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18-126.00 Electric City: Mirabeau Point Park Electrical Upgrade
18—I2e' CONSTRUCTION AGREEMENT Electric City,Inc. THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley,a code City of the State of Washington("City")and Electric City,Inc.,("Contractor")jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision,tools,materials, supplies, and equipment and other items necessary for the construction and completion of the Electrical Upgrade for Mirabeau Point Park Project(the"Work")in accordance with documents described in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the"Contract Documents"),and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4, below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,state,and federal standards,codes,ordinances,regulations,and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed and shall complete the Work by September 14,2018,or as may be extended in accordance with this Agreement and the Contract Documents. 3. Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money,adding time needed for administration,engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion(as defined in the Contract Documents)which shall be in the amount of$150.00 per day. These liquidated damages are not a penalty,but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$7,071.00,plus Washington State Sales Tax of$622.25 (if applicable),for a total of$7,693.25,based on the bid submitted by Contractor(Exhibit A),and as may be adjusted in accordance with the Contract Documents. Construction Agreement—Revised 4-10-18 Page 1 of 7 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. 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 Contract Documents, City standards, City Code, state standards, or federal standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Electric City,Inc. Phone: (509)720-5000 Phone: (509) 536-1709 Address: 10210 East Sprague Avenue Address: P.O.Box 11707 Spokane Valley,WA 99206 Spokane Valley,WA 99211-1707 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state, and local laws, codes,and regulations. 8. 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 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. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage,as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&P'). If employing labor in a class not shown,Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Construction Agreement—Revised 4-10-18 Page 2 of 7 Contractor shall provide a copy of any such determinations to City. Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I,are located at the L&I website address: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue,Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in 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 Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor 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. 12.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 Contractor'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 fmal payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period,remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. Construction Agreement—Revised 4-10-18 Page 3 of 7 15.Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,Contractor may elect to have the City retain 10%of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08.010(3). 16. Insurance. Contractor 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 Contractor, its agents,representatives,or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations, stop gap liability, personal injury, advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3.Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor 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 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. Construction Agreement—Revised 4-10-18 Page 4 of 7 3.If Contractor 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 Contractor, irrespective of whether such limits maintained by Contractor 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 Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor 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 Contractor 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, Contractor shall furnish acceptable insurance certificates to City at the time Contractor 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. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. F.Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein,except Contractor shall have sole responsibility for determining the limits of coverage to be required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each and every subcontractor's commercial general liability insurance policy using an endorsement at least as broad as ISO additional insured endorsement CG 20 38 04 13. 17.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor'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. Contractor'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)Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants, and employees. Contractor's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies, City's personnel-related costs,reasonable attorneys'fees,and the reasonable Construction Agreement—Revised 4-10-18 Page 5 of 7 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. Contractor 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 Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 18.Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be 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. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may,from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 23.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 24. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties. 25. 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. Construction Agreement—Revised 4-10-18 Page 6 of 7 26.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business if it has not already done so. 27.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. 28. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work and Cost Statement B. Insurance Endorsements 1 The Parties have executed this Agreement this 4-1 — day of August,2018. CITY OF SPOKANE VALLEY: Contractor: ELECTRIC CITY,INC. 44.. eg.),( ./ tom 111 Mark Calhoun, City Manager By: Its: Authorized Repr-:- . ative ATTEST: (4)\,...t Christine Bainbridge, City Clerk -_._ APPROVED AS TO FORM: (.? Office f the ' tilt ey Construction Agreement—Revised 4-10-18 Page 7 of 7 EI ectrc.C J , Inc. Electrical Contractors Ph(509)536-6292 Fax(509)536-1709 -` P. 0.Box 11707 Spokane Valley, WA 99211-1707 ELECTCI93ORS August 1, 2018 Attn: Michael D. Stone—Spokane Valley Parks & Recreation Subject: Electrical upgrade for Mirabeau Meadows -Valleyfest We are pleased to provide the following quotation for the above referenced project. Our proposal includes labor and material as outlined below: Inclusions: 1) Provide and install 8 new circuits and breakers -to be rated at 240 volt 50amps for each 2) Provide and install surface mount EMT from panel to new location. 3) Provide and install a 8x8x36 outdoor gutter just to the right side of the man door 4) Provide and install terminal blocks in gutter for making connections to each of the power drops/dog houses needed. (Up to 8 new circuits) 5) Electrical permit with final inspection 6) Prevailing wage package—Intent and Affidavit Exclusions: 1) Sales Tax. 2) Cutting, Patching and painting. 3) Overtime charges. (work required beyond normal working hours) Approximate cost for above scope of work: Total: $7.071.00 Thank you for the opportunity to provide this quotation. If you have any questions do not hesitate to call. Sincerely, Bill Rigsby Electric City, Inc. Customer Acceptance: I hereby accept this quotation and authorize the contractor to complete the above described work. Date: �...41 ELECCIT-01 CLONGINOTTI ACORCV DATE(MM/DDNYYY) 4.------ CERTIFICATE OF LIABILITY INSURANCE 08/14/2018 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 Ne�npdorsement(s). PRODUCER NAME:CT Spokane Office PHONE 50 I(Nc,No):(509)838-3511 PayneWest Insurance,Inc. (NC,No Ext):( 9)838-3501 501 N.Riverpoint Blvd.,Ste 403 ADp ihss: Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC If INSURER A:The Cincinnati Casualty Company 28665 INSURED INSURER B: Electric City,Inc. INSURER C: PO Box 11707 INSURER D: Spokane,WA 99211 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 ADDL SUER POUCY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE r7 OCCUR X X ECP0173300 01/01/2018 01/01/2019 pREMISES(Eaoe�euErrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE URCTMp�ITAPPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X JELOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE UABIUTY (Ea acINED iccideen SINGLE LIMIT $ 1,000,000 ANY AUTO _ X X ECP0173300 01/01/2018 01/01/2019 BODILY INJURY(Per person) $ ATOS ONLY X AU%RS 1LED BODILYRRINJURY(Per acddent) $ X AUTOS ONLY X AUTO ONLY (Perr a c( ent?AMAGE $ A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESSLUIB CLAIMS-MADE ECP0173300 01/01/2018 01/01/2019 AGGREGATE $ 2,000,000 DED X RETENTIONS 10,000 $ WORKERS COMPENSATION OTH- AND EMPLOYERS'UABIUTY Y/N PER ER ANY PROPR IET gOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OMandat/M in BE EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY UMIT S A Errors&Omissions ECP0173300 01/01/2018 01/01/2019 Deductible:$500 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES`ACORD 101,Additional Remarks Schedule,may be attached if more apace Is required) The Cincinnati Insurance Company:NAIC 10677/#000258/A+XV Re:Electrical Upgrade for Mirabeau Point Park The City of Spokane Valley is additional insured as per attached form. Coverage is primary and non-contributory. Waiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation Department 2426 N.Discovery Place Spokane Valley,WA 99216 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.- PRIMARY AND NONCONTRIBU.TORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS.AUTO.COVERAGE FORM This endorsement changes the policy effective on the Inception.date of.the,policy unless another date Is indi- cated below. ^-- Endorsement Effective: 01/0112017 Policy Number: ECP0173300 Named Insured Electric City,Inc. Countersi'gnedi by: (Auiiierlted.Represeti(a#Tver With re pEid.tQ goverege provictQd by tilts QndQr$QtttQitt, the•provisions of the Coverage Form apply unless modtfted by the entctoraemertt, 4. Noncontributory Insurance SECTION IV. - BUSINESS AUTO CONDI- TIONS, B. General. Conditions,5.,Other In. surance.Is replaced by the following: c. Regardless: of the provisions of Para- graph a..above, this Coverage Form's Li- ability Coverage Is primary and we will not seek contribution from any other In- surance for any liability assumed under an.'insured.contract"that requires liability to be assumed on a primary noncon- tributory basis. AA417-411.05- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION -AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is Indi- cated below. Endorsement Effective: 1/1/2017 Policy Number: ECP0173300 Named Insured: Electric City, Inc. Countersigned by: (Authorized Represent With respect to coverage pro ded by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for 'bodily injury" or SECTION 1V - BUSINESS AUTO CONDI— 'property damage' arising out of the operation of a covered"auto" when you have assumed TIONS,A. Loss Conditions, 5. Transfer of liability for such 'bodily injury" or 'property Rights of Recovery Against Others to Us is damage' under an "insured contract', pro- amended by the addition of the following: vided the 'bodily injury" or"property damage" We waive any right of recovery we may have occurs subsequent to the execution of the"in- against any person or organization because sured contract'. AA4172 09 09 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies Insurance provided under the following; BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the pricy ur:oss another date is incl• rated below, Endorsement EffecUve:1-1-2017 Palsy Number: ECP0173300 Named Insured:Electric City,Inc. Countersigned by: ti)I4,14.-4 - (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply usess modified by the endorsement SEC'T'ION II - LIABILITY COVERAGE, A. Cover- age, I.Who is an Insured s amended to Include as an Insured any person or organization win; which you have agreed In a valid written contract to provide insurance as is afforded by tss policy This provison is (Wiled to the scope of the valid written contract. This provision does not appy unless the valid written contract has been executed prior to the "bodily Injury'or'properly damage" • AA4171 I: OS COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict ' SUPPLEMENTARY PAYMENTS - COV- this insurance. Read the entire Coverage Part ERAGES A AND B. carefully to determine rights, duties and what is b. This insurance applies to "bodily injury" and is not covered. and"property damage"only If: . . Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in (1) The "bodily injury".or "property dam- the Declarations,and any other person.or organi- age" is caused by an "occurrence" zation qualifying as a Named Insured under this that takes place in the"coverage ter- Coverage Part. The words "we", "us" and "our" ritory"; refer to the Company providing this insurance. (2). The "bodily injury" or "property dam- The word "insured" means any person•or organi- age" occurs during the policy period; zation qualifying as such under SECTION II-WHO • IS AN INSURED. (3) Prior to the "coverage term" in which Other words and phrases that appear in quotation "bodily Injury" or "property damage" • marks have special meaning. Refer to SECTION occurs, you did not know, per Para- • V-DEFINITIONS. • graph 1.d. below, that the °bodily in- • jury" or "property damage" had oc- SECTION I-COVERAGES cuffed or had begun to occur, in COVERAGE A. BODILY INJURY AND PROP- whole or in part. ERTY DAMAGE LIABILITY c. "Bodily injury" or "property damage" •. • 1. Insuring Agreement ' which: • (1) Occurs during the "coverage term"; a. We will pay those sums that the insured and • becomes legally obligated to pay as • damages because of "bodily injury" or (2) Was not, prior to the "coverage • "property damage" to. which this insur- term", known by you, per Paragraph . ance applies. We will have the right and 1.d.below,to have occurred; duty"to defend the insured against any includes any continuation, change or re- we will have no ose adefendes. othe in- sumption of that "bodily injury" or "prop- sured against any "suit" seeking dam- • erty damage" after the end of the "cover- ages for"bodily injury" or "property dam- age term" in which it first became known age" to which this insurance does not by you. apply. We may,at our discretion, investi- d. You will be deemed to know that "bodily gate• any "occurrence" and settle any injury" 'or "property damage" has 'oc- • claim or"suit"that may result. But: curred at the earliest time when any (1) The amount we will pay for damages "authorized representative": .is limited as described in SECTION (1) •Reports•all,or any part,of the"bodily • Ill-LIMITS OF INSURANCE;and injury"or"property damage" to us or • (2) Our right and duty to defend ends any other insurer; . when we have used up the applica- (2) Receives a written or verbal demand ble limit of insurance in the payment or claim for damages because of the of judgments or settlements under "bodily injury"or"property damage"; • SECTION I - COVERAGES,.COV- ERAGE A. BODILY INJURY AND (3) First observes, or reasonably should PROPERTY DAMAGE LIABILITY; have first observed, the "bodily in- : SECTION I - COVERAGES,. COV- . jury"or"property damage"; ERAGE B. PERSONAL AND AD- VERTISING INJURY -LIABILITY; or (4) should have become aware, by anBecomes aware, or reasonably • medical expenses under SECTION I means other than-as described in(3)COVERAGES, COVERAGE C. • MEDICAL PAYMNTS. 'above, that "bodily injury" or "prop- • erty damage" had occurred or had No other obligation or liability to pay sums begun to occur;or •or perform acts or services is covered • unless expressly provided for under (5) Becomes aware, or reasonably should have become aware, of • Includes copyrighted material of Insurance GA 101.12 04 Services Office,Inc.,with its permission. Page 1 of 22 • condition from which "bodily Injury" (3) Any statute, ordinance or regulation or"property damage" is substantially relating to the sale, gift, distribution certain to occur. or use of alcoholic beverages. e. Damages because of "bodily injury" in- This exclusion applies only if you are in dude damages claimed by any person or the business of manufacturing, distribut- organization for care, loss of services or ing,selling,serving or furnishingalcoholic death resulting at any time from the "bod- beverages. 11y injury". d. Workers' Compensation and Similar 2. Exclusions Laws This insurance does not apply to: Any obligation of the insured under a . workers'compensation, disability benefits a. Expected or Intended Injury or unemployment compensation law or "Bodily injury" or "property damage" any similar law. which may reasonably be expected to re- e. Employer's Liability suit from the intentional or criminal acts of the insured or which is in fact expected or "Bodily injury"to: • intended by the insured,even if the injury An "employee" of the insured or damage is of a different degree or type (1) twined in the"workplace"; sus- than actually expected or intended. This • exclusion does not apply to "bodily injury" (2) An "employee"of the insured arising resulting from the use of reasonable force out of the performance of duties re- to protect persons or property. laud to the conduct of the insured's • b. Contractual Liability business;or "Bodily injury" or "property damage" for (3) The spouse,child, parent, brother or which the insured is obligated to pay . sister of that"employee"as a conse- damages by reason of the assumption of • .quence of Paragraphs (1) or (2) liability in a contract or agreement. This above. exclusion does not apply to liability for This exclusion applies: • damages: (1) Whether the insured may be liable (1) That the insured would have in the as an employer or in any other ca- absence of the contract or agree- . pacity;and ment;or (2) To any obligation to share damages (2) Assumed in a contract or agreement • with or repay someone else who that is an "insured contract", pro- must pay damages because of the vided the "bodily injury" or "property . injury. damage" occurs subsequent to the execution of the contract or agree- This exclusion does not apply to liability ment. When a claim for such "bodily• assumed by the insured under an "in-. injury" or "property damage" is sured contract". made,we will defend that claim pro- f. Pollutant vided the insured has assumed the - obligation to defend such claim in the (1) "Bodily injury" or "property damage" "insured contract". Such defense arising out of the actual, alleged or •payments will not reduce the limits of threatened discharge, dispersal, insurance. seepage, migration, release, escape c. Liquor Liability or emission of"pollutants": . "Bodily Injury" or "property damage" for (a) At or from any premises, site or which any insured may be held liable by location which is or was at any reason of: time owned-or occupied by, or rented-or loaned to,any insured. • (1) Causing or contributing to the intoxi- • However, Paragraph (a) does • cation of any person; not apply to: (2) The furnishing of alcoholic bever- i) "Bodily injury"to any person ages to a person under the legal injured while on any prem- drinking age or under the influence ises, site or location owned • of alcohol;or or occupied by,or rented or loaned to,you provided: Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 2 of 22 a) 'The injury is caused by airborne irritants or con- the inadequate vanilla- taminants used In'a manu- tion of vapors; facturing process or which b) The person injured is of any roduct or by-producto y g proc- first exposed to such ess; • vapors during the poi- . icy period;and2) "Bodily injury" or "property damage"for which you may c) Within 30 days of such • be held liable, if you are a first exposure, the per- contractor, and the owner son injured is clinically or lessee of such premises, diagnosed or treated . site or location has been • by a physician for the added to this Coverage Part medical condition as an additional insured caused by the expo- with respect to your ongo- sure to such vapors. Ing operations or "your However, Paragraph c) work" performed for that • does not apply if the additional insured at that "bodily injury"is caused premises, site or location • by vapors produced by and such premises, site or or originating from location is not and never equipment that is used was owned or occupied by, to heat, cool or dehu- ' or rented or loaned to, any midify the building, or insured, other than that ad- equipment that is used ditional insured;or to heat water for per- • . sonal use, by the .3) "Bodily injury" or "property building's occupants or damage"arising out of heat, their guests. • smoke or fumes from a "hostile fire"; This exception 1) shall ap- . ply only to Named Insureds; (b) At or from any premises, site or we shall .have no duty to location which is or was at any defend or pay damages for time used by or for any insured • any person or organization or others for the handling, stor- that is not a Named In- age, disposal, processing or sured. However, this para- treatment of waste; graph does not apply if the "bodily injury" is caused by (c) Which are or were at any time vapors produced by or transported, handled, stored, •• originating from equipment treated, disposed of, or proc- that is used to heat, cool or essed as waste by or for: dehumidify the building, or 1) • Any insured;or equipment that is used to • heat water for personal use, 2) Any person or organization by the building's occupants for whom you may be le- • or their guests, gaily responsible; . For the purpose of the ex- (d) At or from any premises, site or • caption granted in Para- location on which any insured or graph 1) only, vapors .any contractors or subcontrac- means any gaseous or air- tors working directly or indirectly borne irritant or airborne -, . on any insured's behalf are • contaminant, including performing operations if the smoke, fumes, vapor or "pollutants" are brought on or to soot, but excluding asbes- the premises, site or location in tos, which is discharged, connection with such operations dispersed, emitted, re- by such insured, contractor or leased or escapes from subcontractor. However, Para- materials, machinery or graph(d)does not apply to: equipment used in the 1) "Bodily "property • service or maintenance of damage"inor the premises. Vapors doesarising out of the not mean any gaseous or discharge, dispersal, seep- age, migration, release, es- Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 3 of 22 cape or emission of fuels, orations are to test for, monitor, • lubricants or other operating clean up, remove,contain,treat, fluids, or exhaust gases, detoxify or neutralize, or in any which are needed to per- way respond to, or assess the form, or are the result of, effects of,"pollutants". . the normal electrical, hy- draulic or mechanical func- (2) Any loss, cost or expense arising out of any: tions necessary for the op- oration of "mobile equip- (a) Request, demand, order or ment" or its parts, if such statutory or regulatory require- fuels, lubricants or other ment that any insured or others operating.fluids, or exhaust • test for, monitor, clean up, re- gases,-escape, seep or mi- move, contain, treat, detoxify or • grate, or are discharged, - neutralize, or in any way re- dispersed, released or spond to, or assess the effects •emitted from a vehicle part of,"pollutants";or designed to hold, store or receive them. This excep- (b) Claim or suit by or•on behalf of a tion does not apply if the fu- governmental authority for dam- • els, lubricants or other op- ages because of testing for, • orating fluids, or exhaust monitoring, cleaning up, remov- gases, escape, seep or mi- ing, containing, treating, detoxi- • • grate, or are discharged, fying or neutralizing, or in any dispersed, released or way responding to,or assessing emitted with the intent to the effects of,"pollutants". • cause "bodily injury" or "property damage" or with However, Paragraphs (2)(a) and (b) the knowledge that "bodily do not apply to liability for damages injury"or"property damage" • •because of "property damage" that . is substantially certain to the insured would have in the ab- 'occur, or if such fuels, lubri- sence of such request, demand, or- cants or other operating dor or statutory or regulatory re- fluids, or exhaust gasps, quirement, or such claim or "suit" by are brought on or to the or on behalf of a governmental premises, site or location authority. • with such intent to escape, g. Aircraft,Auto or Watercrat seep or migrate, or be dis- charged, dispersed, re- "Bodily injury"or "property damage" aris- . leased or emitted as part of ing out of the ownership, maintenance, the operations being per- use or entrustment to others of any air- formed by such insured, • craft, "auto" or watercraft owned or oper- contractor or subcontractor; ated by or rented or loaned to any in- sured. Use includes operation and 2) "Bodily injury" or "property "loading or unloading". damage" sustained within a building and caused by the This exclusion applies even if the claims release of gases, fumes or against any insured allege negligence or • vapors from materials . other wrongdoing in the supervision, hir- • • brought into that building in ing,employment,training or monitoring of connection with operations others by that insured,if the "occurrence" • • being performed by you or which caused the "bodily injury" or"prop- on your behalf by a con- arty damage" involved the ownership, tractor or subcontractor;or maintenance, use or entrustment to oth- . ars of any aircraft, "auto" or watercraft 3) "Bodily injury" or "property • that is owned or operated by or rented or damage"arising out of heat, loaned to any insured. • smoke or fumes from a • "hostile fire";or This exclusion does not apply to: (e) At or from any premises, site or (1) A watercraft while ashore on prem- location on which any insured or Ises you own or rent; any contractors or subcontrac • - tors working directly or indirectly (2) A watercraft you do not own that is: on 'any insured's behalf are (a) Less than 51 feet long;and • performing operations if the op- • Includes copyrighted material of insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 4 of 22 • (b) Not belno used to carry persons governmental authority in hindering or property for a charge; or defending against any of these. (3) Parking an "auto"on,or on the ways • j. Damage to Property . next• • provided "" the you s not owned by • "Property damage"to: or rented.or loaned to you or the in- (1) Property you own, rent or occupy, sured; including any costs or expenses in- (4) Liability assumed under any"insured curred by you, or any other person, contract" for the ownership, mainte- organization or entity, for repair, re- nance.or use of aircraft or watercraft; placement, enhancement, restora- •or tion or maintenance of such property • for any reason, including prevention (5) "Bodily injury" or "property damage" of injury to a person or damage to arising out of: another's property; • (a) The operation of machinery or (2) Premises you sell, give away or equipment that is on, attached abandon, if the "property damage" to, or part of, a land vehicle that arises out of any part of those prem- . would qualify under the defini- ises; tion of "mobile equipment" if it • were not subject to a compul- (3) Property loaned to you; sory or financial responsibility (4) Personal property in the care, cus- law or other motor vehicle insur- tody or control of an insured; ance law in the state where it is licensed or principally garaged; (5) That particular part of real property or • on which you or any contractors or • subcontractors working directly or (b) The operation of any of the ma- indirectly on your behalf are per- chinery or equipment listed in forming operations, if the "property Paragraph f.(2) or f.(3) of the damage" arises out of those opera- - definition of"mobile equipment". tions;or h. Mobile Equipment (6) That particular part of any property • . "Bodily injury" or"property damage" aris- that must be restored, repaired or ing out of: replaced because "your work" was incorrectly performed on it. (1) The transportation of "mobile 1 equip- hs equip- ment by an "auto" owned or oper- Paragraphs ( ), (3) and (4) of this exclu- • • . ated by or rented or leaned to any sion do not apply to "property damage" insured;or (other than damage by fire or explosion) to premises, including the contents of (2). The use of"mobile equipment" in, or such premises, rented to you for a period • while in practice for, or while being of 7 or fewer consecutive days, for which • prepared for, any prearranged rac- the amount we will pay is limited to the ing, speed, demolition,.or stunting Damage To Premises Rented To You activity. • Limit as described in SECTION III - LIM- ITS OF INSURANCE. i. War "Bodily injury" or "property damage", Paragraph (2) of this exclusion does not apply if the premises are. your work" and • however caused, arising, directly or indi- were never occupied, rented or held for rectly,out of: •rental by you. • • • (1) War, including undeclared or civil Paragraphs (3),(4),(5)and(6)of this ex- war; clusion do not apply to liability assumed (2) Warlike action by a military force, in- under a sidetrack agreement cluding action in hihdering or de- Paragraph (6) of this exclusion does not fending against an actual or ex- .apply to "property damage" included in • pected attack, by any government, the "products-completed operations haz- . sovereign or other authority using and". • military personnel or other agents;or k. Damage to Your Product (3) Insurrection, rebellion, revolution, • . usurped power, or action taken by "Property damage" to "your product" arising out of it or any part of it. • Includes copyrighted material of Insurance GA 101 12 04 . Services Office,Inc.,with its permission. Page 5 of 22 • I. Damage to Your Work q. Employment-Related Practices • "Property damage" to "your work" arising "Bodily injury"to: . out of it or any part of it and included in • (1) A parson arising out of any: the "products-completed operations haz- ard". (a) Refusal to employ that person; This exclusion does not apply if the dam- (b) Termination of that person's. aged work or the work out of which theemployment;or damage arises was performed on your behalf by a subcontractor. (c) Other employment-related prac- • tices, policies,acts or omissions • m. Damage to Impaired Property or Prop- including but not limited to coer- erty Not Physically Injured cion, criticism, demotion, "Propertydamage" property" reassignmevaluationent,failure discipline, defa- to impaired or property that has not been physically mation, harassment, humiliation inured,arising out of: or discrimination directed at that (1) A defect, deficiency, inadequacy or • person;or dangerous condition in "your prod- (2) The spouse,child, parent, brother or • uct"or'your work";or • sister of that person as a conse- • (2) A delay or failure by you or anyone quance of :'bodily injury" to that per- acting on your behalf to perform a son at whom any of the employment- contract or agreement in accordance related practices described in Para- with its terms. graphs (a), (b) or (c) above is di- • rected. This exclusion does not apply to the loss • • of use of other property arising out of This exclusion applies: sudden and accidental physical injury to "your product" or "your work" after it has (1) Whether the insured may be liable been put to its intended use. as an employer or in any other ca- pacity;and n. Recall of Products, Work or Impaired (2) To any obligation to share damages Property with or repay someone else who .Any liability or damages claimed for any must pay damages because of the loss, cost or expense incurred by you or injury. others for the loss of use, withdrawal, re- r. Additional Insured Prior Knowledge call, inspection, repair, replacement, ad- justment,removal or disposal of: An additional insured added by attach- (1) "Your product"; • ment of an endorsement to this Coverage Part that is seeking coverage for a claim (2) "Your work";or or "suit", if that additional insured knew, per the following paragraph, that "bodily (3) "Impaired property"; injury" or "property damage" had oc- if such product, work or property is with- curred or had begun to occur, in whole or drawn or recalled from the market or from in part, prior to the "coverage term" inwhich such "bodily injury" or "property use by any person or organization be- cause of a known or suspected defect, damage"occurs or begins to occur. deficiency, inadequacy or dangerous An additional insured added by attach- condition in it ment of an endorsement to this Coverage o. Personal and Advertising Injury Part will be deemed to have known that "bodily injury" or "property damage" has "Bodily injury"arising out of"personal and occurred or has begun to occur at the advertising injury". earliest time when that additional insured, or any one of its owners, members, part- p. Asbestos ners, managers, executive officers, "em- • "Bodily injury" or "property damage" aris- ployees" assigned to manage that add- ing out of, attributable to, or any way re- "employees" assigned to give or receive lated to asbestos in any form•or trans- " �. " notice of an occurrence , personal and miffed in any manner. advertising injury"offense,claim or"suit": Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 6 of 22 • . • (1) Reports all,or any part,of the "bodily a. We will pay those sums that the insured injury"or"property damage" to us or becomes legally obligated to pay as any other insurer; • damages because of "personal and ad- •(2) Receives a written or verbal demand vertising injury" to which this insurance applies. We will have the right and duty or claim for damages because of the to defend the insured against any "suit" "bodily Injury"or"property damage"; seeking those damages. However, we (3) First observes, or reasonably should will have no duty to defend the insured have first observed, the "bodily in- against any "suit" seeking damages for jury"or"property damage"; "personal and advertising injury" to which • this insurance does not apply. We may, (4) Becomes aware, or reasonably at our discretion, investigate any offense should have become aware, by any and settle any claim or "suit"that may re- means other than as described in(3) suit. But: above, that "bodily injury" or "prop- erty damage" had occurred or had (1) The amount we will pay for damages begun to occur;or is limited as described in SECTION lil-LIMITS OF INSURANCE;and (5) Becomes aware, or reasonably should have become aware, of a (2) Our right and duty to defend ends condition from which "bodily injury" when we have used up the applica- or"property damage"is substantially ble limit of insurance in the payment certain to occur. of judgments or settlements under SECTION I - COVERAGES, COV- s. OVs. Electronic Data ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIUTY; Damages arising out of the loss of, loss SECTION I - COVERAGES, COV- of use of, damage to, corruption of, In- ERAGE B. PERSONAL AND AD- ability to access,or inability to manipulate VERTISING INJURY LIABIUTY; or "electronic data". medical expenses under SECTION • t. Distribution of Material in Violation of - COVERAGES, COVERAGE C. Statutes • MEDICAL PAYMENTS. "Bodily injury" or"property damage" aris- No other obligation or liability to pay sums ing directly or indirectly out of any action or perform acts or services is covered or omission that violates or is alleged to unless expressly provided for under violate: SUPPLEMENTARY PAYMENTS - COV ERAGES A AND B. a. The Telephone Consumer Protection b. This insurance applies to Act (TCPA), including any amend- pp "personal and ment of or addition to such law;or advertising injury"only if: b. The CAN-SPAM Act of 2003, includ- (1) The "personal and advertising injury" ing any amendment of or addition to is caused by an offense arising out such law;or of your business;and c. Any statute, ordinance or regulation, (2) The "personal and advertising injury" other than the TOPA or CAN-SPAM offense was committed in the "coy- Act of 2003,that prohibits or limits the erage territory" during the policy pe- sending, transmitting, communicating riod;and or distribution of material or informa- (3) Prior to the "coverage term" in which tion. the "personal and advertising injury" Exclusions c. through q. do not apply to offense is committed, you did not "property damage" by fire or explosion to know,per Paragraph 1.d.below,that • premises while rented to you or temporarily the offense had been committed or occupied by you with permission of the owner, had begun to.be committed,in whole for which the amount we will pay is limited to - or in part. the Damage to Premises Rented To You Limit c. "Personal and advertising injury" caused as described in SECTION III - LIMITS OF IN- by an offense which: SURANCE; COVERAGE B. PERSONAL AND ADVERTISING (1) Was committed during the "coverage INJURY LIABILITY term";and 1. Insuring Agreement • Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 7 of 22 (2) Was not, prior to the "coverage (1) The inception of this Coverage Part; term", known by you, per Paragraph or 1.d.below,to have been committed; (2) The "coverage term" in which insur- includes any continuation, change or re- ance coverage is sought sumption of that offense after the end of d. Criminal Acts the "coverage term" in which it first be- came known by you. "Personal and advertising injury" arising • d. You will be deemed to know that a "per- out of a criminal act committed by or at sonal and advertising injury" offense has the direction of the insured. been committed at the earliest time when e. Contractual Liability any"authorized representative": "Personal and advertising injury" for (1) Reports all, or any part, of the "per- which the insured is obligated to pay sonal and advertising injury" to us or damages by reason of the assumption of any other insurer; liability in a contract or agreement. This (2) Receives a written or verbal demand • exclusion does not apply to liability for or claim for damages because of the damages: "personal and advertising injury"; (1) That the insured would have in the (3) First observes,or reasonably should absence of the contract or agree- have first observed, the offense that menta or caused the "personal and advertis- (2) Assumed in a contract or agreement " "insured injury"; that is an contract , pro- vided the "personal and advertising (4) Becomes aware, or reasonably should have become aware, by any injury" is caused by or arises out of means, other than as described in an offense committed subsequent to (3)above,that the offense had been the execution of the contract or committed or had begun to be com- agreement. When a claim for such mitted;or "personal and advertising injury" is made,we will defend that claim, pr (5) Becomes aware, or reasonably vided the insured has assumed the • should have become aware, of a obligation to defend such claim in the condition from which "personal and "insured contract". Such defense advertising injury" is substantially payments will not reduce the limits of • certain to occur. insurance. 2. Exclusions f. Breach of Contract This insurance does not apply to: "Personal and advertising injury" arising out of a breach of contract, except an im- a. Knowing Violation of Rights of Another plied contract to use another's advertising • "Personal and advertising injury" caused idea in your"advertisement". by or at the direction of the insured with . g. Quality or Performance of Goods - the knowledge that the act would violateFailure to Conform to Statements the rights of another and would inflict "personal and advertising injury". "Personal and advertising injury" arising out of the failure of goods, products or b. Material Published With Knowledge of services to conform with any statement of Falsity quality or performance made in your "ad- "Personal and advertising injury" arising vertisement". out of oral or written publication of mats- h. Wrong Description of Prices vial,if done by or at the direction of the in- sured with knowledge of its falsity. "Personal and advertising injury" arising out of the wrong description of the price c. Material Published Prior to Coverage of goods, products or services stated in Term your"advertisement". "Personal and advertising injury" arising i. Infringement of Copyright, Patent, out of oral or written publication of mate- Trademark or Trade Secret rial whose first publication took place be- . fore the later of the following: "Personal and advertising injury" arising out of the infringement of copyright, pat- Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 8 of 22 • ent, trademark, trade secret or other in- • or discrimination directed at that tellectual property rights. person;or However,this exclusion does not apply to (2) The spouse,child, parent, brother or - infringement, in your "advertisement", of sister of that person as a conse- copyright,trade dress or slogan. quence of "personal and advertising • Insureds in Media and Internet Type injury"to that person at whom any of j. yp the employment-related practices Businesses described in Paragraphs (a), (b) or "Personal and advertising injury" corn- (c)above is directed. miffed by an insured whose business is: This exclusion applies: (1) Advertising, broadcasting, publishing *(1) Whether the insured may be liable . or telecasting; as an employer or in any other ca- (2) Designing or determining•content of pacity;and web-sites for others;or (2) To any obligation to share damages (3) An Internet search, access, content with or repay someone else who • or service provider. must pay damages because of the • . • injury. • However,this exclusion does not apply to n. Pollutant Paragraphs 17. a., b. and c.of personal and advertising injury" under SECTION V "Personal and advertising injury" arising -DEFINITIONS. out of the actual, alleged or threatened For the purposes of this exclusion, the discharge,dispersal, seepage,.migration, placing of frames, borders or links,or ad- release, escape or emission of "poliut- vertising, for you or others anywhere on ahts"at any time. the Internet is not, by itself, considered o. Pollutant-Related the business of advertising,broadcasting, publishing or telecasting. Any loss, cost or expense arising out of • k. Electronic Chatrooms or Bulletin any: • Boards (1) Request, demand, order or statutory • Personal and advertising injuryarising or regulatory requirement that any insured or others test for, monitor, out of an electronic chatroom or bulletin • clean up, remove, contain, treat, board any insured hosts, owns, or over detoxify or neutralize, or in any way • which any insured exercises control. respond to, or assess the effects of, I. Unauthorized Use of Another's Name "pollutants";or or Product . (2) Claim or suit by or on behalf of a "Personal and advertising injury" arising governmental authority for damages • out of the unauthorized use of another's because of testing for, monitoring, • name or product in your e-mail address, cleaning up, removing, containing, domain name or metatag, or any other treating, detoxifying or neutralizing, • similar tactics to mislead another's poten- • or in any way responding to, or as- tial customers. sassing the effects of,"pollutants". m. Employment Related Practices p. Asbestos • • "Personal and advertising injury"to: "Personal and advertising injury" arising out of, attributable to,or any way related • (1) A person arising out of any: to asbestos in any form or transmitted in (a) Refusal to employ that person; any manner. (b) Termination of that person's q. Additional Insured Prior Knowledge . employment;or An additional insured added by attach- prac- . ment of an endorsement to this Coverage (c) Other tices, employment-related acts or omissions Part that is seeking coverage for a claim or "suit", if that additional insured.knew, . including but not limited to coer- per the following paragraph, that a "per- cion, criticism, demotion, sonal and advertising injury" offense had evaluation, failure to promote, been committed or had begun to be reassignment, discipline, defa- committed,in whole or in part, prior to the mation, harassment, humiliation "coverage term" in which such offense Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 9 of 22 was committed or began to be commit- "Personal and advertising injury" arising ted. irectly or indirectly out of any action or • omission that violates or is alleged to • An additional insured added by attach- violate: ment of an endorsement to this Coverage Part will be deemed to have known that a - a. The Telephone Consumer Protection "personal and advertising injury" offense Act (TOPA), including any amend- has been committed or has begun to be ment of or addition to such law;or committed at the earliest time when that b. The CAN-SPAM Act of 2003, includ- additional insured, or any one of its own- ing any amendment of or addition to ers, members, partners, managers, ex- ecutive officers, "employees" assigned to such law;or manage that additional insured's insur- c. Any statute, ordinance or regulation, ance program, or "employees" assigned other than the TCPA or CAN-SPAM to give or receive notice of an "occur- • Act of 2003,that prohibits or limits the rence", "personal and advertising injury" sending, transmitting, communicating offense,claim or"suit": or distribution of material or•informa- (1) Reports all, or any part, of the "per- tion. • sonal and advertising injuryto us or COVERAGE C.MEDICAL PAYMENTS any other insurer; (2) Receives a written or verbal demand 1. Insuring Agreement . or claim for.damages because of the a. We will pay medical expenses as de- "personal and advertising injury"; scribed below for "bodily injury" caused by an accident: (3) First observes, or reasonably should have first observed, the offense that (1) On premises you own or rent; caused the "personal and advertis- (2) On wa• ys next to premises you own ing injury'; or rent;or (4) Becomes aware, or reasonably (3) Because of your operations; • should have become aware, by any means other than as described in (3) provided that: above,that the "personal and adver- tising injury" offense had been com- (1) The accident takes place in the mitted or had begun to be commit- "coverage territory" and during the ted;or policy period; (5) Becomes aware, or reasonably (2) •The expenses are Incurred and re- should have become aware, of a ported to us within three years of the condition from which "personal and date of the accident;and advertising injury" is substantially (3) The injured person submits to certain.to occur. ex- amination,at our expense, by physi- r. War clans of our choice as often as we reasonably require. "Personal and advertising injury", how- ever caused,arising,directly or indirectly, b. We will make these payments regardless out of: of fault These payments will not exceed • the applicable limit of insurance. We will (1) War, including undeclared or civil pay reasonable expenses for: • war; (1) First aid administered at the time of (2) Warlike action by a military force, in- an accident; cluding action in hindering or de- fending against an actual or ex- (2) Necessary medical, surgical, x-ray pected attack, by any government, and dental services, including pros- • sovereign or other authority using thetic devices;and military personnel or other agents;or • (3) Necessary ambulance, hospital, (3) Insurrection, rebellion, revolution, professional nursing and funeral usurped power, or action taken by services. • governmental authority in hindering 2. Exclusions or defending against any of these. s. . Distribution of Material in Violation of We will not pay expenses for"bodily injury": • • Statutes includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 10 of 22 a. Any Insured eluding actual loss of earnings up to $250 a To any insured, except "volunteer work- day because of time off from work. . . • ers". ' 5. •All costs taxed against the insured in the b. Hired Person "suit". • To a erson hired to do work for or on 6. Prejudgment interest awarded against the P insured on that part of the Judgment we be- behalf of any insured or a tenant of any • come obligated to pay and which falls within insured. the applicable limit of insurance. If we make c. Injury on Normally Occupied Premises an offer to pay the applicable limit of insur- ance,we will not pay any prejudgment interest To a person injured on that part of prem- based on that period of time after the offer. ises you own or rent that the person nor- mally occupies. 7. All interest on the full amount of any judgment • that accrues after entry of the judgment and d. Workers' Compensation and Similar before we have paid, offered to pay, or de- • Laws posited in court the part of the judgment that To a person, whether or not an "em- is within the applicable limit of Insurance. ployee" of any insured, if benefits for the These payments will not reduce the limits of insur- 6odily injury" are payable or must be ants. •• •provided under a workers'compensation' • SECTION II-WHO IS AN INSURED or disability benefits law or a similar law. • • e. Athletic Activities 1. If you are designated in the Declarations as: • To any person injured while officiating, a. An individual, you and your spouse are • coaching, practicing for, instructing or insureds, but only with respect to the . participating in any physical exercises or conduct of a business of which you are games,sports,or athletic contests or ex-. the sole owner. hibitions of an athletic or sports nature. b. A partnership or joint venture,you are an • f. Products-Completed Operations Haz- insured. Your members, your partners, • and - and their spouses are also insureds, but • only with respect to the conduct of your Included within the "products-completed business. operations hazard". c. A limited liability company, you are an in- • g._ Coverage A Exclusions sured. Your members are also insureds, Excluded under COVERAGE A. BODILY but only with respect to the conduct of Your business. Your managers are in- INJURY AND PROPERTY DAMAGE LI- INJURY sureds, but only with respect to their du- • • ties as your managers. • SUPPLEMENTARY PAYMENTS - COVERAGES d. An organization other than a partnership, A AND B • joint venture or limited liability company, We will pay, with respect to any claim we investi- you are an insured. Your"executive offi- gate or settle,or any "suit" against an insured we vers"and directors are insureds, but only defend: with respect to their duties as your offi- • cers Or directors. Your stockholders are 1. All expenses we incur. also Insureds, but only with respect to 2. • Up to$250 for cost of bail bonds required be- their liability as stockholders. cause of accidents or traffic law violations e. A trust,you are an insured. Your trustees arising out of the use of any vehicle to which • ars also insureds,but only with respect to the Bodily Injury Liability Coverage applies. • their duties*as trustees. . We do not have to furnish these bonds. 2. Each of the following is also an insured: • 3. The cost of bonds to release attachments,but a. Your "volunteer workers" onlywhile per- only for bond amounts within the applicable forming duties related to thconduct of limit of insurance. We do not have to furnish these bonds. your business, or your "employees", • other than either your"executive officers 4. All reasonable expenses incurred by the in- (if you are an organization other than a sured at our request to assist us in the inves- partnership,joint venture or limited liability •• tigation or defense of the claim or "suit", in- company or your managers(if ou are a limited liability company), but only for acts • within the scope of their employment by Includes copyrighted material of Insurance . GA 101 12 04 Services Office,Inc.,with its permission. - Page 11 of 22 • you or while performing duties related to d. Your legal representative if you die, but the conduct of your business. However, only with respect to duties as such. That none of these "employees" or "volunteer representative will have all your rights . workers"are insureds for: and duties under this Coverage Part. (1) "Bodily injury" or "personal and ad- 3. Any organization you newly acquire or form, vertising injury": other than a partnership, joint venture or u Un- ited liability company, and over which you (a) To you, to your partners or maintain ownership or majority interest, will • members (if•you are a partner- qualify as a Named Insured if there is no other ship or joint venture), to your similar insurance available to that organize- • members (if you are a limited li- tion. However: ability company), •to a co- • "employee" while in the course a. Insurance under this provision is afforded of his or her employment or only until the 90th day after you acquire performing duties related to the or form the organization or the end of the conduct of your business, or topolicy period,whichever is earlier; • your other "volunteer workers" b. COVERAGE A. BODILY INJURY AND while performingduties related PROPERTY DAMAGE LIABILITY does - to the conduct of your business; not apply to "bodily injury" or "property • (b) To the spouse, child, parent, damage" that occurred before you ac- brother or sister of that co- quired or formed the organization;and "employee" or "volunteer• C. COVERAGE B. PERSONAL AND AD- worker as a consequence of VERTISING INJURY LIABILITY does not Paragraph{i)(a)above; apply to "personal and advertising injury" • (c) For which there is any obligation arising out of an offense committed be- to share damages with or repay fore you-acquired or formed the organi- someone else who must pay zatlon. damages because of the injury No person or organization is an.insured with .re- described in Paragraphs (1)(a) spect to the conduct of any current or past part- nership,(b) joint venture or limited liability•company • (d) Arising out of his or her provid- that is not shown as a Named Insured in the Dec- ing or failing to provide profes- !orations. • sional health care services. SECTION III-LIMITS OF INSURANCE (2) "Property damage"to property: 1. The Limits of Insurance shown in the Declara- (a) Owned,occupied or used by;or tions and the rules below fix the most we will • pay regardless of the number of: - (b) Rented to, in the care, custody or control of, or over which a. Ih?ureds; physical control is being exer- cised for any purpose by, b. Claims made or"suits"brought;or you, any of your "employees", "vol- c. Persons or organizations making claims •unteer workers", any partner or or bringing"suits". . member (if you are a partnership or • 2. a. The General Aggregate Limit is the most joint averlitedHaor bil ability com amember (iff you we will pay for the sum of: are (1) Medical expenses under COVER- • b. Any person (other than your "employee" AGE C.MEDICAL PAYMENTS; • or "volunteer worker"), or any organiza- tion while acting as your real estate man- (2) Damages under COVERAGE A. ager. . BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- e. Any person or organization having proper ages because of "bodily injury" or temporary custody of your property if you "property damage" included in the die,but only: "products-completed operations (1) With respect to liability arising out of hazard";and • the maintenance or use of that prop- (3) Damages under COVERAGE B. erty;and PERSONAL AND ADVERTISING • (2) Until your legal representative has INJURY LIABILITY. been appointed. This General Aggregate Limit will not ap- • ply if either the Location General Aggro- • Includes copyrighted material of Insurance GA 101 12 04Services Office,Inc.,with its permission. Page 12 of 22 gate Limit of Insurance, Paragraph 2.b., your behalf at the same location for or the Construction Project General Ag- the same persons or organizations, gregate Limit of Insurance, Paragraph no matter how often or under how 2.c.applies. many different contracts, will be . b. A separate Location General Aggregate deemed to be a single construction Limit of Insurance,equal to the amount of project. the General Aggregate Limit shown in the 3. The Products-Completed Operations Aggre- Declarations,shall apply to each location gate Limit is the most we will pay under COV- • owned by, or rented or leased to you and ERAGE A. BODILY INJURY AND PROP- is the most we will pay for the sum of: ERTY DAMAGE LIABILITY for damages be- • l) Damages under COVERAGE A. cause of "bodily injury" and "property dam- ( ag age" included in the "products-completed op- BODILY INJURY AND PROPERTY orations hazard". DAMAGE LIABILITY, except dam- • ages because of "bodily injury" or 4. Subject to 2.a. above, the Personal and Ad- "property damage" included in the vertising Injury Limit is the most'we will pay "products-completed operations under COVERAGE B. PERSONAL AND AD- hazard";and VERTISING INJURY LIABILITY for the sum of all damages because of all "personal and ad- (2) AGE G.MEDICAL Medical exeses under under COVER- vertising injury" sustained by any one person • or organization. • which can be attributed to operations at 5. Subject to 2. or 3. above, whichever applies, • only a single location owned by,or rented the Each Occurrence Limit is the most we will •or leased to you. pay for the sum of: . c. A separate Construction Project General • • a. Damages under COVERAGE A. BODILY Aggregate Limit of Insurance, equal to INJURY AND PROPERTY DAMAGE LI- . the amount of the General Aggregate ABILITY;and Limit shown in the Declarations, shall ap- ply to each construction project and is the b. Medical expenses under COVERAGE C. most we will pay for the sum of: MEDICAL PAYMENTS; . • (1) Damages under COVERAGE A. because of all "bodily injury" and "property BODILY INJURY AND PROPERTY damage"arising out of any one"occurrence". DAMAGE LIABILITY, except dam- 6. Subject to 5. above,the Damage to Premises ages because of "bodily injury" orj "property damage" included in the Rented to You Limit is the most we will pay "products-completed operations under COVERAGE A. BODILY INJURY AND hazard";and PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any (2) Medical expenses under COVER- one premises, while rented to you, or in the I AGE C.MEDICAL PAYMENTS;. case of damage by fire or explosion, while rented to you or temporarily occupied by you which can be attributed only to ongoing •with permission of the owner. . operations and only at a single construc- t tion project. 7. Subject to 5. above, the Medical 'Expense d. Onlyfor the purpose of determiningwhich Limit Is the most we will pay under COVER- p AGE C. MEDICAL PAYMENTS for all medical General Aggregate Limit of Insurance, . expenses because of"bodily injury"sustained 2.a.,2.b.,or 2.c.,applies: by any one person. . (1) Location means premises involving The Limits of Insurance of this Coverage Part ap- the same or connecting lots, or ply separately to each"coverage term"; premises,whose connection is inter- rupted only by a street, roadway, . SECTION IV - COMMERCIAL GENERAL LI- • waterway or right-of-way of a rail- ABILITY CONDITIONS • road. 1. Bankruptcy (2) Construction project means a loca-• Bankruptcy or insolvency of the insured or of • whereeongoing improvements, al- � tion you do not rent lease the insured's estate will not relieve us of our Part.ons under this ati terations, installation, demolition or obligations Coverage maintenance work is performed by' 2. Duties in the Event of Occurrence,Offense, you or on your behalf. All connected • Claim or Suit ongoing improvements, alterations, installation, demolition or mainte- a. You must see to it that we are notified as nonce work performed by you or on soon as practicable of an "occurrence" or . Includes copyrighted material of Insurance . • GA 101 12 04 Services Office,Inc.,with its permission. Page 13 of 22 a "personal and advertising injury" of- under the terms of this Coverage Part or that fense which may result in a claim. To the are in excess of the applicable limit of insur- extent possible,notice should include: ance. An agreed settlement means a settle- ment and release of liability signed by us, the (1) How, when and where the "occur- insured and the claimant or the claimant's le- • rence"or offense took place; ' gal representative. (2) The names and addresses of any 4. Liberalization injured persons and witnesses;and • If,within 60-lays prior to the beginning of this (3) The nature and location of any injury Coverage Part or during the policy period,we or damage arising out of the "occur- make any changes to any forms or endorse- rence"or offense. ments of this Coverage Part for which there is • b. If a claim is made or "suit" is brought currently no separate premium charge, and against any insured,you must: that change provides more coverage than this Coverage Part, the change will automatically (1)• Immediately record the specifics of apply to this Coverage Part as of the latter•of: the claim or "suit" and the date re- a. The date we implemented the change in calved;and your state;or • (2) Notify us as soon as practicable. b. The date this Coverage Part became ef- • You must see to it that we receive written • fective;and notice of the claim or "suit" as soon as will be considered as included until the end of practicable. the current policy period. We will make no c. You and any other Involved insured must: additional premium charge for this additional coverage during the interim. (1) Immediately send us copies of any demands, notices, summonses or 5. Other Insurance • legal papers received in connection If other valid and collectible insurance is with the claim or"suit';' available to the insured for a loss we cover (2) Authorize us to obtain records and under COVERAGE A. BODILY INJURY AND other information; PROPERTY DAMAGE LIABILITY or COV- ERAGE OVERAGE B. PERSONAL AND ADVERTISING (3) Cooperate with us in the investiga- INJURY UABIUTY of this Coverage Part,our tion or settlement.of the claim or de- obligations are limited as follows: Tense against the"suit";and a. Primary Insurance (4) Assist us, upon our request, in the enforcement of any right against any This insurance is primary except when b. person or organization which may be below applies. If this insurance is pri- liable to the insured because of in- mary, our obligations are not affected jury or damage to which this insur- unless any of the other insurance is also ance may also apply. primary. Then,we will share with all that other insurance by the method described d. No insured will, except at that insured's in c.below. own cost, voluntarily make a payment, assume any obligation, or incur any ex- b. Excess Insurance pense,other than for first aid, without our This insurance is excess over: consent. 3. Legal Action Against Us (1) Any of the other. insurance, whether primary, excess, contingent or on No person or organization has a right under any other basis: this Coverage Part: (a) That is Fire, Extended Cover- a. overa. To join usas a party or otherwise bring age, Builder's Risk, Installation us into a "suit" asking for damages from Risk or similar insurance for an insured;or "your work"; b. To sue us on this Coverage Part unless (b) That is Fire or Explosion insur- • all of its terms have been fully complied ance for premises rented to you withor temporarily occupied by you • with permission of the owner; A person or organization may sue us to re- cover on an agreed settlement or on a final (c) That is insurance purchased by judgment against an insured; but we will not you to cover your liability as a be liable for damages that are not payable tenant for "property damage" to • Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 14 of 22 premises rented to you or tern- shown in the Declarations of this Cover- porarily occupied by you with age Part. permission of the owner;or c. Method of Sharing (d) If the loss arises out of themIf all of the other insurance permits con- "autos" ornce or use toof aircraft, tribution byequal shares, we will follow watercraft to the ex- q tent not subject to SECTION I - this method also. Under this approach COVERAGES, COVERAGE A. each insurer contributes equal amounts BODILY INJURY AND PROP- until it has paid its applicable limit of in- ERTY DAMAGE LIABILITY, 2. surance or none of the loss remains, Exclusions,g.Aircraft,Auto or whichever comes first. Watercraft. If any of the other insurance does not (2) Any other primary Insurance avail- permit contribution by equal shares, we able to the insured covering liability will contribute by limits. Under this for damages arising out of the method,each insurer's share is based on premises or operations, or the prod- the ratio of its applicable limit of insurance ucts and completed operations, for to the total applicable limits of insurance which the Insured has been added of all insurers. as an additional Insured by attach- 6. Premium Audit ment of an endorsement. (3) Any other insurance: a. We will compute all premiums for this Coverage Part In accordance with our (a) Whether primary, excess, con- rules and rates. • tingent or on any other basis, b. Premium shown in this Coverage Part as except when such insurance is advance premium is a deposit premium written specifically to be excess only. At the close of each audit period we over this insurance;and will compute the earned premium for that (b) That is a consolidated (wrap-up) period and send notice to the first Named insurance program which has Insured. The due date for audit and rat- been provided by the prime rospective premiums is the date shown contractor/project manager or as the due date on the bill. If: owner of-the consolidated proj- (1) The earned premium is less than the ect in which you are Involved. deposit premium, we will return the When this insurance is excess, we will excess to the first Named Insured;or have no duty under COVERAGE (2)A. BODILY INJURY AND ' PROPERTY � The earned premium is greater than DAMAGE LIABILITY or COVERAGE B. the deposit premium, the difference the PERSONAL AND ADVERTISING IN- wills be due and payable to o i by the JURY LIABILITY to defend the insured first Named Insured upon notice from against any"suit" if any other insurer has . us. a duty to defend the insured against that _ c. The first Named Insured must keep rec- "suit". If no other insurer defends, we will ords of the information we need for pre- undertake to do so,but we will be entitled mium computation,and send us copies at to the insured's rights against all those such times as we may request. other insurers. 7. Representations When this insurance is excess over other insurance, we will pay only our share of By accepting this Coverage Part,you agree: the amount of the loss, if any, that ex- a. The statements in the Declarations are coeds the sum of: accurate and complete; (1) The total amount that all such other b. Those statements are based upon repro- insurance would pay for the loss in sentations you made to us;and the absence of this insurance;and The total of all deductible and self- c. We have issued this Coverage Part in re- (2) insured amounts under all that other fiance upon your representations. insurance. 8. Separation of Insureds • We will share the remaining loss, if any, Except with respect to the Limits of Insurance, with any other insurance that is not de- and any rights or duties specifically assigned scribed in this Excess Insurance provi- in this Coverage Part to the first Named In- sion and was not bought specifically to sured,this insurance applies: apply in excess of the Limits of Insurance Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 15 of 22 a. As if each Named Insured were the only (1) An individual, you and your spouse Named Insured;and are"authorized representatives". . b. Separately to each insured against whom (2) A partnership or Joint venture, your claim is made or"suit"is brought members, your partners, and their spouses are "authorized representa- 9. Transfer of Rights of Recovery Against Lives". Others to Us (3) A limited liability company, your If the insured has rights to recover all or part members and your managers are of any payment we have made under this "authorized representatives". Coverage Part, those rights are transferred to us. The insured must do nothing after loss to (4) An organization other than a part- impair them. At our request, the insured will nership,joint venture or limited liabil- bring "suit" or transfer those rights to us and ity company, your "executive offi- help us enforce them. cers" and directors are "authorized representatives". Provided you are 10. Two or More Coverage Forms or Policies not a publicly traded organization, Issued by Us your stockholders are also "author- If this Coverage Part and any other Coverage ized representatives". Form, Coverage Part or policy issued to you (5) A trust,your trustees are "authorized by us or any company affiliated with us apply representatives". to the same "occurrence" or "personal and • advertising injury" offense, the aggregate b. Your"employees": maximum limit of insurance under all the Cov- erage Forms, Coverage Parts or policies shall program;or not exceed the highest applicable limit of in- . surance under any one Coverage Form, Coy- (2) Responsible for giving or receiving erage Part or policy. This condition does not notice of an "occurrence", "personal apply to any Coverage Form, Coverage Part and advertising injury"offense,claim or policy issued by us or an affiliated company or"suit"; specifically to apply as excess insurance over this Coverage Part. are also"authorized representatives". 11. When We Do Not Renew 3. "Auto"means: If we decide not to renew this Coverage Part, a. A land motor vehicle, trailer or semitrailer we will mail or deliver to the first Named In- designed for travel on public roads, in- sured shown in the Declarations written notice cluding any attached machinery or of the nonrenewal not less than 30 days be- equipment;or fore the expiration date. b. Any other land vehicle that is subject to a If notice is mailed, proof of mailing will be suf- compulsory or financial responsibility law ficient proof of notice, or other motor vehicle insurance law in the state where it Is licensed or principally SECTION V-DEFINITIONS garaged. 1. "Advertisement"means a notice that is broad- However, "auto" does not include "mobile cast,telecast or published to the general pub- equipment". lic or specific market segments about your goods,products or services for the purpose of 4. "Bodily injury"means bodily injury,sickness or attracting customers or supporters. "Adver- disease sustained by a person, including tisement" includes a publicity article. For pur- death resulting from any of these at any time. poses of this definition: 5. "Coverage term" means the following individ- a. Notices that are published include mate- ual increment, or if a multi-year policy period, rial placed on the Internet or on similar increments,of time,which comprise the policy electronic means of communication;and period of this Coverage Part: b. Regarding web-sites, only that part of a a. The year commencing on the Effective web-site that Is about your goods, prod- Date of this Coverage Part at 12:01 AM ucts or services for the purposes of at- standard time at your mailing address tracting customers or supporters is con- shown in the Declarations, and if a multi- sidered an"advertisement". year policy period, each consecutive resentative"means: an- nual period thereafter, or portion thereof if 2. "Authorized representative" any period is for a period of less than 12 a. If you are designated in the Declarations months, constitute individual "coverageterms". The last "coverage term" ends at as: Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 16 of 22 12:00 AM standard time at your mailing 10. "Hostile fire" means one which becomes un- address shown in the Declarations on the • controllable or breaks out from where it was earlier of: intended to be. • • (1) The day the policy period shown in 11. "Impaired property" means tangible property, the Declarations ends;or other than "your product" or "your work", that (2) The day the policy to which this Coy- cannot be used or is less useful because: •erage Part is attached is terminated a. It incorporates "your product" or "your or cancelled. work"that is known or thought to lie de- fective, deficient, inadequate Or danger- b. However, if after the 'issuance of this ous;or Coverage Part, any "coverage term" is extended for an additional period of less b. You have failed to fulfill the terms of a than 12 months, that additional period of contract or agreement; time will be deemed to be part of the last preceding"coverage term". If such property can be restored to use by: 6. "Coverage territory"means: a. The repair, replacement, adjustment or removal of"your product" or "your work"; a. The United States of America (including or its territories and possessions), Puerto Rico and Canada; b. Your fulfilling the terms of the contract or • agreement. b: International waters or airspace, but only if the injury or•damage occurs in the 12. "Insured contract" means: course of travel or transportation between a. A contract for a lease of premises. How- any places included in a.above;or ever, that portion of the contract for a c. All other parts of the world if the injury or lease of premises that indemnifies any • damage arises out of: person or organization for "property damage" by fire or explosion to premises (1) Goods or products made or sold by while rented to you or temporarily occu- • you in the territory described in a. pled by you with permission of the owner above; Is not an"insured contract"; (2) The activities of a person whose b. A sidetrack agreement; home is in the territory described in c. Any easement or license agreement,above,but is away for a short timeag , ex- . on your business;or cept in connection with construction or demolition operations on or within 50 feet • (3) "Personal and advertising injury" of- of a railroad; fenses that take place through the • Internet or similar electronic means d. An obligation, as required by ordinance, • • of communication, to indemnify a municipality, except in . connection with work for a municipality; provided the insured's responsibility to e. An elevator maintenance agreement;pay damages is determined in a "suit"ong • the merits, in the territory described in a. f. That part of any other contract or agree- above or in a settlement to which we ment pertaining to your business (includ- agree. ing an indemnification of a municipality in • 7. "Electronic data" means information, facts or connection with work performed for a programs stored as or on,created or used on, municipality) under which you assume or transmitted to or from computer software; the tort liability of another party to-pay for p , property damage" including systems and applications software, "bodily injury",ror • "personal or floppy disks,CD-ROMs,tapes,drives, and advertising injury"to a third cells, data processing devices or any other person or organization. Tort liability • media which are used with electronically con- means a liability that would be imposed • trolled equipment, by law in the absence of any contract or agreement. 8. "Employee"includes a"leased worker". "Em- Paragraph f.does not include that part of • ployee" does not include a "temporary anyacontractpor a agreement worker". • 9. "Executive officer" means a person holding (1) That indemnifies a railroad for"bodily any of the officer positions created by your injury", "property damage" or "per- charter, constitution, by-laws or any other . sonal and advertising injury" arising • similar governing document out of construction or demolition op- . erations, within 50 feet of any rail- • • Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 17 of 22 road property and affecting any rail- engines; marketing analysis; and • road bridge or trestle, tracks, road- providing access to the Internet or beds,tunnel,underpass or crossing; other similar networks;or (2) That indemnifies an architect, engi- (7) Under which the insured, if a web- neer or surveyor for injury or damage she designer or content provider, or arising out of: Internet search, access, content or service provider,assumes liability for (a) Preparing, approving, or failing injury or damage arising out of the to prepare or approve, maps, insured's rendering or failure to ren- • shop drawings, opinions, re- der Internet services, including those •ports, surveys, field orders, listed in Paragraph(6),above. change.orders or drawings and specifications;or 13.'"Leased worker" means a person leased to . you by a labor leasing firm-under an agree- • (b) Giving directions or instructions, ment between you and the labor leasing firm, • or failing to give them, if that is to perform duties related to the conduct of • the primary cause of the injury your business. "Leased worker" includes su- or damage; pervisors furnished to you by the labor leasing firm: "Leased worker" does not include a (3) Under which the insured, if an arch(- ' "temporary worker". tect, engineer or surveyor, assumes liability for an injury or damage aris- 14. "Loading or unloading"means.the handling of ing out of the insured's rendering or property: • • failure to render professional serv- . ices, including those listed in Para- a. After it is moved from the place where it is • graph (2) above and supervisory, in- accepted for movement into or onto an spection,architectural or engineering . aircraft,watercraft or"auto"; activities; b. While it is in or on an aircraft, watercraft (4) That indemnifies an advertising, pub- or"auto";or . lic relations or media consulting firm forC. While it is being moved from an aircraft, arising i g out ofl theanp advertisingg, injury , watercraft or"auto" to the place where it arising out planning, execution or failure to execute marketing corn- is finally delivered; .munications programs. Marketing but "loading or unloading" does not include communications programs' include the movement of property by means of a me • - but are not limited to comprehensive chanical device,other than a hand truck,that marketing campaigns; consumer, is not attached to the aircraft, watercraft or trade and corporate advertising for "auto". all media; media planning, buying, monitoring and analysis; direct mail; 15. "Mobile equipment" means any of the follow- ' promotion; sales materials; design; ing types of land vehicles, including any at- presentations; point-of-sale materi- tached machinery or equipment: . als;market research; public relations • a. Bulldozers, farm machinery, forklifts and and new product development; • other vehicles designed for use princi- (5) Under which the insured,if an adver- pally off public roads; tising, public relations or media con- b. Vehicles maintained for use solely on or "personal and advertising injury" suiting firm, assumes liabilityfor next tpremises you own or rent; arising out of the insured's rendering c. Vehicles that travel on crawler treads; or failure to render professional . services, including those services d. Vehicles, whether self-propelled or not, listed in Paragraph(4),above; maintained primarily to provide mobility to • (6) That indemnifies a web-site designer permanently mounted: or content provider, or Internet (1) Power cranes, shovels, loaders, dig- search, access, content or service gers or drills;or provider for injury or damage arising out of the planning,execution or fall- (2) equipment RoaRoad constructionresurfacing or ure to execute Internet services. eq ipomot rollers;such as grad s, p • • Internet services include but are not limited to design, production, distri- e. Vehicles not described in a., b., c. or d. bution, maintenance and administra- above that are not self-propelled and are tion of web-sites and web-banners; maintained primarily to provide mobility to hosting web-sites; registering do- • main names; registering with search Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 18 of 22 . • permanently attached equipment of the d. Oral or written publication,in any manner, following types: of material that slanders or libels a per- son or organization or disparages a per- ' (1) Air compressors, pumps and gen- son's.or organization's goods,products or. orators, including spraying, welding, • services; . building cleaning,geophysical explo- . ration, lighting and well servicing e. Oral or written publication,in any manner, equipment;or of material that violates a person's right of 2 privacy; ( } Cherry y pickers and similar devices used to raise or lower workers; f. The use of another's advertising idea in f. .Vehicles not described in a., b., c. or d. your"advertisement";or • above maintained primarily for purposes g. Infringing Upon another's copyright, trade other than the transportation of persons dress or slogan in your"advertisement". or cargo. 18. "Pollutant"means any solid, liquid,gaseous or However, self-propelled vehicles with the thermal irritant or contaminant, including following types of permanently attached smoke, vapor, soot, fumes, acids, alkalis, equipment are not "mobile equipment" • • chemicals, petroleum, petroleum products • • but will be considered"autos": and petroleum by-products, and waste. Equipment designed primarilyfor: Waste includes materials to be recycled, re- (1) conditioned or reclaimed. "Pollutants" include (a) Snow removal; but are not limited to substances which are generally recognized in industry or govern- (b) Road maintenance, but not con- ment to be harmful or toxic to persons, prop- struction or resurfacing;or erty or the environment regardless of whether the injury or damage is caused directly or indi- (c) Street cleaning; redly by the "pollutants"•and whether: (2) Cherry pickers and similar devices a. The insured is regularly or otherwise en- • mounted on automobile or truck gaged in activities which taint or degrade . chassis and used to raise or lower • the environment;or workers;and •(3) Air compressors, pumps andgen- b. The insured uses, generates or produces p the "pollutant". orators, including spraying, welding, building cleaning, geophysical explo- 19. "Products-completed operations hazard": ration, lighting and well servicing a. Includes all "bodily injury" and "property equipment. damage" occurring away from premises However, "mobile equipment" does not in- you own or rent and arising out of"your • dude any land vehicles that are subject to a product"or"your work"except: compulsory or financial•responsibility law or • other motor vehicle Insurance law in the state (1) Products that are still in your physical where it is licensed or principally garaged. possession;or Land vehicles subject to a compulsory or fi- (2) Work that has not yet been corn- nancial•responsibility law or other motor vehi- pleted or abandoned. However, de insurance law are considered"autos". • "your work" will be deemed com- 16. "Occurrence" means an accident, including pleted at the earliest of the following continuous or repeated exposure to substan- times: tially the same general harmful conditions. (a)• When all of the work called for in 17. "Personal and advertising injury" means in- your contract has been corn- jury, including consequential "bodily Injury", pleted;or arising out of one or more of the following of- (b) When all of the work to be done fenses: at the job site has been com- a. False arrest,detention or imprisonment; pleted if your contract calls for • work at more than one job site; . b. Malicious prosecution; or • c. The wrongful eviction from,wrongful entry (c) When that part of the work done into,or invasion of the right of private oc-. . at a job site has been put to its cupancy of a room, dwelling or premises • intended use by any person or • that a person occupies, committed by or organization other than'another on behalf of its owner,landlord or lessor; contractor or subcontractor • working on the same project. . • Includes copyrighted material of Insurance - GA 101 12 04 Services Office,Inc.,with its permission. Page 19 of 22 ' • Work that may need service, main- her work and acts at the direction•of and tenance, correction, repair or re- within the scope of duties determined by you, placement, but which is otherwise • • and is not paid a fee, salary or other compen- complete, will be treated as corn- sation by you or anyone else for their work pleted. performed for you. • b. Does not include "bodily injury" or "prop- 24. "Workplace" means that place and during erty damage"arising out of: such hours to which the "employee" sustain- ing "bodily injury" was assigned by you, or (1) transportationproperty, anyother person or entity acting on your • The of roper be- lessun-the injury or damage arises out • half,to work on the date of"occurrence". of a condition in or on a vehicle not owned or.operated by you, and that 25. "Your product": • condition was created by the "load- a. Means: ing or unloading" of that vehicle by any insured; (1) Any goods or products, other than • (2) The existence of tools, uninstalled real property, manufactured, sold, equipment or abandoned or unused handled, distributed or disposed of materials;or by: • • (3) Products or operations for which the (a) You; classification, listed in the Declara- (b) Others trading under your name; tions or in a schedule, states that • or products-completed operations are included. (c) •.A person or organization whose • business or assets you have 20. "Property damage"means: acquired;and • a. Physical injury to tangible property, in- (2) Containers (other than vehicles), cluding all resulting loss of use of that materials, parts or equipment fur- property. All such loss of use shall be .nished in connection with such deemed to occur at the time of the physi- goods or products. cal injury that caused it;or b. Loss of use of tangible property that is b. Includes: not physically injured. All such loss of (1) Warranties or representations made use shall be deemed to occur at the time at any time with respect to the fit- • of the"occurrence"that caused it. ness,quality, durability, performance • or use of"your product";and For the purposes of this insurance,"electronic • data"is not tangible property. (2) The providing of or failure to provide warnings or instructions. 21. Suit means a civil proceeding in which money damages because of "bodily injury", c. Does not include vending machines or "property damage" or"personal and advertis- other property rented to or located for the ing injury" to which this insurance applies are use of others but not sold. • alleged. "Suit"includes: 20, "Your work": a. An arbitration proceeding in which such a. Means: damages are claimed and to which the • insured must submit or does submit with (1) Work or operations performed by our consent; you or on your behalf;and b. Any other alternative dispute resolution (2) Materials, parts or equipment fur- proceeding in which such damages are nished in connection with such work claimed and to which the insured submits or operations. with our consent;or • c. An appeal of a civil proceeding. • b. Includes: (1) Warranties or representations made 22. "Temporary worker" means a person who is at any time with respect to the fit- furnished to you to substitute for a permanent ness, quality,durability, performance "employee" on leave or to meet seasonal or or use of"your work";and short-term workload conditions. (2) The providing of or failure to provide • 23. "Volunteer worker" means a person who is warnings or instructions. not your"employee", and who donates his or • • • Includes copyrighted material of Insurance GA 101 12 04. Services Office,Inc.,with its permission. Page 20 of 22 • • NUCLEAR ENERGY LIABILITY EXCLUSION • (Broad Form) •1. The insurance does not apply: an insured of services, materials, •A. Under any Liability Coverage, to "bodily partsihthe the in connection . injury"or"property damage": . maintenance,planning,operion construction, tusei000f . (1) With respect to which an insured un- any "nuclear facility", but if such fa- der this Coverage Part is also an in- cility is located within the United • sured under a nuclear energy liability States of America, its territories or . policy issued by Nuclear Energy Li- possessions or Canada, this Exclu- ' ability Insurance Association, Mutual sion (3) applies only to "property, Atomic Energy Liability Underwriters, damage" to such "nuclear facility" Nuclear Insurance Association of and any property thereat. • Canada, or any of their successors, 2. As used in this exclusion: or would be an insured under ariy such policy but for its termination • "Hazardous properties" includes radioactive, upon exhaustion of its limit of liability; toxic or explosive properties. or "Nuclear material" means "source material", (2) Resulting from the "hazardous prop- '.'special nuclear material" or "by-product ma- erties" of"nuclear material" and with terial". respect to which (a) any person or • organization is required to maintain "Source material", "special nuclear material", . financial protection pursuant to the and "by-product material" have the meanings ' Atomic Energy Act of 1954, or any given them in the Atomic Energy Act of 1954 law amendatory thereof, or (b) the .or in any law amendatory thereof. insured is,or had this Coverage Part "Spent fuel" means any fuel element or fuel not been issued would be,entitled to component, solid or liquid, which has been . indemnity from the United States of used or exposed to radiation in a "nuclear re-• America,or any agency thereof, un- actor". • der any agreement entered into by . the United States of America, or any "Waste" means any waste material (a) con- agency thereof, with any person or • taming "by-product material" other than the organization. tailings or wastes produced by the extraction B. Under any Medical Payments coverage, or concentration of uranium or thorim from any ore processed primarily for its "source to expenses incurred with respect to material" content, and (b) resulting from the "bodily injury" resulting from the "hazard- operation by any person or organization of ous properties" of "nuclear material" and any "nuclear facility" Included under the first arising out of the operation of a "nuclear two paragraphs of the definition of "nuclear facility"by any person or organization. facility". . C. Under any Liability Coverage, to "bodily "Nuclear facility"means: • injury" or "property damage" resulting • from the "hazardous properties" of "nu- A. Any"nuclear reactor"; clear material",if: B. Any equipment or device designed or (1) The "nuclear material" (a) is at any used for (1) separating the isotopes of "nuclear facility" owned by, or oper- uranium or plutonium, (2) processing or ated by or on behalf of, an insured, utilizing "spent fuel", or (3) handling, or (b) has been discharged or dis- processing or packaging "waste"; parsed therefrom; C. Any equipment or device used for the (2) The"nuclear material"is contained in processing, fabricating or alloying of "spent fuel" or "waste" at any time "special nuclear material" if at any time possessed, handled, used, proc- the total amount of such material in the essed, stored, transported or dis- custody of the insured at the premises • posed of, by or on behalf of an In- where such equipment or device is lo- • sured;or cated consists of or contains more than (3) The "bodily injury"• or"property dam- 25 grams of plutonium or uranium 233 or any combination thereof, or more than • age" arises out of the furnishing by 250 grams of uranium 235; • . Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 21 of 22 D. Any structure, basin, excavation, prom- "Nuclear reactor" means any apparatus de- ises or place prepared or used for the signed or used to sustain nuclear fission in a storage or disposal of"waste"; self-supporting chain reaction or to contain a and includes the site on which any of the critical mass of fissionable material. foregoing is located, all operations conducted "Property damage" includes all forms of ra- on such site and all premises used for such dloactive contamination of property. operations. • • • • • • • • • • • • • • Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with Its permission. Page 22 of 22 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CInCIPlus BUSINESS AUTO EXPANDED COVERAGE (XC®) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply un- less modified by this endorsement. A. Who is an Insured-Amended personal affairs, provided you do not SECTION II - LIABILITY COVERAGE, A. own,hire or borrow that"auto". Coverage,1.Who is an Insured is amended B. Liability Coverage Extensions - Supple- by adding the following: mentary Payments-Higher Limits The following are"insureds": SECTION II - LIABILITY COVERAGE, A. 1. Anysubsidiarywhich is a legally Inco o- Coverage,2.Coverage Extensions,a. Sup • - 9 Y rp plementary Payments is amended by: rated entity of which you own a financial Interest of more than 50% of the voting 1. Replacing the $2,000 Limit of Insurance stock on the effective date of this cover- for bail bonds with$4,000 in(2);and age form. 2. Replacing the$250 Limit of Insurance for However, the insurance afforded by this reasonable expenses with$500 In(4). provision does not apply to any subsidi- ary that is an "insured" under any other automobile liability policy,or would be an SECTION II- LIABILITY COVERAGE, B. Ex- "insured" under such policy but for terms- elusions,5.Fellow Employee is amended by nation of such policy or the exhaustion of adding the following: such policy's limits of insurance. 2. Anyorganization that is newlyacquired or But this exclusion does not apply if the 9 q "bodily injury" results from the use of a formed by you and over which you covered "auto" you own or hire. Cover • - maintain majority ownership. age is excess over any other collectible The insurance provided by this provision: insurance. a. Is effective on the date of acquisition D. Hired Auto-Physical Damage or formation,and is afforded for 180 If hired "autos" are covered"autos"for Liabil- days after such date; Ity Coverage, then Comprehensive and Colli- b. Does not apply to "bodily injury" or sion Physical Damage Coverages as pro- "property damage" resulting from an vided under SECTION III - PHYSICAL DAM- "accident" that occurred before you AGE COVERAGE of this Coverage Part are acquired or formed the organization; extended to "autos" you hire of the private passenger type or light truck (10,000 pounds • c. Does not apply to any newly ac- or less gross vehicle weight) type, subject to quired or formed organization that is the following: a joint venture or partnership;and 1. The most we will pay for "loss" to any d. Does not apply to an insured under hired"auto" is$35,000 or the actual cash any other automobile liability policy, value or cost to repair or replace, which- or would be an insured under such a ever is the least,minus a deductible. policy but for the termination of such 2. The deductible will be equal to the largest policyorthe exhaustion of such pol- deductible applicable to any owned icy's limits of insurance. "auto" of the private passenger type or 3. Any of your "employees" while using a light truck type for that coverage, or covered "auto" in your business or your $1,000,whichever is less. Includes copyrighted material of ISO AA 265 04 09 Properties,Inc.,with its permission. Page 1 of 3 3. Hired Auto - Physical Damage coverage type "autos"available to you for your op- Is excess over any other collectible insur- eratlons. • ance. 6. We will pay under this coverage only that 4. Subject to the above limit,deductible,and amount of your rental reimbursement ex- excess provisions we will provide cover- penses which is not already provided for age equal to the broadest coverage ap- under SECTION III - PHYSICAL DAM- plicable to any covered"auto"you own of AGE COVERAGE,A.Coverage, 4.Coy- the private passenger type or light truck erage Extensions. type insured under this policy. F. Transportation Expense-Higher Limits Coverage includes loss of use of that hired SECTION Ili- PHYSICAL DAMAGE COVER- auto,provided it results from an "accident"for which you are legally liable and as a result of AGE,A.Coverage,4. Coverage Extensions which a monetary loss is sustained by the is amended by replacing$20 per day with$50 leasing or rental concern. The most we will per day, and $600 maximum with $1,500 pay for any one"accident"is$1,000. maximum In Extension a. Transportation Expenses. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit re- G. Airbag Coverage places,and is not added to, the$35,000 limit SECTION III- PHYSICAL DAMAGE COVER- indicated above. AGE, B. Exclusions, 3.a. is amended by E. Rental Reimbursement adding the following: SECTION III - PHYSICAL DAMAGE is However, the mechanical and electrical amended by adding the following: breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. 1. We will pay for rental reimbursement ex- This coverage for airbags is excess over any penses incurred by you for the rental of a other collectible insurance or warranty. private passenger type"auto"because of H. Loan or Lease GapCoverage a "loss" to a covered private passenger type "auto". Payment applies in addition 1. SECTION III - PHYSICAL DAMAGE to the otherwise applicable amount of COVERAGE, C. Limit of Insurance Is each coverage you have on a covered deleted in its entirety and replaced by the private passenger type "auto". No de- following, but only for private passenger ductible applies to this coverage. type "autos" with an original loan or 2. We will pay only for those expenses in- lease, and only in the event of a "total curred during the policy period beginning loss" to such a private passenger type 24 hours after the "loss" and ending, re- "auto": gardiess of the policy's expiration, with a. The most we will pay for"loss"in any the lesser of the following number of one"accident"is the greater of: days: (1) The amount due under the a. The number of days reasonably re- terms of the lease or loan to quired to repair the covered private which your covered private pas- passenger type "auto". If "loss" is senger type "auto" is subject, caused by theft,this number of days but will not include: is.added to the number of days it takes to locate the covered private (a) Overdue lease or loan passenger type "auto" and return it payments; to you;or (b) Financial penalties imposed b. 30 days. under the lease due to high 3. Our payment is limited to the lesser of the abinorgmal wear and tea use excessive or following amounts: re- a. Necessary and actual expenses in- (c) Security the leshe less not funded by sor; t curred;or (d) Costs for extended warren- b. $40 per day. ties, Credit Life Insurance, 4. This coverage does not apply while there Health, Accident or Disabil- a • re spare or reserve private passenger ity Insurance purchased with the loan or lease;and Includes copyrighted material of ISO AA 265 04 09 Properties,Inc.,with Its permission. Page 2 of 3 • (e) Carry-over balances from This condition applies only when the "acci- previous loans or leases,or dent"or"loss"is known to: (2) Actual cash value of the stolen 1. You,if you are an individual; or damaged property. 2. A partner,If you are a partnership; b. An adjustment for depreciation and 3. An executive officer or insurance man- determining actual cash value at the physical condition will be made in ager,If you are a corporation;or time of loss". 4. A member or manager, if you are a lim- 2. SECTION V- DEFINITIONS is amended lied liability company. by adding the following, but only for the K. Unintentional Failure to Disclose Hazards purposes of this Loan or Lease Gap Coverage: SECTION IV - BUSINESS AUTO CONDI- "Total loss" means a "loss" in which the TIONS, B. General Conditions is amended cost of repairs plus the salvage value ex- ceeds by adding the following: the actual cash value. If you unintentionally fail to disclose any haz- ardsI. Glass Repair-Waiver of Deductible existing on the effective date of this Coy- !. erage Form,we will not deny coverage under SECTION III - PHYSICAL DAMAGE COVER- this Coverage Form because of such failure. AGE, D. Deductible is amended by adding L. Mental Anguish Resulting from Bodily In- the following: jury No deductible applies to glass damage if the SECTION V - DEFINITIONS, C. "Bodily in- glass is repaired In a manner acceptable to us jury"is deleted in its entirety and replaced by rather than replaced. the following: J. Duties in the Event of an Accident, Claim, "Bodily injury"means bodily Injury,sickness or Suit or Loss-Amended disease sustained by a person, including SECTION IV - BUSINESS AUTO CONDI- mental anguish and death sustained by the TIONS, A. Loss Conditions, 2. Duties in the same person that results from such bodily in- Event f Accident,Claim, uit or Loss, a. is Jury,sickness or disease. "Bodily injury" does amended by adding the following: not include mental anguish or death that does not result from bodily injury, sickness or dis- ease. • Includes copyrighted material of ISO AA 265 04 09 Properties,Inc.,with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 7 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured-Specified Relationships: 10 Managers or Lessors of Premises; Lessor of Leased Equipment; Vendors; State or Political Subdivisions -Permits Relating to Premises; State or Political Subdivisions -Permits:and Contractors'Operations 10. Broadened Contractual Liability -Work Within 50'of Railroad Property 14 11. Property Damage to Borrowed Equipment 14 12. Employees as Insureds - Specified Health Care Services: 14 Nurses; Emergency Medical Technicians;and Paramedics 13. Broadened Notice of Occurrence 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings. $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage(Coverage a.)and Care,Custody or Control Liability Coverage (Coverage b.) Limits of Insurance(Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of insur- 1. Employee Benefit Liability Coverage ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act,er- (b) This insurance applies to ror or omission of the in- damages only if the act,er- sured, or of any other per- ror or omission, is negli- son for whose acts the in- gently committed in the sured is legally liable, to which this insurance ap- "administration" of your plies. We will have the right "employee benefit pro- and duty to defend the in- gram";and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- suit. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE;and claim or "suit" when any 2) Our right and duty to "authorized repro- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part,of the vehicles;or act, error or 3) Advice given to any omission to us person with respect to or any other insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the 'em- bal demand or ployee benefit pro- claim for dam- gram". ages because (f) Workers' Compensation of the act, er- and Similar Laws ror or omis- sion;and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rityThis insurance does nota I or disability benefits law apply or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of injury", "propertyliability imposed on a fiduci- "Bodily l Y ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- cious act, error or omission, extenty claim for benefitsun the committed byanyinsured, athat such benefits are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes,Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j) Employment-Related meet any obligations under Practices any plan included in the "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, reassign- 1) Failure of anyinvest- evaluation,ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- tionformation on past per- or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as as a result of(1), (2) or trustees. (3)above. This exclusion applies (2) Each of the following is also an PP insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your SECTION I - COVERAGES, "employee benefit program" SUPPLEMENTARY PAY- if youdie, only until your MENTS COVERAGES A AND legalnl representative is ap B also apply to this Coverage. pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Declarations as: (3) Any organization you newly ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint yen- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- c. Limits of Insurance • sureds, but only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages 9 sustained by any one "em- making claims or bringing ployee", including such suits"; "employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam- committed in the "administra- ages;and tion" of your "employee benefit 2) Your duties, and the program . duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act,error or Limit shown in Section B. Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon (a) An act,error or omission;or notification of the action taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, negligently committed in the As respects Employee Benefit Li- abiliIV - "administration" of your "em- C MM COMMERCIAL GCoveraENERALON LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence,Offense,Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit Our obligation to dam- a. You must see to it that we are noti- (a) es on behalf of pay in- fled as soon as practicable of an act, ages error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of, damages in ex- Lice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits 2 of insurance shall not be ( ) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured,you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this (2) Notifyus as soon aspracticable. method also. Underh this approach each in- You must see to it that we receive surer contributes equal amounts until it has written notice of the claim or"suit" as paid its applicable limit soon as practicable. of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- surance gation or settlement of the claim to the total ap- gation defense against the "suit"; ancecable limits reof insur- or and of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part. Payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- iated in its entirety and replaced lows: by the following: 5. Other Insurance (1) The following definitions are added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs' mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then,we "employee benefit pro- will share with all that grams";or other insurance by the Effecting, continuing or d. method described in b. terminating any below. "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' corn- in the "employee bene- pensation and disability fit program". benefits;and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll sence programs, in- ductions;or cluding military, mater- b. The failure to effect or Wily, family, and civil maintain any insurance leave; tuition assis- tanceor adequate limits of plans; althtran c u coverage of insurance, talion and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance,social security deleted in their entirety and re- benefits, workers' corn- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- ceeding in which money 2. "Cafeteria plans" means damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit"includes: Lain benefits with pre-tax dollars. a. An arbitration pro- • ceeding in which such • 3. "Employee benefit pro- damages are claimed I grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a"cafeteria plan"or otherwise: b. Any other alternative dispute resolution pro- a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal. vision and hearing sured submits with our plans; and flexible consent;or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees"who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in- b. Profit sharing plans, dude a"temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an "em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex- a. The last Subparagraph of Paragraph pansion;or 2. SECTION I - COVERAGES, ' COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. U- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or ' Exclusions c.throughdo not I secretions,s, birds, in- ' q. apply sects, ro- to damage by fire, explosion, light- dents or other Hing, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I -COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in Paragraph 3.b.above: 3) Water under the ground surface press- The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY,2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not;or to: c) Doors,windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- ing,unless: a) Wear and tear; b) Rust, corrosion, 1) You did your best to maintain heat in the I( fungus, decay, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 8 of 15 caused by or resulting 5. Medical Payments fromrai , snow, sleet or w The Medical Expense Limit of AnyOne or ice, whetherrdriven p by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for"property damage" to • property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured;or INJURY AND PROPERTY ( 2) Damage occurs while in the in- DAMAGE LIABILITY, for damages because of sured's possession. "property damage" to With your consent, we will make premises while rented to these payments regardless of fault. you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to COV- which this insurance ap- SECTION I - COVERAGES, COV- plies. ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. (3) The amount we will pay is lim- Exclusions,j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B. Limits of lowing: Insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or Limits of Insurance,4.a. Bail Bonds Control Liability Coverage of this cover- of this endorsement for cost of bail endorsement with respect to bonds required because of accidents age provided by this endorsement.ofand of or traffic law violations arising out of These limits are inclusivelimits beingand net re- the use of any vehicle to which the inl addition to the smof Bodily Injury Liability Coverage ap- placed. The Limits of Insurance shown in Section B. Limits of lnsur- plies. We do not have to furnish Dam- these bonds. ance, 6. Voluntary Property Dam- age and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of (1) Insureds; the claim or "suit", including actual loss of earnings up to the limit shown (2) Claims made or "suits" brought; in Section B. Limits of Insurance, or 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing"suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- fied Relationships (1) Our obligation to pay damages on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such deductible amount. (a) A written contract or agreement;or (2) Condition 2. Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or insurance showing that per- "suit"irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod;and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense Subparagraph a. of Paragraph 4. is to which this insurance would apply;and hereby deleted and replaced by the fol- lowing. (b) They are not specifically a. Insurance under this provision is of named as an additional in- forded only until the 180th day after sured under any other pro- you acquire or form the organization vision of, or endorsement or the end of the policy period, added to, this Coverage whichever is earlier; Part. 8. Waiver of Subrogation (2) Only the following persons or organizations are additional in- SECTION IV- COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or "your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence" giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request, the insured will bring "suit" or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) in Structural alterations, the product made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- pose(b) Any person or organization inspection, 9 demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or 'use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes(c) Anyperson or organization uo makeoin 9 the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of"your products"which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1 The insurance afforded th connection whe the sale of the the vendor does not product; apply to: g) Products which, a) "Bodily injury" or after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con From whom you tract or agree- a) have acquired menta such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products;or jury", "property dam- age" or "personal and b) When liability in- advertising injury" aris- cluded within the ing out of operations "products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- d) Any state or political subdi- ability arising out of "your work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex issued a permit in connec piration date of this Cover tion with premises you own, age Part. If there is no rent or control and to which written contract or agree this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways. (3) Any insurance provided to an manholes, marquees, additional insured designated hoist away openings. g sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures;or injury"or"property damage" 2) The construction, erec included within the "prod- tion, or removal of ele ucts-completed operations vators;or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by "bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured;or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design n fur issued a permit. nished by or on Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 of the additional in- spects any other insurance sured;or policy issued to the addi- tional2) The rendering ,ofor insured, and such other insurance policy shall failure to render, any be excess and /or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance;or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an 3) "Your work" for which a additional insured by attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or Agreement The limits applicable to the additional insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f)above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement,or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance shown in the Declarations. fire additional insured form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations, amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 tional insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought;or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring • or agreement, but only to "suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ment is attached. If, how- ages on your behalf applies ever, the written contract or only to the amount of dam- agreement specifies the In- ages for each "occurrence" surance Services Office which are in excess of the additional insured form Deductible amount stated in number CG 20 10 but does Section B. Limits of Insur- not specify which edition, or ance, 11. of this endorse- ment. The limits of insur- specifies an edition that does not exist, Paragraphs ance will not be reduced by 9.a.(3)(a) and 9.a.(3)(b) of the application of such De- this endorsement shall not ductible amount. apply and Paragraph 9.b.of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- i PIY• tense, Claim or Suit, ap- 10. Broadened Contractual Liability-Work plies to each claim or "suit" Within 50'of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1)of (c) We may pay any part or all Definition 12. "Insured contract" (SEC- of the deductible amount to TION V-DEFINITIONS)is deleted. effect settlement of any • claim or "suit" and, upon 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly { reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I -COVERAGES, COVERAGE 12. Employees as Insureds - Specified 1 A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3)and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees"who provide professional health are not being used to perform opera- care services on your behalf as duly Ii- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians;or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph a. of Condition 2. Duties in inclusive of and not in addition to the Event of Occurrence, Offense, the limits being replaced. The Claim or Suit (SECTION IV- COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 14 of 15 • { TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- nesses; a. You must see to it that we are noti- fied and as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent the"occurrence"or offense. possible,notice should include: This requirement applies only when (1) How, when and where the "oc- the "occurrence"or offense is known currence"or offense took place; to an"authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 15 of 15 • • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY / NONCONTRIBUTORY AMENDMENT OF CONDITIONS FOR DESIGNATED ADDITIONAL • INSUREDS • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization(Additional Insured): ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED IN WRITTEN CONTRACT TO ADD AS AN ADDITIONAL INSURED ON A PRIMARY AND NONCONTRIBUTORY BASIS • • • • . With respect to insurance provided the additional When this insurance is excess over any insured shown in the Schedule, SECTION IV - other insurance, we will pay only our COMMERCIAL GENERAL LIABILITY CONDI- share •of the amount of the loss, if any, TIONS, 5. Other Insurance is deleted in its en- that exceeds the sum of: tirety and replaced by the following: • (1) The total amount that all such.other • 5. Other Insurance insurance would pay for the loss in • the absence of this insurance;and If other valid and collectible insurance is avail.: able to the additional insured for a loss we (2) The total of all deductible and self- cover under Coverages A or B of this Cover- insured amounts under all that other age Part,our obligations are limited as follows: insurance. a. Primary Insurance • We will share the remaining loss, if any, with any other insurance that was not Where required by a written contract,this bought specifically to apply in excess of insurance is primary and noncontributory the Limits of Insurance shown in the Dec- • as respects any other insurance policy is.: laratibns of this Coverage Part. sued to the additional insured. Otherwise, . b. below applies. • c. Method of Sharing • b. Excess Insurance If all of the other insurance permits contri- This insurance is excess over any of the• bution by equal shares, we will follow this method also. Under this approach each • other insurance available to the additional insured whether primary, excess, Contin- insurer contributes equal amounts until it ord anyother basis. has paid its applicable limit of insurance gent or none of the loss remains, whichever • When this insurance is excess, we will comes first. . have no duty under Coverages A or B to If any of the other insurance does not defend any claim or "suit" that any other • permit contribution by equal shares, we insurer has a duty to defend. If no other will contribute by limits. Under this insurer defends, we will undertake to do . method, each insurer's share is based on so, but we will be entitled to the insured's • the ratio of its applicable limit of insurance • rights against all those other insurers, to the total applicable limits of insurance • of all insurers. GA 409410 01 1101re I.,,pank,t co. ,t. (Search L&I — rS'AR . VAI id'X I,tc;.,) ti:,Icvl Safety&Health L.la.rs 3 isura',ce Workplace Rig'Its trades&Liceosiog 0 Washington State Department of Labor & Industries ELECTRIC CITY INC Owner or tradesperson PO BOX 11707 SPOKANE,WA 99211 Principals 509-536-6292 RIGSBY,BILLY J,SR,PRESIDENT SPOKANE County MILLER,KEVIN MICHAEL,VICE PRESIDENT Doing business as ELECTRIC CITY INC WA UBI No. Business type 602 782 445 Corporation Governing persons KEVIN M MILLER BILLY J RIGSBY SR; License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Construction Contractor Active. _......._� '.__._ Meets current requirements. License specialties GENERAL License no. ELECTCI925MT Effective—expiration 07/30/2008—07/30/2020 B_and Berkley Insurance Co $12,000.00 Bond account no. 0135391 Received by L&I Effective date 07/07/2015 07/25/2015 Expiration date Until Canceled Bond history Insurance Cincinnati Ins Co $1,000,000.00 Policy no. ECP0173300 Received by L&I Effective date 12/04/2017 01/01/2013 Expiration date 01/01/2019 Insurance history Savings Help us:mptove No savings accounts during the previous 6 year period. bond No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&I tax debts are recorded for this contractor license during the previous 6 year period,but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 853,876-01 Doing business as ELECTRIC CITY INC Estimated workers reported Quarter 2 of Year 2018"31 to 50 Workers" L&I account contact T1/LINDSEY BOOTH(360)902-5596-Email:BOOO235@Ini.wa.gov Public Works Strikes and Debarments Verify the contractor is eligible to perform work on public works projects. Contractor Strikes No strikes have been Issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace safety and health Check for any past safety and health violations found on jobsites this business was responsible for. Inspection results date 01/07/2016 Violations Inspection no. 317938301 Location 1405 E Hartson Spokane,WA 99202-4416 ©Washington State Dept.of Labor&industries.Use of this site is subject to the laws of the state of Washington. Help us improve I Iu,,a, 1at3;e.5, Search L&l 1 Ir 3 Safety&health Cars 6 Insurance vVtnx,3,ace Rights Trades&L:e',;p,.t 45 Washington State Department of Labor & Industries ELECTRIC CITY INC Owner or tradesperson PO BOX 11707 SPOKANE,WA 99211 Principals 509-536-6292 RIGSBY,BILLY J,PRESIDENT SPOKANE County MILLER,KEVIN M,VICE PRESIDENT GOSLINE,BRIAN G,AGENT Doing business as ELECTRIC CITY INC WA UBI No. Business type 602 782 445 Corporation Governing persons KEVIN M MILLER BILLY J RIGSBY SR; License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Electrical Contractor Active. Meets current requirements. License specialties GENERAL License no. ELECTCI93ORS Effective—expiration 12/10/2007-12/16/2019 Designated administrator Active. MILLER,KEVIN M Meets current requirements. License type License no. Master Electrician MILLEKM965BH Bond Western Surety Co $4,000.00 Bond account no. 63397244 Received by LAI Effective date 10/30/2017 12/10/2017 Expiration date Until Canceled PLATTE RIVER INS CO $4,000.00 Bond account no. 60059217 tie.p US improve Received by LAI Effective date 09/30/2009 12/10/2009 Expiration date Until Canceled Bond history Savings No savings accounts during the previous 6 year period. License Violations Infraction no. ECACM00336 Satisfied Issue date RCW/WAC 11/28/2017 19.28.101 RCW Violation city Violation amount SPOKANE $250.00 Type of violation ELECTRICAL CITATION Description Failing to get an inspection or obtain a valid electrical/telecommunications work permit or post a provisional electrical work permit prior to beginning the electrical/telecommunication installation or alteration as referenced in WAC 296-46B-901. Infraction no. EJORP05667 Satisfied Issue date RCW/WAC 08/15/2013 19.28.101 RCW Violation city Violation amount SPOKANE $1,000.00 Type of violation ELECTRICAL CITATION Description Failing to get an inspection or obtain an electrical/telecommunications work permit or post a provisional electrical work permit prior to beginning the electrical/telecommunication installation or alteration as referenced in WAC 296-46B-901.(THIS CITATION WAS ISSUED IN MATRIX FORMAT.THIS CITATION IS INTENDED TO COVER SEVERAL PROJECTS) Infraction no. EJORP05253 Satisfied Issue date RCW/WAC 09/18/2012 19.28.101 RCW Violation city Violation amount SPOKANE $1,000.00 Type of violation ELECTRICAL CITATION Description Failing to obtain or post an electrical/telecommunications work permit prior to beginning the electrical/telecommunication installation or alteration as referenced in WAC 296-46B-900 (3)(6),effective after 12/30/2008 see WAC 296- 46B-901. Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 853,876-01 Help us improve Doing business as ELECTRIC CITY INC Estimated workers reported Quarter 2 of Year 2018"31 to 50 Workers" L&I account contact T1/LINDSEY BOOTH(360)902-5596-Email:BOOO235@Ini.wa.gov Public Works Strikes and Debarments Verify the contractor is eligible to perform work on public works projects. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace safety and health Check for any past safety and health violations found on jobsites this business was responsible for. Inspection results date 01/07/2016 Violations Inspection no. 317938301 Location 1405 E Hartson Spokane,WA 99202-4416 ©Washington State Dept.or Labor&Industries.Use of this site is subject to the laws of the state of Washington. 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