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HomeMy WebLinkAbout26-046.00 Liberty Landworks - Balfour Sports CourtsContract Form M This agreement is entered into this r day of 1 2026, between the City of Spokane Valley ("City") and Liberty Landworks ("Contractor"). In consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: Balfour Sports Courts — CIP #0373 Contract #26-046 in accordance with and as described in the Contract Documents. The "Contract Documents" are defined to include the following: this Contract Form; the Contract Provisions and Plans for the Balfour Sports Courts Project, the 2025 Standard Specifications for Road, Bridges, and Municipal Construction as prepared by the Washington State of Department of Transportation ("Standard Specifications" available online on WSDOT's website), Addenda (as defined in the Standard Specifications), the Contractor's completed and submitted Bid Proposal Documents, Special Provisions, including the City Standard Plans identified therein, Technical Specifications, Performance and Payment Bonds (attached hereto as Exhibits A and B respectively), all change orders and contract amendments signed by both Parties after the date this Contract has been fully executed, as well as all documents, exhibits, appendices, and attachments to or referenced in any of the aforementioned Contract Documents. All Contract Documents listed here are incorporated herein by reference and made a part hereof. To the extent any documents are incorporated by reference into the Standard Specifications and/or Special Provisions, they are incorporated herein by reference and made part of the Contract Documents. Contractor shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City. II. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. Page 1 of 2 IV. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as provided herein. V. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). VI. The project was awarded for the bid amount of$473,254.81 on bid schedules A, B, and C plus applicable Washington State Sales Tax. VII. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. Any inspection performed by City employees will be solely to ensure, to the City's satisfaction and for the City's benefit only, that the completed components of the work satisfy the standards and specifications identified in the Contract Documents. IN WITNESS WHEREOF,the Contractor has executed this instrument,on the date below, and the City has caused this instrument to be executed on the date stated above. Executed by Contractor 4/24 , 2026. Date Kasey Batman Printed Name General Manager Title Si ature City of Spokane Valley John Hohman Printed Name City Manager Title 1\--6-(11LVil ct Signatur Page 2 of 2 Spokane Valley BOND NO: S-345220 EXHIBIT A CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Liberty Landworks (Contractor), as Principal, a contract for the construction of the project designated as Balfour Sports Courts Project No.0373 in Spokane Valley,Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and NGM Insurance Company (Surety), a corporation, organized under the laws of Florida and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$515,847.74 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR) SURETY 4/24/2026 4/24/2026 Principal ture Date Surety Signature Date Kasey Batman Matthew Grenrood Printed Name Printed Name General Manager Attorney-in-Fact Title Title ��,,,,,,�1���40,,,, "Name,address,and telephone of local office/agent of Surety Company is: y Constructors Bonding Inc. 1649 Shoreline Dr STE 204 Boise,ID 83702(986)200-8407 B-1 MAIN STREET POWER OF ATTORNEY AMERICA INSURANCE KNOW ALL PARTIES BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida,pursuant to Article IV, Section 2 of the By-Laws of said Company,to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. " does hereby make, constitute and appoint Brandon McKee,Ted Rarrick,Raymond Klucznik,Jennifer Grenrood, Matthew Grenrood, Chrystal R.Hedges,Jennifer Castillo,Joseph A. Clarken III,Melanie Ankeney,Patrick R.Hedges its true and lawful Attorneys-in-fact,to make, execute, seal and deliver for and on its behalf,and as its act and deed,bonds, undertakings,recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Twenty Five Million Dollars ($25,000,000.00) including any related Consent of Surety or supplemental documents required and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such office and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Secretary and its corporate seal to be hereto affixed this 9th day of October, 2024. `\,'11U1/4 NGM INSURANCE COMPANY By: � ( tszi 1 = Lauren K. Powell \ State of Wisconsin, Vice President, Corporate Secretary " ",°"'`� 11°"'° County of Dane. On this 9th day of October, 2024, before the subscriber a Notary Public of State of Wisconsin in and for the County of Dane dul commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer describe herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, depose and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of sai Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authorit and direction of the said Company;that Article IV,Section 2 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Madison,yisconsin this 9th day of October, 2024 -Mad* igitvo , N`. My Commission Expires February 8, 2027 ‘,1,. . I,Nathan Hoyt,Assistant Vice President of NGM Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company at Madison,Wisconsin this 24th day of April 2026 Nathan Hoyt,Assistant Vice President 3�16" ��r 71w* WARNING:Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281. TO SUBMIT A CLAIM:Send all correspondence to 55 West Street,Keene,NH 03431 Attn:Bond Claim Dept.or call our Bond Claim Dept.at 1-603-358-1437. Spokane j Val ley BOND NO: S-345220 EXHIBIT B CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Liberty Landworks (Contractor), as Principal, a contract for the construction of the project designated as Balfour Sports Courts Project No.0373 in Spokane Valley,Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and NGM Insurance Company (Surety), a corporation organized under the laws Florida and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S. Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$515,847.74 total Contract amount(including Washington State sales tax),subject to the provisions herein. This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics,subcontractors, and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work;and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR) SURETY w _,, 4/24/2026 4/24/2026 Principe ture Date Surety Signature Date Kasey Batman Matthew Grenrood Printed Name Printed Name General Manager Attorney-in-Fact Title Title 1923 Name,address,and telephone of local office/agent of Surety Company is: , ,�,, 0111111110 Constructors Bonding Inc. 1649 Shoreline Dr STE 204 Boise,ID 83702(986)200-8407 B-2 MAIN STREET POWER OF ATTORNEY •.41, AMERICA INSURANCE KNOW ALL PARTIES BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida,pursuant to Article IV, Section 2 of the By-Laws of said Company,to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. " does hereby make, constitute and appoint Brandon McKee,Ted Rarrick,Raymond Klucznik,Jennifer Grenrood, Matthew Grenrood, Chrystal R.Hedges,Jennifer Castillo,Joseph A. Clarken III,Melanie Ankeney,Patrick R.Hedges its true and lawful Attorneys-in-fact,to make, execute, seal and deliver for and on its behalf, and as its act and deed,bonds, undertakings,recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Twenty Five Million Dollars ($25,000,000.00) including any related Consent of Surety or supplemental documents required and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such office and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Secretary and its corporate seal to be hereto affixed this 9th day of October, 2024. �,N11111111�„s NGM INSURANCE COMPANY By: �N �y. 1923f Lauren K. Powell �/ r State of Wisconsin, Vice President, Corporate Secretary "'° 1,), , County of Dane. On this 9th day of October, 2024, before the subscriber a Notary Public of State of Wisconsin in and for the County of Dane dul commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer describe herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, depose and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of sai Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authorit and direction of the said Company;that Article IV,Section 2 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Madison,Wisconsin this 9th day of October,2024 -Ma/tie J 449 ,,NV My Commission Expires February 8,2027 ;`."oeuo,7 I,Nathan Hoyt,Assistant Vice President of NGM Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Madison,Wisconsin this 24th day of April , 2026 IOC 4411, 'Cr Nathan Hoyt,Assistant Vice President WARNING:Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281. TO SUBMIT A CLAIM:Send all correspondence to 55 West Street,Keene,NH 03431 Ann:Bond Claim Dept.or call our Bond Claim Dept.at 1-603-358-1437. Spokane ..Valleyq BOND NO: 5-345220 CONTRACTOR'S RETAINAGE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Liberty Landworks ("Contractor"),as Principal,a contract for the construction of the project designated as Balfour Sports Courts Project No.0373(the"Contract")in Spokane Valley,Washington. The Principal,existing under and by virtue of the laws of the State of Washington and authorized to do business in the State of Washington,and NGM Insurance Company organized and existing under the laws of the State of Florida and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto the City of Spokane Valley, hereinafter called Obligee,and are similarly held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW,in the penal sum of 5%of the Contract,which is Twenty Five Thousand Seven Hundred. Ninety Two and 39/100 dollars ($25,792.39), plus 5% of any increases in the Contract amount that have occurred or may occur, due to change orders, increases in the quantities, or the addition of any new item of work. WHEREAS,on the 24th day of April ,2026,the said Principal and Obligee herein executed and entered into the Contract. WHEREAS,said Contract and chapter 60.28 RCW require the Obligee to withhold from the Principal the sum of 5% from monies earned by the Principal on estimates during the progress of the construction, hereinafter referred to as earned retained funds. WHEREAS, the Principal has requested that the Obligee accept a bond in lieu of earned retained funds as allowed under chapter 60.28 RCW. NOW THEREFORE,the condition of the obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW in the aforesaid sum. This bond, including any proceeds therefrom,is subject to all claims and liens and in the same manner and priority as set forth for retained percentages in chapter 60.28 RCW. The condition of this obligation is also such that if the Principal shall satisfy all payment obligations to persons who may lawfully claim under the trust fund purposes of chapter 60.28 RCW to the Obligee, and indemnify and hold the Obligee harmless from any and all loss, costs, and damages that the Obligee may sustain by release of the earned retained funds to the Principal,then upon notification of such satisfaction and release of the Surety by the Obligee,this obligation shall be null and void. PROVIDED HOWEVER,that: 1. The Surety shall be liable under this obligation as Principal. The Surety will not be discharged or released from liability for any act, omission or defenses of any kind or nature that would not also discharge Principal. 2. This obligation shall be binding upon and inure to the benefit of the Principal,the Surety,the Obligee, the beneficiaries of the trust fund created by chapter 60.28 RCW and their respective heirs,executors, administrators,successors and assigns. 3. Any suit under this bond must be instituted within the time provided by applicable law. B-3 This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR) SURETY -------..�( 4/2026 4/24/2026 Principal Si ature Date Surety Signature Date Kasey Batman Matthew Grenrood Printed Name Printed Name General Manager Attorney-in-Fact 4 o��u o��) Title Title Name,address,and telephone of local office/agent of Surety Company is: n,2omo►" Constructors Bonding Inc. 1649 Shoreline Dr STE 204 Boise,ID 83702 (986)200-8407 B-4 MAI STREET POWER OF ATTORNEY AMERICA (t_tote!! INSURANCE KNOW ALL PARTIES BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida,pursuant to Article IV, Section 2 of the By-Laws of said Company,to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. " does hereby make, constitute and appoint Brandon McKee,Ted Rarrick,Raymond Klucznik,Jennifer Grenrood, Matthew Grenrood,Chrystal R. Hedges,Jennifer Castillo,Joseph A.Clarken III,Melanie Ankeney,Patrick R.Hedges its true and lawful Attorneys-in-fact,to make, execute, seal and deliver for and on its behalf, and as its act and deed,bonds, undertakings,recognizances, contracts of indemnity,or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Twenty Five Million Dollars ($25,000,000.00) including any related Consent of Surety or supplemental documents required and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such office and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Secretary and its corporate seal to be hereto affixed this 9th day of October, 2024. NGM INSURANCE COMPANY By: T. Lf-- o _, 1923 Ali Lauren K. Powell State of Wisconsin, Vice President, Corporate Secretary "'% -.,� County of Dane. On this 9th day of October, 2024, before the subscriber a Notary Public of State of Wisconsin in and for the County of Dane dul commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer describe herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, depose and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of sai Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authorit and direction of the said Company;that Article IV, Section 2 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Madison,Wisconsin this 9th day of October, 2024 My Commission Expires February 8,2027 k Ave00 a.wncar I,Nathan Hoyt,Assistant Vice President of NGM Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Madison,Wisconsin this 24th day of April , 2026 it&Nathan Hoyt,Assistant Vice President rtCl� WARNING:Any unauthorized reproduction or alteration of this documcnt is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281. TO SUBMIT A CLAIM:Send all correspondence to 55 West Street,Keene,NH 03431 Attn:Bond Claim Dept.or call our Bond Claim Dept.at 1-603-358-1437. i"'.11INI COEUDAL-38 ANAVA ACCM0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 044.----- 4/29/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Debbie Johnston,CRM,CPCU,CIWCS,CPIW,ARM,AMIM,AINS NAME: Alliant Insurance Services,Inc. PHONE FAX 818 W Riverside Ave Ste 800 (A/C,No,Etc*(208)770-3844 (A/C,No):(509)325-1803 Spokane,WA 99201 EADDRESS;debbie.johnston@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:Western National Assurance Company 24465 INSURED INSURER B:WCF Select Insurance Company 21865 Liberty Landworks LLC INSURER C: 11916 N Reed Road INSURER D: Hayden,ID 83835 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER T POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X CPP 1377701 6/30/2025 6/30/2026 PREMISES(EaEoNceurrrence) $ 1,000,000 X $1,000 PD Deductible 10,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JE f X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED a SINGLE LIMIT $ 1,000,000 X ANY AUTO X CPP 1372698 6/30/2025 6/30/2026 BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON OWNED PROPERTY DAMAGE — AUTOS ONLY AUTOS ONLY (Per accident) $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE X UMB 1062324 6/30/2025 6/30/2026 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 B WORKERS COMPENSATION I X PER OTH- AND EMPLOYERS'LIABILITY 4120998 7/1/2025 7/1/2026 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 1,000,000 MFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ andatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#:0373. Project Name:Balfour Sports Courts. Project Location:Spokane Valley;Balfour Park,105 N,Balfour Road. City of Spokane Valley,officers,elected officials,employees,agents,and volunteers are included as Additional Insured with Primary&Non-Contributory on the General Liability,Auto Liability and Excess Liability Policies,if required by written contract or agreement,subject to the policy terms and conditions.A Waiver of Subrogation is provided on the General Liability Policy,if required by written contract or agreement,subject to the policy terms and conditions.Per project aggregate is included. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Glenn Ritter, PE 10210 E.Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 1/lant Certificate Disclaimer Alliant Insurance has recently updated their procedures to minimize unnecessary errors. We will do so by adhering to the recommendations found in the recent Acord form manual and by maintaining compliance with state statutes. Alliant aims to ensure clarity and accuracy in coverage interpretation while also protecting the interests of clients and certificate holders. While we can still add specific details such as job numbers, contract names, event dates, or specific locations on certificates, Alliant cannot bind insurers to anything beyond what is specified in the applicable endorsement(s). If the Additional Insured or Waiver of Subrogation box is checked, individuals can refer to the applicable endorsement attached to their certificate for detailed coverage information. Ultimately, coverage is determined by the policy, its terms, individual endorsements and as established by the contract between the Named Insured and their client. Alliant Insurance Services,Inc. 818 W Riverside Ave Ste 800 Spokane,WA 99201 COMMERCIAL GENERAL LIABILITY CG00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, occurs during the policy period; and duties and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you" and "your" under Paragraph 1. of Section II — Who Is refer to the Named Insured shown in the Declarations, An Insured and no "employee" authorized and any other person or organization qualifying as a by you to give or receive notice of an Named Insured under this policy. The words "we", "occurrence" or claim, knew that the "bodily "us" and "our" refer to the company providing this injury" or "property damage" had occurred, insurance. in whole or in part. If such a listed insured The word "insured" means any person or organization or authorized "employee" knew, prior to the qualifying as such under Section II — Who Is An policy period, that the "bodily injury" or Insured. "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation "bodily injury" or "property damage" during marks have special meaning. Refer to Section V — or after the policy period will be deemed to Definitions. have been known prior to the policy period. SECTION I—COVERAGES c. "Bodily injury" or "property damage" which COVERAGE A— BODILY INJURY AND PROPERTY occurs during the policy period and was not, DAMAGE LIABILITY prior to the policy period, known to have 1. Insuring Agreement occurred by any insured listed under Paragraph 1. of Section II —Who Is An Insured a. We will pay those sums that the insured or any "employee" authorized by you to give or becomes legally obligated to pay as damages receive notice of an "occurrence" or claim, because of"bodily injury" or"property damage" includes any continuation, change or to which this insurance applies. We will have resumption of that "bodily injury" or "property the right and duty to defend the insured against damage" after the end of the policy period. any "suit" seeking those damages. However, d. "Bodily injury" or "property damage" will be we will have no duty to defend the insured deemed to have been known to have occurred against any "suit" seeking damages for "bodily at the earliest time when any insured listed injury" or property damage" to which this insurance does not apply. We may, at our under Paragraph 1. of Section II — Who Is An discretion, investigate any and Insured or any"employee"authorized by you to occurrence settle any claim or"suit"that may result. But: give or receive notice of an "occurrence" or claim: (1) The amount we will pay for damages is (1) Reports all, or any part, of the "bodily injury" limited as described in Section III — Limits or "property damage" to us or any other Of Insurance; and insurer; (2) Our right and duty to defend ends when we have used up the applicable limit of (2) Receives a written or verbal demand or insurance in the payment of judgments or claim for damages because of the "bodily settlements under Coverages A or B or injury" or"property damage"; or medical expenses under Coverage C. (3) Becomes aware by any other means that No other obligation or liability to pay sums or "bodily injury" or "property damage" has perform acts or services is covered unless occurred or has begun to occur. explicitly provided for under Supplementary e. Damages because of "bodily injury" include Payments—Coverages A and B. damages claimed by any person or orb. This insurance applies to "bodily injury" and restion ultingcare, loss of at an y time from the bo y ury". (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 16 2. Exclusions This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or other wrongdoing in: a. Expected Or Intended Injury (a) The supervision, hiring, employment, "Bodily injury" or "property damage" expected training or monitoring of others by that or intended from the standpoint of the insured. insured; or This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to (b) Providing or failing to provide protect persons or property. transportation with respect to any person that may be under the influence b. Contractual Liability of alcohol; "Bodily injury" or "property damage" for which if the "occurrence" which caused the "bodily the insured is obligated to pay damages by injury" or "property damage", involved that reason of the assumption of liability in a which is described in Paragraph (1), (2) or (3) contract or agreement. This exclusion does not above. apply to liability for damages: However, this exclusion applies only if you are (1) That the insured would have in the absence in the business of manufacturing, distributing, of the contract or agreement; or selling, serving or furnishing alcoholic (2) Assumed in a contract or agreement that is beverages. For the purposes of this exclusion, an "insured contract", provided the "bodily permitting a person to bring alcoholic injury" or "property damage" occurs beverages on your premises, for consumption subsequent to the execution of the contract on your premises, whether or not a fee is or agreement. Solely for the purposes of charged or a license is required for such liability assumed in an "insured contract", activity, is not by itself considered the business reasonable attorneys' fees and necessary of selling, serving or furnishing alcoholic litigation expenses incurred by or for a party beverages. other than an insured are deemed to be d. Workers' Compensation And Similar Laws damages because of "bodily injury" or "property damage", provided: Any obligation of the insured under a workers' compensation, disability benefits or (a) Liability to such party for, or for the cost unemployment compensation law or any of, that party's defense has also been similar law. assumed in the same "insured contract"; and e. Employer's Liability (b) Such attorneys' fees and litigation "Bodily injury"to: expenses are for defense of that party (1) An "employee" of the insured arising out of against a civil or alternative dispute and in the course of: resolution proceeding in which damages (a) Employment by the insured; or to which this insurance applies are alleged. (b) Performing duties related to the conduct of the insured's business; or c. Liquor Liability (2) The spouse, child, parent, brother or sister "Bodily injury" or "property damage" for which of that "employee" as a consequence of any insured may be held liable by reason of: Paragraph (1) above. (1) Causing or contributing to the intoxication of This exclusion applies whether the insured any person; may be liable as an employer or in any other (2) The furnishing of alcoholic beverages to a capacity and to any obligation to share person under the legal drinking age or damages with or repay someone else who under the influence of alcohol; or must pay damages because of the injury. (3) Any statute, ordinance or regulation relating This exclusion does not apply to liability to the sale, gift, distribution or use of assumed by the insured under an "insured alcoholic beverages. contract". Page 2 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of"pollutants": performing operations if the "pollutants" are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" if sustained within a (i) "Bodily injury" or "property damage" arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (ii) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes disposed of, or processed as waste by from a "hostile fire . or for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any: out of: (a) Request, demand, order or statutory or (a) The operation of machinery or regulatory requirement that any insured equipment that is attached to, or part of, or others test for, monitor, clean up, a land vehicle that would qualify under remove, contain, treat, detoxify or the definition of "mobile equipment" if it neutralize, or in any way respond to, or were not subject to a compulsory or assess the effects of, "pollutants"; or financial responsibility law or other (b) Claim or suit by or on behalf of a motor vehicle insurance law where it is governmental authority for damages licensed or principally garaged; or because of testing for, monitoring, (b) The operation of any of the machinery cleaning up, removing, containing, or equipment listed in Paragraph f.(2) or treating, detoxifying or neutralizing, or in f.(3) of the definition of "mobile any way responding to, or assessing the equipment". effects of, "pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or "property damage" arising out liability for damages because of "property of: damage" that the insured would have in the absence of such request, demand, order or (1) The transportation of"mobile equipment" by statutory or regulatory requirement, or such an "auto"owned or operated by or rented or claim or "suit" by or on behalf of a loaned to any insured; or governmental authority. (2) The use of "mobile equipment" in, or while g. Aircraft, Auto Or Watercraft in practice for, or while being prepared for, any prearranged racing, speed, demolition, "Bodily injury" or "property damage" arising out or stunting activity. of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or i. War watercraft owned or operated by or rented or "Bodily injury" or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and "loading or unloading". (1) War, including undeclared or civil war; This exclusion applies even if the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, actual or expected attack, by any employment, training or monitoring of others by government, sovereign or other authority that insured, if the "occurrence" which caused the "bodily injury" or "property damage" using military personnel or other agents; or involved the ownership, maintenance, use or (3) Insurrection, rebellion, revolution, usurped entrustment to others of any aircraft, "auto" or power, or action taken by governmental watercraft that is owned or operated by or authority in hindering or defending against rented or loaned to any insured. any of these. This exclusion does not apply to: j. Damage To Property (1) A watercraft while ashore on premises you "Property damage"to: own or rent; Property you own, rent, or occup y,Pro p y including (2) A watercraft you do not own that is: any costs or expenses incurred by you, or (a) Less than 26 feet long; and any other person, organization or entity, for repair, replacement, enhancement, (b) Not being used to carry persons or restoration or maintenance of such property property for a charge; for any reason, including prevention of (3) Parking an "auto" on, or on the ways next injury to a person or damage to another's to, premises you own or rent, provided the property; "auto" is not owned by or rented or loaned (2) Premises you sell, give away or abandon, if to you or the insured; the "property damage" arises out of any (4) Liability assumed under any "insured part of those premises; contract" for the ownership, maintenance or (3) Property loaned to you; use of aircraft or watercraft; or Page 4 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) Personal property in the care, custody or This exclusion does not apply to the loss of use control of the insured; of other property arising out of sudden and (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products,Work Or Impaired the "property damage" arises out of those Property operations; or Damages claimed for any loss, cost or (6) That particular part of any property that expense incurred by you or others for the loss must be restored, repaired or replaced of use, withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of: Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product"; not apply to "property damage" (other than (2) "Your work"; or damage by fire) to premises, including the contents of such premises, rented to you for a (3) "Impaired property"; period of seven or fewer consecutive days. A if such product, work, or property is withdrawn separate limit of insurance applies to Damage or recalled from the market or from use by any To Premises Rented To You as described in person or organization because of a known or Section III—Limits Of Insurance. suspected defect, deficiency, inadequacy or Paragraph (2) of this exclusion does not apply dangerous condition in it. if the premises are "your work" and were never o. Personal And Advertising Injury occupied, rented or held for rental by you. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p. Electronic Data under a sidetrack agreement. Paragraph (6) of this exclusion does not apply Damages arising out of the loss of, loss of use to "property damage" included in the "products- of, damage to, corruption of, inability to access, completed operations hazard". or inability to manipulate electronic data. k. Damage To Your Product However, this exclusion does not apply to liability for damages because of"bodily injury". "Property damage" to "your product" arising out As used in this exclusion, electronic data of it or any part of it. means information, facts or programs stored as I. Damage To Your Work or on, created or used on, or transmitted to or "Property damage" to "your work" arising out of from computer software, including systems and it or any part of it and included in the "products- applications software, hard or floppy disks, CD- completed operations hazard". ROMs, tapes, drives, cells, data processing devices or any other media which are used This exclusion does not apply if the damaged with electronically controlled equipment. work or the work out of which the damage arises was performed on your behalf by a q. Recording And Distribution Of Material Or subcontractor. Information In Violation Of Law m. Damage To Impaired Property Or Property "Bodily injury" or "property damage" arising Not Physically Injured directly or indirectly out of any action or "Property damage" to "impaired property" or omission that violates or is alleged to violate: property that has not been physically injured, (1) The Telephone Consumer Protection Act arising out of: (TCPA), including any amendment of or (1) A defect, deficiency, inadequacy or addition to such law; dangerous condition in "your product" or (2) The CAN-SPAM Act of 2003, including any "your work"; or amendment of or addition to such law; (2) A delay or failure by you or anyone acting (3) The Fair Credit Reporting Act (FCRA), and on your behalf to perform a contract or any amendment of or addition to such law, agreement in accordance with its terms. including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, 2. Exclusions ordinance or regulation, other than the This insurance does not apply to: TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that a. Knowing Violation Of Rights Of Another addresses, prohibits, or limits the printing, "Personal and advertising injury" caused by or dissemination, disposal, collecting, at the direction of the insured with the recording, sending, transmitting, knowledge that the act would violate the rights communicating or distribution of material or of another and would inflict "personal and information. advertising injury". Exclusions c. through n. do not apply to damage b. Material Published With Knowledge Of by fire to premises while rented to you or Falsity temporarily occupied by you with permission of the "Personal and advertising injury" arising out of owner. A separate limit of insurance applies to this oral or written publication, in any manner, of coverage as described in Section III — Limits Of material, if done by or at the direction of the Insurance. insured with knowledge of its falsity. COVERAGE B— PERSONAL AND ADVERTISING c. Material Published Prior To Policy Period INJURY LIABILITY 1. Insuring Agreement "Personal and advertising injury" arising out of oral or written publication, in any manner, of a. We will pay those sums that the insured material whose first publication took place becomes legally obligated to pay as damages before the beginning of the policy period. because of "personal and advertising injury" to d. Criminal Acts which this insurance applies. We will have the right and duty to defend the insured against "Personal and advertising injury" arising out of any "suit" seeking those damages. However, a criminal act committed by or at the direction we will have no duty to defend the insured of the insured. against any "suit" seeking damages for e. Contractual Liability "personal and advertising injury" to which this "Personal and advertising injury" for which the insurance does not apply. We may, at our insured has assumed liability in a contract or discretion, investigate any offense and settle any claim or"suit"that may result. But: agreement. This exclusion does not apply to liability for damages that the insured would (1) The amount we will pay for damages is have in the absence of the contract or limited as described in Section III — Limits agreement. Of Insurance; and f. Breach Of Contract (2) Our right and duty to defend end when we have used up the applicable limit of "Personal and advertising injury" arising out of insurance in the payment of judgments or a breach of contract, except an implied settlements under Coverages A or B or contract to use another's advertising idea in medical expenses under Coverage C. your"advertisement". No other obligation or liability to pay sums or g. Quality Or Performance Of Goods— Failure perform acts or services is covered unless To Conform To Statements explicitly provided for under Supplementary "Personal and advertising injury" arising out of Payments—Coverages A and B. the failure of goods, products or services to conform with any statement of quality or b. This insurance applies to "personal and performance made in your"advertisement". advertising injury" caused by an offense arising out of your business but only if the offense was h. Wrong Description Of Prices committed in the "coverage territory" during the "Personal and advertising injury" arising out of policy period. the wrong description of the price of goods, products or services stated in your "advertisement". Page 6 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 i. Infringement Of Copyright, Patent, n. Pollution-related Trademark Or Trade Secret Any loss, cost or expense arising out of any: "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or the infringement of copyright, patent, regulatory requirement that any insured or trademark, trade secret or other intellectual others test for, monitor, clean up, remove, property rights. Under this exclusion, such contain, treat, detoxify or neutralize, or in other intellectual property rights do not include any way respond to, or assess the effects the use of another's advertising idea in your of, "pollutants"; or "advertisement". (2) Claim or suit by or on behalf of a However, this exclusion ,does not apply to governmental authority for damages infringement, in your "advertisement", of because of testing for, monitoring, cleaning copyright, trade dress or slogan. up, removing, containing, treating, j. Insureds In Media And Internet Type detoxifying or neutralizing, or in any way Businesses responding to, or assessing the effects of, "Personal and advertising injury" committed by "pollutants". an insured whose business is: o. War (1) Advertising, broadcasting, publishing or "Personal and advertising injury", however telecasting; caused, arising, directly or indirectly, out of: (2) Designing or determining content of web (1) War, including undeclared or civil war; sites for others; or (2) Warlike action by a military force, including (3) An Internet search, access, content or action in hindering or defending against an service provider. actual or expected attack, by any However, this exclusion does not apply to government, sovereign or other authority Paragraphs 14.a., b. and c. of "personal and using military personnel or other agents; or advertising injury" under the Definitions (3) Insurrection, rebellion, revolution, usurped section. power, or action taken by governmental For the purposes of this exclusion, the placing authority in hindering or defending against of frames, borders or links, or advertising, for any of these. you or others anywhere on the Internet, is not p. Recording And Distribution Of Material Or by itself, considered the business of Information In Violation Of Law advertising, broadcasting, publishing or "Personal and advertising injury" arising telecasting. directly or indirectly out of any action or k. Electronic Chatrooms Or Bulletin Boards omission that violates or is alleged to violate: "Personal and advertising injury" arising out of (1) The Telephone Consumer Protection Act an electronic chatroom or bulletin board the (TCPA), including any amendment of or insured hosts, owns, or over which the insured addition to such law; exercises control. (2) The CAN-SPAM Act of 2003, including any I. Unauthorized Use Of Another's Name Or amendment of or addition to such law; Product (3) The Fair Credit Reporting Act (FCRA), and "Personal and advertising injury" arising out of any amendment of or addition to such law, the unauthorized use of another's name or including the Fair and Accurate Credit product in your e-mail address, domain name Transactions Act (FACTA); or or metatag, or any other similar tactics to (4) Any federal, state or local statute, mislead another's potential customers. ordinance or regulation, other than the m. Pollution TCPA, CAN-SPAM Act of 2003 or FCRA "Personal and advertising injury" arising out of and their amendments and additions, that the actual, alleged or threatened discharge, addresses, prohibits, or limits the printing, dispersal, seepage, migration, release or dissemination, disposal, collecting, escape of"pollutants" at any time. recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 7 of 16 COVERAGE C—MEDICAL PAYMENTS d. Workers'Compensation And Similar Laws 1. Insuring Agreement To a person, whether or not an "employee" of a. We will pay medical expenses as described any insured, if benefits for the "bodily injury" below for"bodily injury" caused by an accident: are payable or must be provided under a (1) On premises you own or rent; workers' compensation or disability benefits law or a similar law. (2) On ways next to premises you own or rent; e. Athletics Activities or To a person injured while practicing, instructing (3) Because of your operations; or participating in any physical exercises or provided that: games, sports, or athletic contests. (a) The accident takes place in the f. Products-Completed Operations Hazard "coverage territory"and during the policy Included within the "products-completed period; operations hazard". (b) The expenses are incurred and reported g. Coverage A Exclusions to us within one year of the date of the Excluded under Coverage A. accident; and g (c) The injured person submits to SUPPLEMENTARY PAYMENTS—COVERAGES A examination, at our expense, by AND B physicians of our choice as often as we 1. We will pay, with respect to any claim we reasonably require. investigate or settle, or any "suit" against an b. We will make these payments regardless of insured we defend: fault. These payments will not exceed the a. All expenses we incur. applicable limit of insurance. We will pay b. Up to $250 for cost of bail bonds required reasonable expenses for: because of accidents or traffic law violations (1) First aid administered at the time of an arising out of the use of any vehicle to which accident; the Bodily Injury Liability Coverage applies. We (2) Necessary medical, surgical, X-ray and do not have to furnish these bonds. dental services, including prosthetic c. The cost of bonds to release attachments, but devices; and only for bond amounts within the applicable (3) Necessary ambulance, hospital, limit of insurance. We do not have to furnish professional nursing and funeral services. these bonds. 2. Exclusions d. All reasonable expenses incurred by the insured at our request to assist us in the We will not pay expenses for"bodily injury": investigation or defense of the claim or "suit", a. Any Insured including actual loss of earnings up to $250 a To any insured, except"volunteer workers". day because of time off from work. b. Hired Person e. All court costs taxed against the insured in the "suit". However, these payments do not include To a person hired to do work for or on behalf of attorneys' fees or attorneys' expenses taxed any insured or a tenant of any insured. against the insured. c. Injury On Normally Occupied Premises f. Prejudgment interest awarded against the To a person injured on that part of premises insured on that part of the judgment we pay. If you own or rent that the person normally we make an offer to pay the applicable limit of occupies. insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 g. All interest on the full amount of any judgment So long as the above conditions are met, that accrues after entry of the judgment and attorneys' fees incurred by us in the defense of before we have paid, offered to pay, or that indemnitee, necessary litigation expenses deposited in court the part of the judgment that incurred by us and necessary litigation expenses is within the applicable limit of insurance. incurred by the indemnitee at our request will be These payments will not reduce the limits of paid as Supplementary Payments. insurance. Notwithstanding the provisions of Paragraph a "suit" and an 2.b.(2) of Section I — Coverage A — Bodily Injury 2. If we defend an insured against And Property Damage Liability, such payments will indemnitee of the insured is also named as a party not be deemed to be damages for "bodily injury" to the "suit", we will defend that indemnitee if all of and "property damage" and will not reduce the the following conditions are met: limits of insurance. a. The "suit" against the indemnitee seeks Our obligation to defend an insured's indemnitee damages for which the insured has assumed and to pay for attorneys' fees and necessary the liability of the indemnitee in a contract or litigationexpenses as Supplementary Payments agreement that is an "insured contract"; g pp ry y ends when we have used up the applicable limit of b. This insurance applies to such liability insurance in the payment of judgments or assumed by the insured; settlements or the conditions set forth above, or c. The obligation to defend, or the cost of the the terms of the agreement described in defense of, that indemnitee, has also been Paragraph f. above, are no longer met. assumed by the insured in the same "insured SECTION II—WHO IS AN INSURED contract"; 1. If you are designated in the Declarations as: d. The allegations in the "suit" and the information a. An individual, you and your spouse are we know about the "occurrence" are such that insureds, but only with respect to the conduct no conflict appears to exist between the of a business of which you are the sole owner. interests of the insured and the interests of the indemnitee; b. A partnership or joint venture, you are an insured. Your members, your partners, and e. The indemnitee and the insured ask us to their spouses are also insureds, but only with conduct and control the defense of that respect to the conduct of your business. indemnitee against such "suit" and agree that we can assign the same counsel to defend the c. A limited liability company, you are an insured. insured and the indemnitee; and Your members are also insureds, but only with respect to the conduct of your business. Your f. The indemnitee: managers are insureds, but only with respect (1) Agrees in writing to: to their duties as your managers. (a) Cooperate with us in the investigation, d. An organization other than a partnership, joint settlement or defense of the "suit"; venture or limited liability company, you are an (b) Immediately send us copies of any insured. Your "executive officers" and directors demands, notices, summonses or legal are insureds, but only with respect to their papers received in connection with the duties as your officers or directors. Your "suit"; stockholders are also insureds, but only with respect to their liability as stockholders. (c) Notify any other insurer whose coverage e. A trust, you are an insured. Your trustees are is available to the indemnitee; and also insureds, but only with respect to their (d) Cooperate with us with respect to duties as trustees. coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 9 of 16 2. Each of the following is also an insured: c. Any person or organization having proper a. Your"volunteer workers" only while performing temporary custody of your property if you die, duties related to the conduct of your business, but only: or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property; and other than a partnership,joint venture or limited (2) Until your legal representative has been liability company) or your managers (if you are appointed. a limited liability company), but only for acts within the scope of their employment by you or d. Your legal representative if you die, but only while performing duties related to the conduct with respect to duties as such. That of your business. However, none of these representative will have all your rights and "employees" or "volunteer workers" are duties under this Coverage Part. insureds for: 3. Any organization you newly acquire or form, other (1) "Bodily injury" or "personal and advertising than a partnership, joint venture or limited liability injury": company, and over which you maintain ownership or majority interest, will qualify as a Named (a) To you, to your partners or members (if Insured if there is no other similar insurance you are a partnership or joint venture), available to that organization. However: to your members (if you are a limited liability company), to a co-"employee" a. Coverage under this provision is afforded only while in the course of his or her until the 90th day after you acquire or form the employment or performing duties related organization or the end of the policy period, to the conduct of your business, or to whichever is earlier; your other "volunteer workers" while b. Coverage A does not apply to "bodily injury" or performing duties related to the conduct "property damage" that occurred before you of your business; acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co-"employee" or advertising injury" arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph (1)(a) above; organization. (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership,joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or(b) above; or SECTION III—LIMITS OF INSURANCE (d) Arising out of his or her providing or 1. The Limits of Insurance shown in the Declarations failing to provide professional health and the rules below fix the most we will pay care services. regardless of the number of: (2) "Property damage"to property: a. Insureds; (a) Owned, occupied or used by; b. Claims made or"suits" brought; or (b) Rented to, in the care, custody or c. Persons or organizations making claims or control of, or over which physical control bringing "suits". is being exercised for any purpose by; you, any of your "employees", "volunteer 2. The General Aggregate Limit is the most we will workers", any partner or member(if you are pay for the sum of: a partnership or joint venture), or any a. Medical expenses under Coverage C; member (if you are a limited liability b. Damages under Coverage A, except damages company). because of"bodily injury" or"property damage" b. Any person (other than your "employee" or included in the "products-completed operations "volunteer worker"), or any organization while hazard"; and acting as your real estate manager. c. Damages under Coverage B. Page 10 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 3. The Products-Completed Operations Aggregate (3) The nature and location of any injury or Limit is the most we will pay under Coverage A for damage arising out of the "occurrence" or damages because of "bodily injury" and "property offense. damage" included in the "products-completed b. If a claim is made or "suit" is brought against operations hazard". any insured, you must: 4. Subject to Paragraph 2. above, the Personal And (1) Immediately record the specifics of the Advertising Injury Limit is the most we will pay claim or"suit"and the date received; and under Coverage B for the sum of all damages because of all "personal and advertising injury" (2) Notify us as soon as practicable. sustained by any one person or organization. You must see to it that we receive written 5. Subject to Paragraph 2. or 3. above, whichever notice of the claim or "suit" as soon as applies, the Each Occurrence Limit is the most we practicable. will pay for the sum of: c. You and any other involved insured must: a. Damages under Coverage A; and (1) Immediately send us copies of any b. Medical expenses under Coverage C demands, notices, summonses or legal because of all "bodily injury" and "property papers received in connection with the claim or"suit"; damage"arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To (2) Authorize us to obtain records and other information; Premises Rented To You Limit is the most we will pay under Coverage A for damages because of (3) Cooperate with us in the investigation or "property damage" to any one premises, while settlement of the claim or defense against rented to you, or in the case of damage by fire, the "suit"; and while rented to you or temporarily occupied by you (4) Assist us, upon our request, in the with permission of the owner. enforcement of any right against any 7. Subject to Paragraph 5. above, the Medical person or organization which may be liable Expense Limit is the most we will pay under to the insured because of injury or damage Coverage C for all medical expenses because of to which this insurance may also apply. "bodily injury"sustained by any one person. d. No insured will, except at that insured's own The Limits of Insurance of this Coverage Part apply cost, voluntarily make a payment, assume any separately to each consecutive annual period and to obligation, or incur any expense, other than for any remaining period of less than 12 months, starting first aid, without our consent. with the beginning of the policy period shown in the 3. Legal Action Against Us Declarations, unless the policy period is extended No person or organization has a right under this after issuance for an additional period of less than 12 Coverage Part: months. In that case, the additional period will be deemed part of the last preceding period for purposes a. To join us as a party or otherwise bring us into of determining the Limits of Insurance. a "suit"asking for damages from an insured; or SECTION IV—COMMERCIAL GENERAL LIABILITY b. To sue us on this Coverage Part unless all of CONDITIONS its terms have been fully complied with. 1. Bankruptcy A person or organization may sue us to recover on Bankruptcy or insolvency of the insured or of the an agreed settlement or on a final judgment insured's estate will not relieve us of our against an insured; but we will not be liable for obligations under this Coverage Part. damages that are not payable under the terms of this Coverage Part or that are in excess of the 2. Duties In The Event Of Occurrence, Offense, applicable limit of insurance. An agreed settlement Claim Or Suit means a settlement and release of liability signed a. You must see to it that we are notified as soon by us, the insured and the claimant or the as practicable of an "occurrence" or an offense claimant's legal representative. which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 11 of 16 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under amount of the loss, if any, that exceeds the Coverages A or B of this Coverage Part, our sum of: obligations are limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the absence of this insurance; and This insurance is primary except when Paragraph b. below applies. If this insurance is (b) The total of all deductible and self- primary, our obligations are not affected unless insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c. below. described in this Excess Insurance b. Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance (1) This insurance is excess over: shown in the Declarations of this Coverage (a) Any of the other insurance, whether Part. primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits contribution (i) That is Fire, Extended Coverage, by equal shares, we will follow this method Builder's Risk, Installation Risk or also. Under this approach each insurer similar coverage for"your work"; contributes equal amounts until it has paid its (ii) That is Fire insurance for premises applicable limit of insurance or none of the loss rented to you or temporarily remains, whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute (iii) That is insurance purchased by you by limits. Under this method, each insurer's to cover your liability as a tenant for share is based on the ratio of its applicable "property damage" to premises limit of insurance to the total applicable limits of rented to you or temporarily insurance of all insurers. occupied by you with permission of 5. Premium Audit the owner; or a. We will compute all premiums for this (iv) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. "autos" or watercraft to the extent not subject to Exclusion g. of Section I — b. Premium shown in this Coverage Part as Coverage A — Bodily Injury And advance premium is a deposit premium only. Property Damage Liability. At the close of each audit period we will compute the earned premium for that period (b) Any other primary insurance available to and send notice to the first Named Insured. you covering liability for damages The due date for audit and retrospective arising out of the premises or premiums is the date shown as the due date operations, or the products and on the bill. If the sum of the advance and audit completed operations, for which you premiums paid for the policy period is greater have been added as an additional than the earned premium, we will return the insured. excess to the first Named Insured. (2) When this insurance is excess, we will have c. The first Named Insured must keep records of no duty under Coverages A or B to defend the information we need for premium the insured against any "suit" if anyother g computation, and send us copies at such times insurer has a duty to defend the insured as we may request. against that "suit". If no other insurer defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights By accepting this policy, you agree: against all those other insurers. a. The statements in the Declarations are accurate and complete; Page 12 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us; and equipment". c. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or your representations. disease sustained by a person, including death 7. Separation Of Insureds resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4. "Coverage territory" means: any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only b. International waters or airspace, but only if the Named Insured; and injury or damage occurs in the course of travel b. Separately to each insured against whom claim or transportation between any places included is made or"suit" is brought. in Paragraph a. above; or 8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or To Us damage arises out of: If the insured has rights to recover all or part of (1) Goods or products made or sold by you in any payment we have made under this Coverage the territory described in Paragraph a. Part, those rights are transferred to us. The above; insured must do nothing after loss to impair them. (2) The activities of a person whose home is in At our request, the insured will bring "suit" or the territory described in Paragraph a. transfer those rights to us and help us enforce above, but is away for a short time on your them. business; or 9. When We Do Not Renew (3) "Personal and advertising injury" offenses If we decide not to renew this Coverage Part, we that take place through the Internet or will mail or deliver to the first Named Insured similar electronic means of communication; shown in the Declarations written notice of the provided the insured's responsibility to pay nonrenewal not less than 30 days before the damages is determined in a "suit" on the merits, in expiration date. the territory described in Paragraph a. above or in If notice is mailed, proof of mailing will be sufficient a settlement we agree to. proof of notice. 5. "Employee" includes a "leased worker". SECTION V—DEFINITIONS "Employee" does not include a "temporary worker". 1. "Advertisement" means a notice that is broadcast or published to the general public or specific 6. "Executive officer" means a person holding any of market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers or constitution, bylaws or any other similar governing supporters. For the purposes of this definition: document. a. Notices that are published include material 7. "Hostile fire" means one which becomes placed on the Internet or on similar electronic uncontrollable or breaks out from where it was means of communication; and intended to be. b. Regarding web sites, only that part of a web 8. "Impaired property" means tangible property, other site that is about your goods, products or than "your product" or "your work", that cannot be services for the purposes of attracting used or is less useful because: customers or supporters is considered an a. It incorporates "your product" or "your work" advertisement. that is known or thought to be defective, 2. "Auto" means: deficient, inadequate or dangerous; or a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a contract designed for travel on public roads, including or agreement; any attached machinery or equipment; or if such property can be restored to use by the b. Any other land vehicle that is subject to a repair, replacement, adjustment or removal of compulsory or financial responsibility law or "your product" or "your work" or your fulfilling the other motor vehicle insurance law where it is terms of the contract or agreement. licensed or principally garaged. CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract" means: 10."Leased worker" means a person leased to you by a. A contract for a lease of premises. However, a labor leasing firm under an agreement between that portion of the contract for a lease of you and the labor leasing firm, to perform duties premises that indemnifies any person or related to the conduct of your business. "Leased organization for damage by fire to premises worker"does not include a "temporary worker". while rented to you or temporarily occupied by 11."Loading or unloading" means the handling of you with permission of the owner is not an property: "insured contract"; a. After it is moved from the place where it is b. A sidetrack agreement; accepted for movement into or onto an aircraft, c. Any easement or license agreement, except in watercraft or"auto"; connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; "auto"; or d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft, indemnify a municipality, except in connection watercraft or "auto" to the place where it is with work for a municipality; finally delivered; e. An elevator maintenance agreement; but "loading or unloading" does not include the f. That part of any other contract or agreement movement of property by means of a mechanical pertaining to your business (including an device, other than a hand truck, that is not indemnification of a municipality in connection attached to the aircraft, watercraft or"auto". with work performed for a municipality) under 12."Mobile equipment" means any of the following which you assume the tort liability of another types of land vehicles, including any attached party to pay for "bodily injury" or "property machinery or equipment: damage" to a third person or organization. Tort a. Bulldozers, farm machinery, forklifts and other liability means a liability that would be imposed vehicles designed for use principally off public by law in the absence of any contract or roads; agreement. Paragraph f. does not include that part of any b. Vehicles maintained for use solely on or next to premises you own or rent; contract or agreement: (1) That indemnifies a railroad for"bodily injury" c. Vehicles that travel on crawler treads; or "property damage" arising out of d. Vehicles, whether self-propelled or not, construction or demolition operations, within maintained primarily to provide mobility to 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, (1) Power cranes, shovels, loaders, diggers or tracks, road-beds, tunnel, underpass or drills; or crossing; (2) Road construction or resurfacing equipment (2) That indemnifies an architect, engineer or such as graders, scrapers or rollers; surveyor for injury or damage arising out of: e. Vehicles not described in Paragraph a., b., c. (a) Preparing, approving, or failing to or d. above that are not self-propelled and are prepare or approve, maps, shop maintained primarily to provide mobility to drawings, opinions, reports, surveys, permanently attached equipment of the field orders, change orders or drawings following types: and specifications; or (1) Air compressors, pumps and generators, (b) Giving directions or instructions, or including spraying, welding, building failing to give them, if that is the primary cleaning, geophysical exploration, lighting cause of the injury or damage; or and well servicing equipment; or (3) Under which the insured, if an architect, (2) Cherry pickers and similar devices used to engineer or surveyor, assumes liability for raise or lower workers; an injury or damage arising out of the f. Vehicles not described in Paragraph a., b., c. insured's rendering or failure to render or d. above maintained primarily for purposes professional services, including those listed other than the transportation of persons or in (2) above and supervisory, inspection, cargo. architectural or engineering activities. Page 14 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 However, self-propelled vehicles with the 16."Products-completed operations hazard": following types of permanently attached a. Includes all "bodilyinjury" and "property damage equipment are not "mobile equipment" but will be considered "autos": " occurring away from premises you own or rent and arising out of"your product" or (1) Equipment designed primarily for: "your work" except: (a) Snow removal; (1) Products that are still in your physical (b) Road maintenance, but not construction possession; or or resurfacing; or (2) Work that has not yet been completed or (c) Street cleaning; abandoned. However, "your work" will be deemed completed at the earliest of the (2) Cherry pickers and similar devices mounted following times: on automobile or truck chassis and used to raise or lower workers; and (a) When all of the work called for in your (3) Air compressors, pumps and generators, contract has been completed. including spraying, welding, building (b) When all of the work to be done at the cleaning, geophysical exploration, lighting job site has been completed if your and well servicing equipment. contract calls for work at more than one However, "mobile equipment" does not include job site. any land vehicles that are subject to a compulsory (c) When that part of the work done at a job or financial responsibility law or other motor site has been put to its intended use by vehicle insurance law where it is licensed or any person or organization other than principally garaged. Land vehicles subject to a another contractor or subcontractor compulsory or financial responsibility law or other working on the same project. motor vehicle insurance law are considered Work that may need service, maintenance, "autos". correction, repair or replacement, but which 13."Occurrence" means an accident, including is otherwise complete, will be treated as continuous or repeated exposure to substantially completed. the same general harmful conditions. b. Does not include "bodily injury" or "property 14."Personal and advertising injury" means injury, damage"arising out of: including consequential "bodily injury", arising out (1) The transportation of property, unless the of one or more of the following offenses: injury or damage arises out of a condition in a. False arrest, detention or imprisonment; or on a vehicle not owned or operated by b. Malicious prosecution; you, and that condition was created by the "loading or unloading" of that vehicle by any c. The wrongful eviction from, wrongful entry into, insured; or invasion of the right of private occupancy of (2) The existence of tools, uninstalled a room, dwelling or premises that a person equipment or abandoned or unused occupies, committed by or on behalf of its materials; or owner, landlord or lessor; (3) Products or operations for which the d. Oral or written publication, in any manner, of classification, listed in the Declarations or in material that slanders or libels a person or a policySchedule, statesthat products- organization or disparages a person's or completed operations are subject to the organization's goods, products or services; General Aggregate Limit. e. Oral or written publication, in any manner, of 17."Property damage" means: material that violates a person's right of privacy; a. Physical injury to tangible property, including all resulting loss of use of that property. All f. The use of another's advertising idea in your such loss of use shall be deemed to occur at "advertisement"; or the time of the physical injury that caused it; or g. Infringing upon another's copyright, trade dress b. Loss of use of tangible property that is not or slogan in your"advertisement". physically injured. All such loss of use shall be 15."Pollutants" mean any solid, liquid, gaseous or deemed to occur at the time of the thermal irritant or contaminant, including smoke, "occurrence"that caused it. vapor, soot, fumes, acids, alkalis, chemicals and For the purposes of this insurance, electronic data waste. Waste includes materials to be recycled, is not tangible property. reconditioned or reclaimed. CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 15 of 16 As used in this definition, electronic data means b. Includes: information, facts or programs stored as or on, (1) Warranties or representations made at any created or used on, or transmitted to or from time with respect to the fitness, quality, computer software, including systems and durability, performance or use of "your applications software, hard or floppy disks, CD- product"; and ROMs, tapes, drives, cells, data processing devices or any other media which are used with (2) The providing of or failure to provide electronically controlled equipment. warnings or instructions. 18."Suit" means a civil proceeding in which damages c. Does not include vending machines or other because of "bodily injury", "property damage" or property rented to or located for the use of "personal and advertising injury" to which this others but not sold. insurance applies are alleged. "Suit" includes: 22."Your work": a. An arbitration proceeding in which such a. Means: damages are claimed and to which the insured (1) Work or operations performed by you or on must submit or does submit with our consent; your behalf; and or b. Any other alternative dispute resolution (2) Materials, parts or equipment furnished in proceeding in which such damages are connection with such work or operations. claimed and to which the insured submits with b. Includes: our consent. (1) Warranties or representations made at any 19."Temporary worker" means a person who is time with respect to the fitness, quality, furnished to you to substitute for a permanent durability, performance or use of "your "employee" on leave or to meet seasonal or short- work"; and term workload conditions. (2) The providing of or failure to provide 20."Volunteer worker" means a person who is not warnings or instructions. your"employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 16 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- jest. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ WN CA 80 06 19 BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT The Business Auto Enhancement Edge Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to the following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 5 Audio, Visual and Data Electronic Equipment—Limit Amended 5 Auto Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 4 Employee Hired Auto 6 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3, 6 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Primary and Noncontributory If Required by a Written Contract or Written Agreement 6 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to $5,000 3 • Loss of Earnings up to$500/Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing 3 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 6 WN CA 80 06 19 Page 1 of 6 Includes copyrighted material of Insurance Services Office,with its permission. WN CA 80 06 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERED AUTOS COVERAGE e. Any organization which is newly acquired or AMENDMENTS formed by you and over which you maintain A. Temporary Substitute Vehicle Physical Damage majority ownership. However, coverage under SECTION I — COVERED AUTOS, C. Certain this provision: Trailers, Mobile Equipment And Temporary (1) is afforded only for the first 180 days after you Substitute Autos is amended by adding the acquire or form the organization or until the following: end of the policy period, whichever comes If a covered "auto"you own is out of service because first; of its: (2) does not apply to "bodily injury" or "property a. Breakdown; damage" that results from an "accident" that b. Repair; occurred before you formed or acquired the organization; c. Servicing; (3) does not apply to any newly acquired or d. "Loss", or formed organization that is a-joint venture or e. Destruction; partnership; and the Physical Damage Coverages provided by the (4) does not apply to an "insured" under any Business Auto Coverage Form for that disabled other automobile liability policy or would be covered "auto"are extended to any"auto" you do not an "insured" under such a policy but for ter- own while used with the permission of its owner as a mination of such policy or the exhaustion of temporary substitute for the covered "auto"that is out such policy's limits of insurance. of service. f. Any "employee" of yours is an "insured" while SECTION II — COVERED AUTOS LIABILITY using a covered "auto" you don't own, hire or COVERAGE AMENDMENTS borrow in your business or your personal affairs. A. Who Is An Insured g. Any "employee" of yours is an "insured" while operating a covered "auto" hired or rented under SECTION II — COVERED AUTOS LIABILITY a contract or agreement in the "employee's" COVERAGE, A. Coverage, 1. Who Is An Insured is name, with your permission, while performing amended to add: duties related to the conduct of your business. d. Any legally incorporated subsidiary of yours in which you own more than 50%of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 6 B. Blanket Additional Insured SECTION III — PHYSICAL DAMAGE COVERAGE SECTION II — COVERED AUTOS LIABILITY AMENDMENTS COVERAGE, A. Coverage, 1. Who Is An Insured, A. Towing paragraph c. is amended to add the following: SECTION III — PHYSICAL DAMAGE COVERAGE, Any person or organization who is required under a A. Coverage, 2. Towing, is amended by adding the written contract or agreement between you and that following: person or organization, that is signed and executed 2. Towing by you before the"bodily injury"or"property damage" We will pay up to $250 for towing and labor costs occurs and that is in effect during the policy period,to incurred each time a covered "auto" is disabled. be named as an additional insured is an "insured"for However, the labor must be performed at the Liability Coverage, but only for damages to which this place of disablement. This $250 limit is reduced insurance applies and only to the extent that persons by any applicable towing limit shown in the or organization qualifies as an "insured" under the declarations. Who Is An Insured provision contained in Section II. Regardless of the number of disablements, the C. Liability Coverage Extensions — Supplementary maximum amount we will pay under this Payments endorsement for all towing and labor costs SECTION II — COVERED AUTOS LIABILITY combined during any one year is $2,500. COVERAGE, A. Coverage, 2. Coverage B. Transportation Expense— Limits Amended Extensions, a. Supplementary Payments is SECTION III — PHYSICAL DAMAGE COVERAGE, amended by replacing subparagraphs(2)and(4)with the following: A. Coverage, 4. Coverage Extensions, a. Trans- portation Expenses is amended by replacing $20 (2) Up to $5,000 for cost of bail bonds (including per day/$600 maximum limit with $50 per day/$1,000 bonds for related traffic law violations) required maximum. because of an "accident" we cover. We do not have to furnish these bonds. C. Hired Auto Physical Damage — Loss Of Use (4) All reasonable expenses incurred by the"insured" Expenses—Limits Amended at our request, including actual loss of earnings SECTION III — PHYSICAL DAMAGE COVERAGE, up to$500 a day because of time off from work. A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per D. Fellow Employee Coverage day/$600 maximum limit with $50 per day/$750 SECTION II — COVERED AUTOS LIABILITY maximum limit. COVERAGE, B. Exclusions, 5. Fellow Employee, D. Personal Effects Coverage the following is added: Co-Employee Lawsuit Defense Cost SECTION III — PHYSICAL DAMAGE COVERAGE, Reimbursement A. Coverage, 4. Coverage Extensions is amended damages for "bodilyby adding the following: If a suit seeking g injury" to any c. Personal Effects fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment We will pay up to $500 for "loss" to personal or while performing duties related to the conduct of effects, which are: your business, or a suit seeking damages brought by (1) Owned by an "insured"; and the spouse, child, parent, brother or sister of that (2) In or on your covered "auto." fellow "employee", is brought against you, we will This coverage applies only in the event of the total reimburse reasonable costs that you incur in the theft of your covered "auto." No deductible applies to defense of such matters. Any reimbursement made this coverage pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 6 E. Glass Repair—Deductible Waiver G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION III—PHYSICAL DAMAGE COVERAGE A. A. Coverage, 3. Glass Breakage — Hitting A Bird Coverage, is amended by adding the following: Or Animal — Falling Objects Or Missiles, is 6. Rental Reimbursement amended by adding the following: This coverage applies only to a covered "auto"of No deductible will apply to glass breakage if such the private passenger or light truck type as glass is repaired, in a manner acceptable to us, rather follows: than replaced. a. We will pay for rental reimbursement F. Hired Auto Physical Damage expenses incurred by you for the rental of a SECTION III — PHYSICAL DAMAGE COVERAGE, private passenger or light truck type "auto" A. Coverage is amended by adding the following: because of "loss" to a covered private pas- s. Hired Auto Physical Damage senger or light truck type "auto". Payment applies in addition to the otherwise applicable If hired "autos" are covered "autos" for Liability amount of each coverage you have on a Coverage and if Comprehensive, Specified covered private passenger or light truck type Causes of Loss, or Collision coverages are pro- "auto." No deductibles apply to this vided under this coverage form for any"auto"you coverage. own, then the Physical Damage Coverages b. We will pay only for those expenses incurred provided are extended to "autos" you hire of like during the policy period beginning 24 hours kind and use, subject to the following: after the "loss" and ending, regardless of the a. The most we will pay for any one "loss" is policy's expiration, with the lesser of the fol- $50,000 or the actual cash value or cost to lowing number of days: repair or replace, whichever is less, minus a (1) The number of days reasonably required deductible; to repair or replace the covered private b. The deductible will be equal to the largest passenger or light truck type "auto". If deductible applicable to any owned "auto"for "loss" is caused by theft, this number of that coverage. Any Comprehensive deducti- days is added to the number of days it ble does not apply to "loss" caused by fire or takes to locate the covered private lightening; passenger or light truck type "auto" and c. Hired Auto Physical Damage coverage is return it to you; or excess over any other collectible insurance; (2) 30 days. and c. Our payment is limited to the lesser of the d. Subject to the above limit, deductible and following amounts: excess provisions we will provide coverage (1) Necessary and actual expenses equal to the broadest coverage applicable to incurred, or any covered "auto" you own. If a limit for Hired Auto Physical Damage is (2) $50 per day, up to a maximum of$1,000. indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of 6 d. This coverage does not apply while there are (2) Financial penalties imposed under a spare or reserve private passenger or light lease for excessive use, abnormal wear truck type "autos" available to you for your and tear or high mileage; operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or (4) Costs for extended warranties, Credit light truck type, we will pay under this cover- age only that amount of your rental reim- Life Insurance, Health, Accident or bursement expenses which is not already Disability Insurance purchased with the provided for under SECTION III—PHYSICAL loan or lease; and DAMAGE COVERAGE, A. Coverage, 4. (5) Carry-over balances from previous loans Coverage Extensions. or leases. For the purposes of this Rental Reimbursement J. Audio, Visual and Data Electronic Equipment — coverage, light truck is defined as a truck with a Limit Amended gross vehicle weight of 10,000 lbs. or less as SECTION III-PHYSICAL DAMAGE COVERAGE,C. defined by the manufacturer as the maximum Limits of Insurance, 1.b. is amended by replacing loaded weight the auto is designed to carry. the$1,000 limit with a $2,500 limit. H. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION IV — BUSINESS AUTO CONDITIONS A. Coverage is amended by adding the following: AMENDMENTS 7. Accidental Airbag Deployment Coverage A. Duties In The Event Of Accident, Claim, Suit Or We will pay to reset or replace factory installed Loss Amended airbag(s) in any covered "auto" for accidental SECTION IV— BUSINESS AUTO CONDITIONS, A. discharge, other than discharge due to a collision Loss Conditions, 2. Duties In The Event Of loss. Accident, Claim, Suit Or Loss, a. is amended by This coverage is applicable only if comprehensive adding the following: coverage applies to the covered "auto". This condition applies only when the "accident" or This coverage is excess over any other collectible "loss" is known to: insurance or reimbursement by manufacturer's (1) You, if you are an individual; warranty. (2) A partner, if you are a partnership; I. Auto Loan/Lease Gap Coverage (3) An executive officer or insurance manager, if you SECTION III PHYSICAL DAMAGE COVERAGE, are a corporation; or Item A., Coverage, is amended by adding the (4) A member or manager, if you are a limited liability following: company. 8. Auto Loan/Lease Gap Coverage But this section does not amend the provisions This coverage applies only to a covered "auto" relating to notification of police, protection or exam i- described or designated in the Schedule or in the nation of the property which was subject to the"loss". Declarations as including physical damage B. Blanket Waiver of Subrogation coverage. In the event of a covered total "loss"to a covered Section IV — BUSINESS AUTO CONDITIONS, A. "auto"described or designated in the Schedule or Loss Conditions, 5. Transfer of Rights of in the Declarations, we will pay any unpaid Recovery Against Others to Us, is amended by amount due on the lease or loan for a covered adding the following exception: "auto" less: However, we waive any right of recovery we may a. The amount paid under the Physical Damage have against any person or organization to the extent Coverage Section on the policy; and required of you by a written contract signed and executed prior to any "accident" or "loss", provided b. Any: that the "accident" or "loss" arises out of operations (1) Overdue lease/loan payments at the time contemplated by such contract. The waiver applies of the "loss"; only to the person or organization designated in such contract. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 6 C. Unintentional Failure to Disclose Hazards E. Primary and Noncontributory If Required By SECTION IV— BUSINESS AUTO CONDITIONS, B. Written Contract or Written Agreement General Conditions, 2. Concealment, Misrepre- SECTION IV— BUSINESS AUTO CONDITIONS, B. sentation Or Fraud, is amended by adding the General Conditions, 5. Other Insurance c., the following paragraph: following is added and supersedes any provision to If you unintentionally fail to disclose any hazards the contrary: existing at the inception date of the policy, or during This Coverage Form's Covered Autos Liability the policy period in connection with any additional Coverage is primary to and will not seek contribution hazards, we will not deny coverage under this Cov- from any other insurance available to an "insured" erage Part because of such failure. under your policy provided that: D. Employee Hired Auto (1) Such "insured" is a Named Insured under such SECTION IV— BUSINESS AUTO CONDITIONS, B. other insurance; and General Conditions,5. Other Insurance, paragraph (2) You have agreed in writing in a contract or b. is deleted and replace by the following: agreement that this insurance would be primary and would not seek contribution from any other b. For Hired Auto Physical Damage Coverage, the insurance available to such "insured". following are deemed to be a covered "auto" you own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 6 of 6 COMMERCIAL LIABILITY UMBRELLA WN CU 117 04 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Section IV — Conditions — The following is added to: 5. Other Insurance and supersedes any provision to SECTION II—LIMITS OF INSURANCE the contrary: Primary And Noncontributory Insurance For the purposes of this endorsement only, we will not pay more on behalf of the additional insured and the This insurance is primary to and will not seek lesser of: contribution from any other insurance available to an 1. The minimum limits of insurance required in a additional insured under your policy provided that: written contract on a primary and non-contributory (1) The additional insured is a Named Insured under basis for such additional insured, but only to the such other insurance; and extent the required Limits of Insurance are in (2) You have agreed in writing in a contract or excess of the"underlying insurance," or agreement that this insurance would be primary 2. The Limits of Insurance available after the payment and would not seek contribution from any other of"ultimate net loss" on any insured's behalf from insurance available to the additional insured. any claim or"suit". (3) The order of payment specified by this This provision is included within and does not act to endorsement only applies to the extent permitted increase the limit of insurance stated in the by law. Declarations. Coverage will not be broader than the coverage provided by the underlying insurance listed in the "Schedule of Underlying Coverages." WN CU 117 04 18 Page 1 of 1 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. POLICY NUMBER: WN CU 116 04 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PROJECT(S) - AGGREGATE LIMIT This endorsement modified insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE DESIGNATED PROJECT(S) A. The Designated Project Aggregate Limit is the most D. Any payments made under Paragraph A. of this we will pay for the sum of all "ultimate net loss" in endorsement shall reduce the Designated Project excess of the"retained limit" under COVERAGE A. Aggregate Limit for that designated "project". Such BODILY INJURY AND PROPERTY DAMAGE LI- payments shall not reduce the Aggregate Limit ABILITY, which can be attributed solely to ongoing shown in the Declarations nor shall they reduce any operations at a single designated "project" shown other Designated Project Aggregate Limit for any in the Schedule above, regardless of the number of: other designated "project" shown in the Schedule above. 1. Insureds; E. The Each Occurrence limit shown in the Declara- 2. Claims made or"suits" brought; or tions is the most we will pay for "ultimate net loss" 3. Persons or organizations making claims or in excess of the "retained limit" under Coverage A bringing "suits". because of all"bodily injury"and "property damage" arising out of any one "occurrence". B. A separate Designated Project Aggregate Limit applies to each designated "project", and that limit F. For all "ultimate net loss" under COVERAGE A., is equal to the amount of the Aggregate Limit which cannot be attributed solely to ongoing oper- shown in the Declarations. ations at a single designated"project"shown in the Schedule above: C. The Designated Project Aggregate Limit does not apply to "ultimate net loss" arising out of"bodily in- 1. Any payments made for"ultimate net loss" un- jury"or"property damage"included in the"products- der COVERAGE A. shall reduce the amount completed operations hazard" or arising out of the available under the Aggregate Limit; and ownership, maintenance or use of a "covered auto." 2. Such payments shall not reduce any Desig- nated Project Aggregate Limit. WN CU 116 04 18 Page 1 of 2 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. G. The"Maximum Annual Aggregate Limit" is the most 2. "Project" means an area at which you are per- we will pay for the sum of all "ultimate net loss" un- forming operations pursuant to a contract or der one or more Designated Project Aggregate Lim- agreement, other than any premises, site or lo- its and Aggregate Limit. cation which is or was at any time owned or oc- H. For the purposes of this endorsement, SECTION cupied or managed by, or rented or loaned to V —DEFINITIONS is amended by the addition of you. the following definitions: I. The provisions of SECTION III — LIMITS OF IN- 1. "Maximum Annual Aggregate Limit" means an SURANCE not otherwise modified by this endorse- amount equal to two times the Aggregate Limit ment shall continue to apply. shown in the policy declarations. WN CU 116 04 18 Page 2 of 2 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission.