: one person. a. Insureds; 8. How Limits Apply To Additional Insureds b. Claims made or"suits"brought;or If you have agreed in a written contract or written agreement that another person or organization be Page 12'of 18 HG 00 01 06 05 NNAC,INC.!POLICY NO.52UEAHB32221 EFFECTIVE:0110112018-0110112019 that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative. insured. 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part. follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed applies. If other insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary. If other described in c.below. insurance is also primary, we will share with b. Excess Insurance all that other insurance by the method This insurance is excess over any of the other described in c. below_ insurance, whether primary, excess, contingent or (b) Primary.And Non-Contributory To Other on any other basis: Insurance When Required By Contract (1) Your Work If you have agreed in a written contract, That is Fire, Extended Coverage, Builder's Risk, written agreement, or permit that this Installation Risk or similar. coverage for "your insurance is primary and non-contributory work"; with the additional insured's own insurance, this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance. That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied insurance to which the additional insured has by you with permission of the owner; been added as an additional insured. (3) Tenant Liability When this insurance is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "property damage" against any "suit" if any other insurer has a duty to to premises rented to :you or temporarily defend the insured against that "suit". If no other occupied se you with permission of the owner; insurer defends, we will undertake to do so, but we (4) Aircraft,Auto Or Watercraft will be entitled to the insured's rights against all those other insurers. If the loss arises out of the maintenance or use n s . When this insurance is excess over other of aircraft, "autos" or watercraft to the extent not insurance,we will pay only our share of the amount subject to Exclusion g. of Section I — Coverage of the loss, if any,that exceeds the sum of: A—Bodily Injury And Property Damage Liability; (1) The totalamount that all such other insurance (5) Property Damage to Borrowed Equipment Or Use Of Elevators would pay for the loss in the absence of this insurance;and If the loss arises out of "property damage" to (2) The total of all deductible and sew-insured borrowed equipment or the use of elevators to amounts under all that other insurance. the extent not subject to Exclusion I. of Section I - Coverage A - Bodily Injury And Property We will share the remaining loss, if any, with any Damage Liability; other insurance that is not described in this Excess (6) When You Are. Added As: An Additional Insurance provision and was not bought specifically Insured To Other to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises or operations, or products and completed If all of the other insurance permits contribution by operations, for which you have been added as equal shares,we will follow this method also. Under an additional insured by that insurance;or this approach each insurer contributes equal amounts until it has paid itsapplicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 Of 06 05 NNAC,INC.I POLICY NO.52UEAHB3222 I EFFECTIVE:0110112018.0110112019 If any of the other insurance does not permit insured will bring "suit" or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them. limits. Under this method, each insurer's share is b. Waiver Of Rights-Of ' Recarr—et (Waiver Of based on the ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. 1 If the insured has waived any rights of recovery I against any person or organization for all or part of 5. Premium Audit any payment, including Supplementary Payments, I a. We will compute all premiums for this Coverage ( we have made under this Coverage Part,we also Part in accordance with our rules and rates. i waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance ` rights of recovery against such person or premium is a deposit premium only. At the close of organization in a contract, agreement or permit that 1 each audit period we will compute the earned was.executed:prior .to the injury or damage. J1 premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and . If we decide not to renew this Coverage Part, we will . retrospective premiums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less audit premiums paid for the policy period is greater than 30 days before the expiration date. than the earned premium, we will return the excess to the first Named Insured. If notice is mailed, proof of mailing will be sufficient proof of notice. c. The first Named Insured must keep records of the SECTION V DEFINITIONS information we need for premium computation, and send us copies at such times as we may request. 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the a. When You Accept This Policy purpose of inducing the sale of goods, products or services through: By accepting this policy,you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; and complete; (2) Those statements. are based upon (3) Billboard; representations you made to.us;and (4) Magazine; (3) We have issued this policy in reliance upon your (5) Newspaper;or representations. b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution. If unintentionally you should fail to disclose all However, "advertisement"does not include: hazards relating to the conduct of your business a. Thedesign, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products;or Coverage Part because of such failure. b. An interactive conversation between or among 7. Separation Of lnsurr s persons through a computer network. Except with respect to the Limits of Insurance, and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage`, "advertisement". Part to the first Named Insured, this insurance applies. 1 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named i exposure to the actual or alleged properties of C Insured; and I asbestos and includes the mere presence of asbestos C b. Separately to each insured against whom claim is i in any form. ;made or'suit" is brought. 4. "Aute means a land motor vehicle, trailer or semitrailer for travel on 8. Transfer Of Rights Of Recovery Against Others To designedpublic roads, including any Us attached machinery or equipment. But "auto"does not a. Transfer of Rights Of Recovery include"mobile equipment". 5. "Bodily injury"means physical: If the insured has rights to recover all or part of any payment, including Supplementary Payments, we a. injury; have madeunder this Coverage. Part, those rights b. Sickness;or are transferred to us. The insured must do nothing c. Disease after loss to impair them. At our request, the sustained by a person and, if arising out of theabove, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 18 NNAC,INC.!POLICY NO.52UEAHB3223 I EFFECTIVE:0110112018.0110112019 COMMERCIAL AUTOMOBILE HA 99 16 0312 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" youdon'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 11 -Liability Coverage is amended to subsidiary inwhich 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 undera 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: i (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 anypolicy,other P Y,or i-4; an additional insured on your (d) 180 days or more after its business auto policy,such person or acquisition or formation by you, organizationis an "insured", but only unless you have given us notice of ' to the extent such person ort the acquisition or formation: organization is liable for "bociily 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 i paragraphs a. or b. of Who Is An. qi you formed or acquired the organization. r Insured with regard to they .r B. Employees as Insureds r 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 99 16 0312 of ISO Properties, Inc.,with its permission.) Page 1 of 5 NNAC,INC.I POLICY NO.52UEAHB3223 I EFFECTIVE:0110112018.0110112019 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 policyperiod, 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 If you have agreed in a written contract primary,we will share with all that other or written agreement that another insurance by the method described in person or organization be added as an Other Insurance 5.d. 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 (b) The Limits of Insurance shown in insurance is primary and we will not 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 anddescribed in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If wecover 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. (4) Duties in The.Event Of Accident; Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. We will share the remaining loss, if any, by the If you: have agreed in a written contract 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 03 12 of ISO Properties, Inc.,with its permission.) Page 2 of 5 NNAC,INC.!POLICY NO.52UEAHB3223I EFFECTIVE:01101/2018-01/0112019 (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"lose 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 q accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that, reproduces, receives or transmits. SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the - AUTO CONDITIONS that-you must notify us of time of"loss",is: an "accident"applies only when the"accident"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 $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywherein the world provided that if the pay for the expense of returning a stolen.covered "insured's"odilyiresponsibility to pay damages for "auto"to you. "bodily injury" or "property damage" is determined in a"suit,"the"suit"is brought in 10. GLASS REPAIR•-WAIVER OF DEDUCTIBLE the United states of America, the.territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to. glass damage if the !1<r QGA77pN " glass is repaired rather than replaced. *x" ;4'4 "` � 4, ���� RIGS OF�REOWERY 11. TWO OR MORE DEDUCTIBLES �� E S-TOyUS, Kofi EG° ®fi , Under Paragraph D.-DEDUCTIBLE-of SECTION 0 n Aendetl III - PHYSICAL DAMAGE COVERAGE, the °° '9 gi following-is added: K ©2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12: of ISO.Properties, Inc.,with its permission.) Page 4 of 5 •NNAC,INC.!POLICY NO.52UEAHB3223I EFFECTIVE:0110112018.01101/2019 r a 'e +o . e e' ' aye ' c.Regardless of the number of autos deemed a "Tin$t-AY':,' Co ePa zt• ' > o total loss, the most we will pay under this re • r-64?..-'. �� � ( Hybrid, Electric, or Natural Gas Vehicle jt z +aje bR.a'�s *i..4.'9 e', a for . yCoverageany �? ' � �,�� Paymentg provision for one ;ama�es��der iso , eragei rn � ., "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 an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to. "Bodily injury" means bodily injury, sickness or move the auto but does not include autos 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 CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION applies motors to move the auto, or the internal except as follows: combustion engine to charge one or more i 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 tothe 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.lf the auto isreplaced 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 paintedor 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 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 5 of 5