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HomeMy WebLinkAbout26-063.00 Spokane Concrete Cutting Inc - Construction Agreement Contract No. 26-063.00 CONSTRUCTION AGREEMENT Spokane Concrete Cutting Inc THIS CONSTRUCTION AGREEMENT(the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and Spokane Concrete Cutting, ("Contractor")jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies,and equipment and other items necessary for the construction and completion of the Browns Park Concrete cutting (the "Work") in accordance with the Scope of Work outlined in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall,for the amount set forth in paragraph 4,below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, state, and federal standards, codes, ordinances, regulations, and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to and shall complete the Work by 12/31/2026, as may be extended in accordance with this Agreement and the Contract Documents. 3. Reserved 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$1,800.00,plus Washington State Sales Tax of$162.00 (if applicable),for a total of$1,962.00,based on the bid submitted by Contractor(Exhibit A), and as may be adjusted in accordance with the Contract Documents. 5. Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards,City Code, state standards,or federal standards. 6.Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Marci Patterson,City Clerk Name: Spokane Concrete Cutting Phone:(509)720-5000 Phone: 509-489-0900 Address: 10210 East Sprague Avenue Address: 4024E. Wellesley Ave Spokane Valley,WA 99206 7. Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws,codes,and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries ("L&I"). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I,are located at the L&I website address: https://lni.wa.gov/licens i n a-perm its/public-works-projects/prevailing-wage-rates/ B.This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in the results to be achieved, and that the right to control the particular manner,method, and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Documents. Drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. City shall be permitted to retain documents, including copies of originals, reproduction quality mylars of maps,and copies int eh form of computer files,for the City's use. City shall have unrestricted authority to publish,disclose,distribute,and otherwise use,in whole or in part, any reports,data,drawings, images,or other material prepared under this Agreement that are in the City's possession,and Contractor shall have no liability for the City's use of Contractor's work product outside of the scope of the work product's intended purpose. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall,within the warranty period,remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively, Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date,unless otherwise indicated herein. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate,and no less than a$2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2.Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4.Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City,offset against funds due Contractor from the City. D.No Limitation. The Contractor's maintenance of insurance,its scope of coverage,and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit B. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract,upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion,procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers,officials,employees and volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees,arising out of or in connection with the performance of this Agreement,except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,its officers, officials, employees,and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18.Waiver.No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may, from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22. Costs and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration(including expert witness fees). 23. Subcontractor Responsibility.As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 24.Jurisdiction and Venue.This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 25.Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 26.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor,for itself,its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor,with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports. Contractor shall provide all information and reports required by the Acts,the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non- discrimination provisions of this Agreement,the City will impose such contract sanctions as it may determine to be appropriate,including,but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling,terminating,or suspending the Agreement,in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of Section 28 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,regulations and directives issued pursuant thereto.Contractor shall take action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition,Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin,and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). 29. Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause,or phrase of this Agreement. 30. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work and Cost Statement B. Insurance Endorsements The Parties have executed this Agreement this 1%' day of 'w+Fy ,20 2,6 CITY OF SPOKANE VALLEY: Contractor: J n Hohman,City Manager By: Robert Sandeno Its: Authorized Representative APPROVED AS TO FORM: Office o e City Atto ey Exhibit A - Scope of Work and Cost Statement GuessztC G Spokane Concrete Cutting, Inc. quote Email:spokaneconcretecuttinginc@gmail.com License#SPOKACC157D2 (509)489-0900 DATE QUOTED April 15,2026 CONTRACTOR: city of spokane valley JOB NAME: browns park JOB ADDRESS: CITY: spokane valley OFFICE kendall 509-530-9872 CONTACT PERSON: PHONE: CELL PHONE: JOB DATE: TIME: QTY Column1 UNIT TOTAL 1 sawcut door opening 8'x7' in 8"thick cmu wall after opening is cut, spokane concrete cutting will 1 remove concrete and dispose off site layout by others TOTAL $1,800.00 before tax We assume NO Responsibility for layout or cutting of any embedded items. Prices subject to change if quantities or conditions change. Comments: Customer Job/P.O.# Exhibit A—Scope of Work and Cost Statement iAn 2253 O o < Ts i 8 ES F fiB ri x. N 0 M 44f p N +£�pYy( -' '"� it k 2� P1 O V n 6 •Ca s H 8 z g i n c V ! w N r G B N � :TO aL' nn oD m �� ��.� 1�yy DD <O� bA ir � y f ,1 ft 6, ,t' m= HI'1 Z .lam q Hn ,i. el ma n 1"1 _r RF ,„ - -. L o N ` AA- 4 y 8i A a r�'.�' FLi Q H i, rpi n o O 1 �'"� t, 'I• N n r N x D p y 9 .zm !^ G : e i n N — P a i Ii� ter, r g !z g m o 0 i �,1 in A ., - G b n A 11' , J j O pP ♦ ( Tr ++ H o vZi § S4 _ 4R R _ ^a g < i $ C t x A a - a f IF R 44t 71 '''' 01 E'iill, . .. 5 . . F,,,,-, H a • 1 o =•� N- f .1'vYY Y'YY 1Ther-1 A H a CJI Y 1 ,.S �' a IllO Y € nt +: !/ i' a Y - � n Y 1 ,K r \a<3 NNE Y 8 s ru- • -( p :n v Y ,. . �lf� 0F.lig n 1 1_A_. „ w ?_!`7. 1 1 1,.....1 1 1 1 Exhibit B Certificate of Insurance ACED® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 04/29/2026 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 Melissa Bowen NAME: Trucordia PHONE (360)734-1161 FAX (360)734-1173 (A/C,No,Ext): (A/C,No): 2200 Rimland Dr Ste 305 E-MAIL Melissa.Bowen@Trucordia.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Bellingham WA 98226 INSURERA: Western National Assurance 24465 INSURED INSURER B: RHS Corporation INSURER C: DBA Spokane Concrete Cutting Inc INSURER D: PO Box 6227 INSURER E: Spokane WA 99217 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2622446363 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 LTR INSD�WVD POLICY NUMBER UBH POLICY EFF POLICY EXP LIMITS TYPE OF (POLIC EFF (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $DAMAGE T 1,000,000 RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y CPP125917005 03/06/2026 03/06/2027 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY n PRO- I ESI LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED Ne SCHEDULED Y Y CPP125770005 03/06/2026 03/06/2027 BODILY INJURY(Per accident) $ AUTOS ONLY /N AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE Y Y UMB104384305 03/06/2026 03/06/2027 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE N/A CPP125917005-WA StopGap03/06/2026 03/06/2027 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , Limit $100,000 Leased/Rented Equipment A CPP125918705 03/06/2026 03/06/2027 Deductible $500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See page two for Additional Insureds and Project Information,if applicable.Blanket Additional Insured for General Liability for Ongoing Operations applies per form CGMU0009 0622 and Completed Operations per form WNGL50 0715.Coverage is Primary and Non-Contributory per form WNGL49 0715.Waiver of Subrogation applies per form CGMU0009 0622 Per Project Aggregate applies per form CG2503 0509.Auto Additional Insured and Waiver of Subrogation apply per form WNCA80 0619.General Liability,Employer's Liability,and Auto Liability are underlying policies of the Umbrella Liability.All endorsements apply when required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 2426 N.Discovery Place - - AUTHORIZED REPRESENTATIVE �'- Spokane Valley WA 99216 _/K 1 4 YYY ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00067132 �., LOC#: AcoR©� ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Trucordia Spokane Concrete Cutting Inc POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes RE:Browns building concrete cutting ACORD 101(2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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): PER WRITTEN CONTRACT OR AGREE MENT WHERE YOU AGREED TO PRO VIDE A SEPARATE GENERAL AGGRE GATE LIMIT FOR EACH PROJECT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gate Limit for that designated construction gaily obligated to pay as damages caused by project. Such payments shall not reduce "occurrences" under Section I — Coverage A, the General Aggregate Limit shown in the and for all medical expenses caused by acci- Declarations nor shall they reduce any dents under Section I — Coverage C, which other Designated Construction Project can be attributed only to ongoing operations General Aggregate Limit for any other at a single designated construction project designated construction project shown in shown in the Schedule above: the Schedule above. 1. A separate Designated Construction Proj- 4. The limits shown in the Declarations for ect General Aggregate Limit applies to Each Occurrence, Damage To Premises each designated construction project, and Rented To You and Medical Expense that limit is equal to the amount of the continue to apply. However, instead of General Aggregate Limit shown in the being subject to the General Aggregate Declarations. Limit shown in the Declarations, such 2. The Designated Construction Project Gen- limits will be subject to the applicable eral Aggregate Limit is the most we will Designated Construction Project General pay for the sum of all damages under Aggregate Limit. Coverage A, except damages because of B. For all sums which the insured becomes "bodily injury" or "property damage" legally obligated to pay as damages caused by included in the "products-completed oper- "occurrences" under Section I — Coverage A, ations hazard", and for medical expenses and for all medical expenses caused by under Coverage C regardless of the accidents under Section I — Coverage C, number of: which cannot be attributed only to ongoing a. Insureds; operations at a single designated construction project shown in the Schedule above: b. Claims made or "suits" brought; or 1. Any payments made under Coverage A c. Persons or organizations making for damages or under Coverage C for claims or bringing "suits". medical expenses shall reduce the amount 3. Any payments made under Coverage A available under the General Aggregate for damages or under Coverage C for Limit or the Products-completed Opera- medical expenses shall reduce the Desig- tions Aggregate Limit, whichever is ap- nated Construction Project General Aggre- plicable; and CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 2. Such payments shall not reduce any Des- D. If the applicable designated construction proj- ignated Construction Project General ect has been abandoned, delayed, or aban- Aggregate Limit. doned and then restarted, or if the authorized C. When coverage for liability arising out of the contracting parties deviate from plans, blue "products completed operations hazard" is prints, designs, specifications or timetables, provided, any payments for damages because the project will still be deemed to be the same of "bodily injury" or "property damage" in- construction project. cluded in the "products-completed operations E. The provisions of Section III — Limits Of In- hazard" will reduce the Products-completed surance not otherwise modified by this Operations Aggregate Limit, and not reduce endorsement shall continue to apply as the General Aggregate Limit nor the Desig- stipulated. nated Construction Project General Aggregate Limit. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 COMMERCIAL GENERAL LIABILITY WNGL490715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing opera- sion applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement 1. "Bodily injury", "property damage"or"personal that such person or organization be added as an and advertising injury" arising out of the ren- additional insured on your policy. Such person or dering of, or the failure to render, any profes- organization is an additional insured only with re- sional architectural, engineering or surveying spect to liability for "bodily injury", "property dam- services, including: age" or "personal and advertising injury" caused, a. The preparing, approving, or failing to pre in whole or in part, by: pare or approve, maps, shop drawings, 1. Your acts or omissions; or opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your against an additional insured allege negli- operations for that additional insured are complet- gence or other wrongdoing in the supervision, ed. hiring, employment, training or monitoring of However: others by that insured, if the "occurrence" 1. The insurance afforded to such additional in- which caused the "bodily injury" or "property sured only applies to the extent permitted by damage", or the offense which caused the law; and "personal and advertising injury", involved the rendering of or failure to render any profes- 2. If coverage provided to the additional insured sional services by you with respect to your is required by a contract or agreement, the in- providing engineering, architectural or survey- surance afforded to such additional insured ing services in your capacity as an engineer, will not be broader than that which you are re- architect or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 2. "Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the a. All work, including materials, parts or contrary: equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project (other than ser- This insurance is primary to and will not seek vice, maintenance or repairs) to be per- any contribution from any other insurance formed by or on behalf of the additional in- available to an additional insured under your sured(s) at the location of the covered operations has been completed; or policy provided that: b. That portion of "your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing op- primary and would not seek contribution erations for a principal as a part of the from any other insurance available to the same project. additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. WNCA800619 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 occurred before you formed or acquired the b. Repair; 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 A. Coverage, 4. Coverage Extensions, a. Trans- the following: 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 ll — COVERED AUTOS LIABILITY maximum limit. COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: D. Personal Effects Coverage Co-Employee Lawsuit Defense Cost SECTION III — PHYSICAL DAMAGE COVERAGE, Reimbursement A. Coverage, 4. Coverage Extensions is amended by adding the following: If a suit seeking damages for "bodily 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 s. Hired Auto Physical Damage pas- 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 Life Insurance, Health, Accident or age only that amount of your rental reim- Disability Insurance purchased with the bursement expenses which is not already loan or lease; and provided for under SECTION III—PHYSICAL 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 exami- 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 inRecovery Against Others to Us, is amended by the Declarations, we will pay any unpaid adding the following exception: amount due on the lease or loan for a covered "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 b. For Hired Auto Physical Damage Coverage, the and would not seek contribution from any other following are deemed to be a covered "auto" you insurance available to such "insured". 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 CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. No other obligation or liability to pay sums or Read the entire policy carefully to determine rights, perform acts or services is covered unless duties and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words "you" and "your" Payments—Coverages A and B. refer to the Named Insured shown in the Declarations, b. This insurance applies to "bodily injury" or and any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words "we", applicable "retained limit". If any other limit, "us" and "our" refer to the company providing this such as a sublimit, is specified in the insurance. "underlying insurance", this insurance does not The word "insured" means any person or organization apply to "bodily injury" or "property damage" qualifying as such under Section II — Who Is An arising out of that exposure unless that limit is Insured. specified in the Declarations under the Schedule of"underlying insurance". Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and Definitions. "property damage"only if: SECTION I—COVERAGES (1) The "bodily injury" or "property damage" is COVERAGE A—BODILY INJURY AND PROPERTY caused by an "occurrence"that takes place DAMAGE LIABILITY in the "coveragee territory"; 1. InsuringAgreement (2) The "bodily injury" or "property damage" g occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph 1.a. of Section II —Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized damage" to which this insurance applies. We by you to give or receive notice of an will have the right and duty to defend the "occurrence" or claim, knew that the "bodily insured against any "suit" seeking damages for injury" or "property damage" had occurred, such "bodily injury" or"property damage"when in whole or in part. If such a listed insured the "underlying insurance" does not provide or authorized "employee" knew, prior to the coverage or the limits of"underlying insurance" policy period, that the "bodily injury" or have been exhausted. When we have no duty "property damage" occurred, then any to defend, we will have the right to defend, or continuation, change or resumption of such to participate in the defense of, the insured "bodily injury" or "property damage" during against any other "suit" seeking damages to or after the policy period will be deemed to which this insurance may apply. However, we have been known prior to the policy period. will have no duty to defend the insured against d. "Bodily injury" or "property damage" which any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance occurs during the policy period and was not, does not apply. At our discretion, we may prior to the policy period, known to have investigate any "occurrence" that may involve occurred by any insured listed under this insurance and settle any resultant claim or Paragraph 1.a. of Section II — Who Is An "suit" for which we have the duty to defend. Insured or any"employee"authorized by you to But: give or receive notice of an "occurrence" or claim, includes any continuation, change or (1) The amount we will pay for the "ultimate net resumption of that "bodily injury" or "property loss" is limited as described in Section III — damage"after the end of the policy period. Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 18 e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II —Who Is An resolution proceeding in which damages Insured or any"employee"authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the"bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (2) Receives a written or verbal demand or (1) Causing or contributing to the intoxication of any person; claim for damages because of the "bodily injury"or"property damage"; or (2) The furnishing of alcoholic beverages to a (3) Becomes aware by any other means that person under the legal drinking age or under the influence of alcohol; or "bodily injury" or "property damage" has occurred or has begun to occur. (3) Any statute, ordinance or regulation relating f. Damages because of "bodily injury" include to the sale, gift, distribution or use of damages claimed by any person or alcoholic beverages. organization for care, loss of services or death This exclusion applies even if the claims resulting at any time from the"bodily injury". against any insured allege negligence or other wrongdoing in: 2. Exclusions This insurance does not apply to: (a) The supervision, hiring, employment, training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or "property damage" expected (b) Providing or failing to provide or intended from the standpoint of the insured. transportation with respect to any This exclusion does not apply to "bodily injury" person that may be under the influence resulting from the use of reasonable force to of alcohol; protect persons or property. if the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage" involved that "Bodily injury" or "property damage" for which which is described in Paragraph (1), (2) or (3) the insured is obligated to pay damages by above. reason of the assumption of liability in a However, this exclusion applies only if you are contract or agreement. This exclusion does not in the business of manufacturing, distributing, apply to liability for damages: selling, serving or furnishing alcoholic (1) That the insured would have in the absence beverages. For the purposes of this exclusion, of the contract or agreement; or permitting a person to bring alcoholic beverages on your premises, for consumption (2) Assumed in a contract or agreement that is on your premises, whether or not a fee is an "insured contract", provided the "bodily charged or a license is required for such injury" or "property damage" occurs activity, is not by itself considered the business subsequent to the execution of the contract of selling, serving or furnishing alcoholic or agreement. Solely for the purposes of beverages. liability assumed in an "insured contract", reasonable attorneys' fees and necessary This exclusion does not apply to the extent that litigation expenses incurred by or for a party valid "underlying insurance" for the liquor other than an insured are deemed to be liability risks described above exists or would damages because of "bodily injury" or have existed but for the exhaustion of "property damage", provided: underlying limits for "bodily injury" and "property damage". To the extent this exclusion (a) Liability to such party for, or for the cost does not apply, the insurance provided under of, that party's defense has also been this Coverage Part for the liquor liability risks assumed in the same "insured contract"; described above will follow the same and provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. Page 2 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 d. Workers'Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance" for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any have existed but for the exhaustion of similar law. underlying limits for "bodily injury". To the extent this exclusion does not apply, the e. ERISA insurance provided under this Coverage Part Any obligation of the insured under the for the employer's liability risks described Employee Retirement Income Security Act of above will follow the same provisions, 1974 (ERISA), and any amendments thereto or exclusions and limitations that are contained in any similar federal, state or local statute. the applicable "underlying insurance", unless f. Auto Coverages otherwise directed by this insurance. (1) "Bodily injury" or "property damage" arising h. Employment-related Practices out of the ownership, maintenance or use of "Bodily injury"to: any"auto"which is not a"covered auto"; or (1) A person arising out of any: (2) Any loss, cost or expense payable under or (a) Refusal to employ that person; resulting from any first-party physical damage coverage; no-fault law; personal (b) Termination of that person's injury protection or auto medical payments employment, or coverage; or uninsured or underinsured (c) Employment-related practices, policies, motorist law. acts or omissions, such as coercion, g. Employer's Liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodily injury"to: humiliation, discrimination or malicious (1) An "employee" of the insured arising out of prosecution directed at that person; or and in the course of: (2) The spouse, child, parent, brother or sister (a) Employment by the insured; or of that person as a consequence of"bodily (b) Performing duties related to the conduct injury" to that person at whom any of the of the insured's business; or employment-related practices described in Paragraph (a), (b), or(c)above is directed. (2) The spouse, child, parent, brother or sister This exclusion applies whether the injury- of that "employee" as a consequence of causing event described in Paragraph (a), (b) Paragraph (1)above. or (c) above occurs before employment, during This exclusion applies whether the insured employment or after employment of that may be liable as an employer or in any other person. capacity, and to any obligation to share damages with or repay someone else who This exclusion applies whether the insured must pay damages because of the injury. may be liable as an employer or in any other capacity, and to any obligation to share This exclusion does not apply to liability damages with or repay someone else who assumed by the insured under an "insured must pay damages because of the injury. contract". i. Pollution With respect to injury arising out of a "covered (1) "Bodilyinjury" "property damage" which auto", this exclusion does not apply to "bodily ry or p pert y g injury" to domestic "employees" not entitled to would not have occurred in whole or part workers' compensation benefits. For the but for the actual, alleged or threatened purposes of this insurance, a domestic discharge, dispersal, seepage, migration, "employee" is a person engaged in household release or escape of "pollutants" at any or domestic work performed principally in time; or connection with a residence premises. (2) "Pollution cost or expense". CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 3 of 18 This exclusion does not apply if valid (5) Aircraft that is: "underlying insurance" for the pollution liability (a) Chartered by, loaned to, or hired by you risks described above exists or would have with a paid crew; and existed but for the exhaustion of underlying limits for"bodily injury" and "property damage". (b) Not owned by any insured. To the extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part "Bodily "property dama e" out for the pollution risks described above will injury" or 9 arising of the use of "mobile equipment" or "autos" in, follow the same provisions, exclusions and limitationsor while in practice for, or while being prepared that are contained in the applicable "underlying insurance", unless otherwise for, any prearranged professional or organized directed by this insurance. racing, speed, demolition, or stunting activity or contest. j. Aircraft Or Watercraft I. War "Bodily injury" or"property damage" arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused, arising, directly or indirectly, out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured. Use includes operation (2) Warlike action by a military force, including and "loading or unloading". action in hindering or defending against an This exclusion applies even if the claims actual or expected attack, by any against any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others by (3) Insurrection, rebellion, revolution, usurped that insured, if the "occurrence" which caused power, or action taken by governmental the "bodily injury" or "property damage" authority in hindering or defending against involved the ownership, maintenance, use or any of these. entrustment to others of any aircraft or watercraft that is owned or operated by or m. Damage To Property rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or (2) A watercraft you do not own that is: any other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any "insured damage to another's property; or contract" for the ownership, maintenance or (b) Owned or transported by the insured use of aircraft or watercraft; and arising out of the ownership, (4) The extent that valid "underlying insurance" maintenance or use of a"covered auto". for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage" arises out of any existed but for the exhaustion of underlying part of those premises; limits for "bodily injury" or "property (3) Property loaned to you; damage". To the extent this exclusion does (4) Personal property in the care, custody or not apply, the insurance provided under this control of the insured; Coverage Part for the aircraft or watercraft risks described above will follow the same (5) That particular part of real property on provisions, exclusions and limitations that which you or any contractors or are contained in the "underlying insurance", subcontractors working directly or indirectly unless otherwise directed by this insurance; on your behalf are performing operations, if or the "property damage" arises out of those operations; or Page 4 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 (6) That particular part of any property that (3) "Impaired property"; must be restored, repaired or replaced if such product, work, or property is withdrawn because "your work" was incorrectly or recalled from the market or from use by any performed on it. person or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the premises are "your work" and were never dangerous condition in it. occupied, rented or held for rental by you. r. Personal And Advertising Injury Paragraphs (1)(b), (3), (4), (5) and (6) of this "Bodily injury" arising out of "personal and exclusion do not apply to liability assumed advertising injury". under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not s. Professional Services apply to liability assumed under a written "Bodily injury" or "property damage" due to Trailer Interchange agreement. rendering of or failure to render any professional service. This includes but is not Paragraph (6) of this exclusion does not apply limited to: to"property damage" included in the "products- completed operations hazard". (1) Legal, accounting or advertising services; n. Damage To Your Product (2) Preparing, approving, or failing to prepare "Property damage"to"your product"arising out or approve, maps, shop drawings, opinions, of it or any part of it. reports, surveys, field orders, change orders or drawings or specifications; o. Damage To Your Work (3) Inspection, supervision, quality control, "Property damage"to "your work" arising out of architectural or engineering activities done it or any part of it and included in the"products- by or for you on a project on which you completed operations hazard". serve as construction manager; This exclusion does not apply if the damaged (4) Engineering services, including related work or the work out of which the damage supervisory or inspection services; arises was performed on your behalf by a (5) Medical, surgical, dental, X-ray or nursing subcontractor. services treatment, advice or instruction; p. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically Injured advice or instruction; "Property damage" to "impaired property" or (7) Any service, treatment, advice or instruction property that has not been physically injured, arising out of: for the purpose of appearance or skin enhancement, hair removal or replacement, (1) A defect, deficiency, inadequacy or or personal grooming or therapy; dangerous condition in "your product" or (8) Any service, treatment, advice or instruction "your work"; or relating to physical fitness, including (2) A delay or failure by you or anyone acting service, treatment, advice or instruction in on your behalf to perform a contract or connection with diet, cardiovascular fitness, agreement in accordance with its terms. bodybuilding or physical training programs; This exclusion does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and including the prescribing, preparation, accidental physical injury to "your product" or fitting, demonstration or distribution of "your work" after it has been put to its intended ophthalmic lenses and similar products or use. hearing aid devices; q. Recall Of Products,Work Or Impaired (10) Body piercing services; Property (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or (12) Law enforcement or firefighting services; expense incurred by you or others for the loss and of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal (13) Handling, embalming, disposal, burial, of: cremation or disinterment of dead bodies. (1) "Your product"; (2) "Your work"; or CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 5 of 18 This exclusion applies even if the claims COVERAGE B—PERSONAL AND ADVERTISING against any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by that insured, if the "occurrence" which caused a. We will pay on behalf of the insured the the "bodily injury" or "property damage", "ultimate net loss" in excess of the "retained involved the rendering of or failure to render limit" because of "personal and advertising any professional service. injury" to which this insurance applies. We will t. Electronic Data have the right and duty to defend the insured against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of"underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty liability for damages because of"bodily injury". to defend, we will have the right to defend, or to participate in the defense of, the insured As used in this exclusion, electronic data against any other "suit" seeking damages to means information, facts or programs stored as which this insurance may apply. However, we or on, created or used on, or transmitted to or will have no duty to defend the insured against from computer software, including systems and any "suit" seeking damages for "personal and applications software, hard or floppy disks, CD- advertising injury" to which this insurance does ROMs, tapes, drives, cells, data processing not apply. At our discretion,we may investigate devices or any other media which are used any offense that may involve this insurance with electronically controlled equipment. and settle any resultant claim or"suit"for which This exclusion does not apply if valid we have the duty to defend. But: "underlying insurance" for the electronic data (1) The amount we will pay for the "ultimate net risks described above exists or would have loss" is limited as described in Section III — existed but for the exhaustion of underlying Limits Of Insurance; and limits for"bodily injury" and "property damage". (2) Our right and duty to defend end when we The insurance provided under this Coverage Part will follow the same provisions, exclusions have used up the applicable limit of and limitations that are contained in the insurance in the payment of judgments or applicable "underlying insurance", unless settlements under Coverages A or B. otherwise directed by this insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary "Bodily injury" or "property damage" arising Payments—Coverages A and B. directly or indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury" that is subject to an applicable "retained limit". If any other limit, (1) The Telephone Consumer Protection Act such as a sublimit, is specified in the (TCPA), including any amendment of or "underlying insurance", this insurance does not addition to such law; apply to "personal and advertising injury" (2) The CAN-SPAM Act of 2003, including any arising out of that exposure unless that limit is amendment of or addition to such law; specified in the Declarations under the (3) The Fair Credit Reporting Act (FCRA), and Schedule of"underlying insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury" caused by an offense arising Transactions Act(FACTA); or out of your business but only if the offense was (4) Any federal, state or local statute, committed in the "coverage territory" during the ordinance or regulation, other than the policy period. TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 6 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 2. Exclusions (9) Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury": Arising out of the infringement of copyright, (1) KnowingViolation Of Rights Of Another patent, trademark, trade secret or other g intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would rights do not include the use of another's violate the rights of another and would inflict advertising idea in your"advertisement". "personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses direction of the insured with knowledge of Committed by an insured whose business its falsity. is: (3) Material Published Prior To Policy (a) Advertising, broadcasting, Period 9, publishing or telecasting; Arising out of oral or written publication, in (b) Designing or determining content of web any manner, of material whose first sites for others; or publication took place before the beginning of the policy period. (c) An Internet search, access, content or (4) Criminal Acts service provider. However, this exclusion does not apply to Arising out of a criminal act committed by or Paragraphs 14.a., b. and c. of "personal at the direction of the insured. and advertising injury" under the Definitions (5) Contractual Liability section. For which the insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links, or does not apply to: advertising, for you or others anywhere on (a) Liability for damages that the insured the Internet, is not by itself, considered the would have in the absence of the business of advertising, broadcasting, contract or agreement. publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin imprisonment assumed in a contract or Boards agreement. Arising out of an electronic chatroom or (6) Breach Of Contract bulletin board the insured hosts, owns, or over which the insured exercises control. Arising out of a breach of contract, except (12) Unauthorized Use Of Another's Name Or an implied contract to use another's Product advertising idea in your"advertisement". (7) Quality Or Performance Of Goods— Arising out of the unauthorized use of Failure To Conform To Statements another's name or product in your e-mail address, domain name or metatag, or any Arising out of the failure of goods, products other similar tactics to mislead another's or services to conform with any statement potential customers. of quality or performance made in your "advertisement". (13) Pollution (8) Wrong Description Of Prices Arising out of the actual, alleged or threatened discharge, dispersal, seepage, Arising out of the wrong description of the migration, release or escape of "pollutants" price of goods, products or services stated at any time. in your"advertisement". CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 7 of 18 (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of (i) Refusal to employ that person; appearance or skin enhancement, hair (ii) Termination of that person's removal or replacement, or personal employment; or grooming or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; (i) Optometry or optical or hearing aid or services including the prescribing, (b) The spouse, child, parent, brother or preparation, fitting, demonstration or sister of that person as a consequence distribution of ophthalmic lenses and of "personal and advertising injury" to similar products or hearing aid devices; that person at whom any of the (j) Body piercing services; employment-related practices described in Paragraph (i), (ii) or (iii) above is (k) Services in the practice of pharmacy; directed. (I) Law enforcement or firefighting services; This exclusion applies whether the injury- and causing event described in Paragraph (I), (m) Handling, embalming, disposal, burial, (ii) or (iii) above occurs before cremation or disinterment of dead employment, during employment or after bodies. employment of that person. This exclusion applies even if the claims This exclusion applies whether the insured against any insured allege negligence or may be liable as an employer or in any other wrongdoing in the supervision, hiring, other capacity, and to any obligation to employment, training or monitoring of share damages with or repay someone else others by that insured, if the offense which who must pay damages because of the caused the "personal and advertising injury. injury", involved the rendering of or failure (15) Professional Services to render any professional service. Arising out of the rendering of or failure to (16) War render any professional service. This However caused, arising, directly or includes but is not limited to: indirectly, out of: (a) Legal, accounting or advertising (a) War, including undeclared or civil war; services; (b) Warlike action by a military force, (b) Preparing, approving, or failing to including action in hindering or prepare or approve, maps, shop defending against an actual or expected drawings, opinions, reports, surveys, attack, by any government, sovereign or field orders, change orders or drawings other authority using military personnel or specifications; or other agents; or (c) Inspection, supervision, quality control, (c) Insurrection, rebellion, revolution, architectural or engineering activities usurped power, or action taken by done by or for you on a project on which governmental authority in hindering or you serve as construction manager; defending against any of these. (d) Engineering services, including related supervisory or inspection services; (e) Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; Page 8 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 (17) Recording And Distribution Of Material f. Prejudgment interest awarded against the Or Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any we make an offer to pay the applicable limit of action or omission that violates or is alleged insurance, we will not pay any prejudgment to violate: interest based on that period of time after the offer. (a) The Telephone Consumer Protection Act (TCPA), including any amendment g. All interest on the full amount of any judgment of or addition to such law; that accrues after entry of the judgment and before we have paid, offered to pay, or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. and any amendment of or addition to 2 When we have the right but not the duty to defend such law, including the Fair and Accurate Credit Transactions Act the insured and elect to participate in the defense, (FACTA); or we will pay our own expenses but will not contribute to the expenses of the insured or the (d) Any federal, state or local statute, "underlying insurer". ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or 3. If we defend an insured against a "suit" and an FCRA and their amendments and indemnitee of the insured is also named as a party additions, that addresses, prohibits, or to the "suit", we will defend that indemnitee if all of limits the printing, dissemination, the following conditions are met: disposal, collecting, recording, sending, a. The "suit" against the indemnitee seeks transmitting, communicating or damages for which the insured has assumed distribution of material or information. the liability of the indemnitee in a contract or b. "Pollution cost or expense". agreement that is an "insured contract"; SUPPLEMENTARY PAYMENTS—COVERAGES A b. This insurance applies to such liability AND B assumed by the insured; 1. We will pay, with respect to any claim we c. The obligation to defend, or the cost of the investigate or settle, or any 'suit against an defense of, that indemnitee, has also been insured we defend, when the duty to defend assumed by the insured in the same "insured exists: contract"; a. All expenses we incur. d. The allegations in the "suit" and the information we know about the "occurrence" are such that b. Up to $2,000 for cost of bail bonds (including no conflict appears to exist between the bonds for related traffic law violations) required interests of the insured and the interests of the because of an "occurrence" we cover. We do indemnitee; not have to furnish these bonds. e. The indemnitee and the insured ask us to c. The cost of bonds to release attachments, but conduct and control the defense of that only for bond amounts within the applicable indemnitee against such "suit" and agree that limit of insurance. We do not have to furnish we can assign the same counsel to defend the these bonds. insured and the indemnitee; and d. All reasonable expenses incurred by the f. The indemnitee: insured at our request to assist us in the investigation or defense of the claim or "suit", (1) Agrees in writing to: including actual loss of earnings up to $250 a (a) Cooperate with us in the investigation, day because of time off from work. settlement or defense of the"suit"; e. All court costs taxed against the insured in the (b) Immediately send us copies of any "suit". However, these payments do not include demands, notices, summonses or legal attorneys' fees or attorneys' expenses taxed papers received in connection with the against the insured. "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 9 of 18 (d) Cooperate with us with respect to (5) A trust, you are an insured. Your trustees coordinating other applicable insurance are also insureds, but only with respect to available to the indemnitee; and their duties as trustees. (2) Provides us with written authorization to: b. Each of the following is also an insured: (a) Obtain records and other information (1) Your "volunteer workers" only while related to the"suit"; and performing duties related to the conduct of your business, or your "employees", other (b) Conduct and control the defense of the than either your "executive officers" (if you indemnitee in such "suit". are an organization other than a So long as the above conditions are met, partnership, joint venture or limited liability attorneys' fees incurred by us in the defense of company) or your managers (if you are a that indemnitee, necessary litigation expenses limited liability company), but only for acts incurred by us and necessary litigation expenses within the scope of their employment by you incurred by the indemnitee at our request will be or while performing duties related to the paid as Supplementary Payments. conduct of your business. However, none of Notwithstanding the provisions of Paragraph these "employees" or "volunteer workers" 2.b.(2) of Section I — Coverage A — Bodily Injury are insureds for: And Property Damage Liability, such payments will (a) "Bodily injury" or "personal and not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the advertising injury": limits of insurance. (i) To you, to your partners or members Our obligation to defend an insured's indemnitee (if you are a partnership or joint and to pay for attorneys' fees and necessary ae im ted), liability your members company),(if youa co- litigationare expenses as Supplementary Payments a limited cou to a ends when we have used up the applicable limit of "employee"r moy in the performing of his or insurance in the payment of judgments or her employment or c duties settlements or the conditions set forth above, or relatede to the conduct of your the terms of the agreement described in business or to your other "volunteer workers" while performing duties Paragraph f.above, are no longer met. related to the conduct of your SECTION II—WHO IS AN INSURED business; 1. Except for liability arising out of the ownership, (ii) To the spouse, child, parent, brother maintenance or use of"covered autos": or sister of that co-"employee" or a. If you are designated in the Declarations as: "volunteer worker"as a consequence (1) An individual, you and your spouse are of Paragraph (a)(i)above; or insureds, but only with respect to the (iii) For which there is any obligation to conduct of a business of which you are the share damages with or repay sole owner. someone else who must pay (2) A partnership or joint venture, you are an damages because of the injury insured. Your members, your partners, and abo above.ribed in Paragraph (a)(i) or (ii) their spouses are also insureds, but only (b) "Property damage"to property: with respect to the conduct of your business. (i) Owned, occupied or used by; (3) A limited liability company, you are an (ii) Rented to, in the care, custody or insured. Your members are also insureds, control of, or over which physical but only with respect to the conduct of your control is being exercised for any business. Your managers are insureds, but purpose by; only with respect to their duties as your you, any of your"employees", "volunteer managers. workers", any partner or member (if you (4) An organization other than a partnership, are a partnership or joint venture), or joint venture or limited liability company, any member (if you are a limited liability you are an insured. Your "executive company). officers"and directors are insureds, but only (2) Any person (other than your "employee" or with respect to their duties as your officers "volunteer worker"), or any organization or directors. Your stockholders are also while acting as your real estate manager. insureds, but only with respect to their liability as stockholders. Page 10 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 (3) Any person or organization having proper (4) Anyone other than your "employees", temporary custody of your property if you partners (if you are a partnership), die, but only: members (if you are a limited liability (a) With respect to liability arising out of the company), or a lessee or borrower or any of maintenance or use of that property; their "employees", while moving property to and or from a"covered auto". (b) Until your legal representative has been (5) A partner (if you are a partnership), or a appointed. member (if you are a limited liability (4) Your legal representative if you die, but only company) for a "covered auto" owned by him or her or a member of his or her with respect to duties as such. That household. representative will have all your rights and duties under this Coverage Part. (6) "Employees" with respect to "bodily injury" c. Any organization you newly acquire or form, to: other than a partnership,joint venture or limited (a) Any fellow "employee" of the insured liability company, and over which you maintain arising out of and in the course of the ownership or majority interest, will qualify as a fellow "employee's" employment or Named Insured if there is no other similar while performing duties related to the insurance available to that organization. conduct of your business; or However: (b) The spouse, child, parent, brother or (1) Coverage under this provision is afforded sister of that fellow "employee" as a only until the 90th day after you acquire or consequence of Paragraph (a)above. form the organization or the end of the c. Anyone liable for the conduct of an insured policy period, whichever is earlier; described above is also an insured, but only to (2) Coverage A does not apply to"bodily injury" the extent of that liability. or "property damage" that occurred before 3. Any additional insured under any policy of you acquired or formed the organization; "underlying insurance" will automatically be an and insured under this insurance. (3) Coverage B does not apply to "personal Subject to Section III — Limits Of Insurance, if and advertising injury" arising out of an coverage provided to the additional insured is offense committed before you acquired or required by a contract or agreement, the most we formed the organization. will pay on behalf of the additional insured is the 2. Only with respect to liability arising out of the amount of insurance: ownership, maintenance or use of "covered a. Required by the contract or agreement, less autos": any amounts payable by any "underlying a. You are an insured. insurance"; or b. Anyone else while using with your permission a b. Available under the applicable Limits of "covered auto" you own, hire or borrow is also Insurance shown in the Declarations; an insured except: whichever is less. (1) The owner or anyone else from whom you Additional insured coverage provided by this hire or borrow a "covered auto". This insurance will not be broader than coverage exception does not apply if the "covered provided by the"underlying insurance". auto" is a trailer or semitrailer connected to No person or organization is an insured with respect a "covered auto"you own. to the conduct of any current or past partnership,joint (2) Your "employee" if the "covered auto" is venture or limited liability company that is not shown owned by that "employee" or a member of as a Named Insured in the Declarations. his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 18 SECTION III—LIMITS OF INSURANCE SECTION IV—CONDITIONS 1. The Limits of Insurance shown in the Declarations 1. Appeals and the rules below fix the most we will pay If the "underlying insurer" or insured elects not to regardless of the number of: appeal a judgment in excess of the"retained limit", a. Insureds; we may do so at our own expense. We will also b. Claims made, "suits" brought, or number of pay for taxable court costs, pre- and postjudgment vehicles involved; or interest and disbursements associated with such appeal. In no event will this provision increase our c. Persons or organizations making claims or liability beyond the applicable Limits of Insurance bringing "suits". described in Section III—Limits Of Insurance. 2. The Aggregate Limit is the most we will pay for the 2. Bankruptcy sum of all "ultimate net loss" under: a. Coverage A, except "ultimate net loss" a. Bankruptcy Of Insured because of"bodily injury"or"property damage" Bankruptcy or insolvency of the insured or of arising out of the ownership, maintenance or the insured's estate will not relieve us of our use of a"covered auto"; and obligations under this Coverage Part. b. Coverage B. b. Bankruptcy Of Underlying Insurer 3. Subject to Paragraph 2. above, the Each Bankruptcy or insolvency of the "underlying Occurrence Limit is the most we will pay for the insurer" will not relieve us of our obligations sum of all "ultimate net loss" under Coverage A under this Coverage Part. because of all "bodily injury" and "property However, this insurance will not replace the damage"arising out of any one"occurrence". "underlying insurance" in the event of bankruptcy 4. Subject to Paragraph 2. above, the Personal And or insolvency of the "underlying insurer". This Advertising Injury Limit is the most we will pay insurance will apply as if the "underlying under Coverage B for the sum of all "ultimate net insurance"were in full effect. loss" because of all "personal and advertising 3. Duties In The Event Of Occurrence, Offense, injury" sustained by any one person or Claim Or Suit organization. a. You must see to it that we are notified as soon 5. If there is "underlying insurance" with a policy as practicable of an "occurrence" or an offense, period that is nonconcurrent with the policy period regardless of the amount, which may result in a of this Commercial Liability Umbrella Coverage claim. To the extent possible, notice should Part, the "retained limit(s)" will only be reduced or include: exhausted by payments for: (1) How, when and where the "occurrence" or a. "Bodily injury" or "property damage" which offense took place; occurs during the policy period of this (2) The names and addresses of any injured Coverage Part; or persons and witnesses; and b. "Personal and advertising injury" for offenses (3) The nature and location of any injury or that are committed during the policy period of damage arising out of the "occurrence" or this Coverage Part. offense. However, if any "underlying insurance" is written b. If a claim is made or "suit" is brought against on a claims-made basis, the "retained limit(s)" will any insured, you must: only be reduced or exhausted by claims for that (1) Immediately record the specifics of the insurance that are made during the policy period, or any Extended Reporting Period, of this claim or"suit"and the date received; and Coverage Part. (2) Notify us as soon as practicable. The Aggregate Limit, as described in Paragraph 2. You must see to it that we receive written above, applies separately to each consecutive annual notice of the claim or "suit" as soon as period and to any remaining period of less than 12 practicable. months, starting with the beginning of the policy c. You and any other involved insured must: period shown in the Declarations, unless the policy period is extended after issuance for an additional (1) Immediately send us copies of any period of less than 12 months. In that case, the demands, notices, summonses or legal additional period will be deemed part of the last papers received in connection with the preceding period for purposes of determining the claim or"suit"; Limits of Insurance. Page 12 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 (2) Authorize us to obtain records and other (2) The total of all deductible and self-insured information; amounts under all that other insurance. (3) Cooperate with us in the investigation or 6. Premium Audit settlement of the claim or defense against a. We will compute all premiums for this the "suit"; and Coverage Part in accordance with our rules (4) Assist us, upon our request, in the and rates. enforcement of any right against any b. Premium shown in this Coverage Part as person or organization which may be liable advance premium is a deposit premium only. to the insured because of injury or damage At the close of each audit period we will to which this insurance may also apply. compute the earned premium for that period d. No insured will, except at that insured's own and send notice to the first Named Insured. cost, voluntarily make a payment, assume any The due date for audit and retrospective obligation, or incur any expense, other than for premiums is the date shown as the due date first aid, without our consent. on the bill. If the sum of the advance and audit 4. Legal Action Against Us premiums paid for the policy period is greater than the earned premium, we will return the No person or organization has a right under this excess to the first Named Insured. Coverage Part: c. The first Named Insured must keep records of a. To join us as a party or otherwise bring us into the information we need for premium a"suit"asking for damages from an insured; or computation, and send us copies at such times b. To sue us on this Coverage Part unless all of as we may request. its terms have been fully complied with. 7. Representations Or Fraud A person or organization may sue us to recover on By accepting this policy, you agree: an agreed settlement or on a final judgment against an insured; but we will not be liable for a. The statements in the Declarations are damages that are not payable under the terms of accurate and complete; this Coverage Part or that are in excess of the b. Those statements are based upon applicable limit of insurance. An agreed settlement representations you made to us; means a settlement and release of liability signed c. We have issued this policy in reliance upon by us, the insured and the claimant or the your representations; and claimant's legal representative. 5. Other Insurance d. This policy is void in any case of fraud by you as it relates to this policy or any claim under a. This insurance is excess over, and shall not this policy. contribute with any of the other insurance, 8. Separation Of Insureds whether primary, excess, contingent or on any other basis. This condition will not apply to Except with respect to the Limits of Insurance, and insurance specifically written as excess over any rights or duties specifically assigned in this this Coverage Part. Coverage Part to the first Named Insured, this insurance applies: When this insurance is excess, we will have no duty under Coverages A or B to defend the a. As if each Named Insured were the only insured against any "suit" if any other insurer Named Insured; and has a duty to defend the insured against that b. Separately to each insured against whom claim "suit". If no other insurer defends, we will is made or"suit" is brought. undertake to do so, but we will be entitled to 9. Transfer Of Rights Of Recovery Against Others the insured's rights against all those otherTo Us insurers. b. When this insurance is excess over other If the insured has rights to recover all or part of insurance, we will pay only our share of the any payment we have made under this Coverage "ultimate net loss"that exceeds the sum of: Part, those rights are transferred to us. The insured must do nothing after loss to impair them. (1) The total amount that all such other At our request, the insured will bring "suit" or insurance would pay for the loss in the transfer those rights to us and help us enforce absence of the insurance provided under them. this Coverage Part; and CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 13 of 18 10.When We Do Not Renew 14.Expanded Coverage Territory If we decide not to renew this Coverage Part, we a. If a "suit" is brought in a part of the "coverage will mail or deliver to the first Named Insured territory" that is outside the United States of shown in the Declarations written notice of the America (including its territories and nonrenewal not less than 30 days before the possessions), Puerto Rico or Canada, and we expiration date. are prevented by law, or otherwise, from If notice is mailed, proof of mailing will be sufficient defending the insured, the insured will initiate a proof of notice. defense of the "suit". We will reimburse the 11.Loss Payable insured, under Supplementary Payments, for Y any reasonable and necessary expenses Liability under this Coverage Part does not apply incurred for the defense of a "suit" seeking to a given claim unless and until: damages to which this insurance applies, that a. The insured or insured's "underlying insurer" we would have paid had we been able to has become obligated to pay the "retained exercise our right and duty to defend. limit"; and If the insured becomes legally obligated to pay b. The obligation of the insured to pay the sums because of damages to which this "ultimate net loss" in excess of the "retained insurance applies in a part of the "coverage limit" has been determined by a final settlement territory" that is outside the United States of or judgment or written agreement among the America (including its territories and insured, claimant and us. possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from 12.Transfer Of Defense paying such sums on the insured's behalf, we When the underlying limits of insurance have been will reimburse the insured for such sums. used up in the payment of judgments or b. All payments or reimbursements we make for settlements, the duty to defend will be transferred damages because of judgments or settlements to us. We will cooperate in the transfer of control will be made in U.S. currency at the prevailing to us of any outstanding claims or "suits" seeking exchange rate at the time the insured became damages to which this insurance applies which legally obligated to pay such sums. All would have been covered by the "underlying payments or reimbursements we make for insurance" had the applicable limit not been used expenses under Supplementary Payments will up. be made in U.S. currency at the prevailing 13.Maintenance Of/Changes To Underlying exchange rate at the time the expenses were Insurance incurred. Any "underlying insurance" must be maintained in c. Any disputes between you and us as to full effect without reduction of coverage or limits whether there is coverage under this policy except for the reduction of the aggregate limit in must be filed in the courts of the United States accordance with the provisions of such "underlying of America (including its territories and insurance" that results from payment of claims, possessions), Canada or Puerto Rico. settlement or judgments to which this insurance d. The insured must fully maintain any coverage applies. required by law, regulation or other Such exhaustion or reduction is not a failure to governmental authority during the policy maintain "underlying insurance". Failure to period, except for reduction of the aggregate maintain "underlying insurance" will not invalidate limits due to payments of claims, judgments or insurance provided under this Coverage Part, but settlements. insurance provided under this Coverage Part will Failure to maintain such coverage required by apply as if the "underlying insurance" were in full law, regulation or other governmental authority effect. will not invalidate this insurance. However, this If there is an increase in the scope of coverage of insurance will apply as if the required coverage any "underlying insurance" during the term of this by law, regulation or other governmental policy, our liability will be no more than it would authority was in full effect. have been if there had been no such increase. You must notify us in writing, as soon as practicable, if any "underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any"underlying insurance" is changed. Page 14 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 SECTION V—DEFINITIONS if such property can be restored to use by the 1. "Advertisement means a notice that is broadcast repair, replacement, adjustment or removal of or published to the general public or specific "your product" or "your work", or your fulfilling the market segments about your goods, products or terms of the contract or agreement. services for the purpose of attracting customers or 9. "Insured contract" means: supporters. For the purposes of this definition: a. A contract for a lease of premises. However, a. Notices that are published include material that portion of the contract for a lease of placed on the Internet or on similar electronic premises that indemnifies any person or means of communication; and organization for damage by fire to premises b. Regarding web sites, only that part of a web while rented to you or temporarily occupied by site that is about your goods, products or you with permission of the owner is not an services for the purposes of attracting "insured contract"; customers or supporters is considered an b. A sidetrack agreement; advertisement. c. Any easement or license agreement, except in 2. "Auto" means: connection with construction or demolition a. A land motor vehicle, trailer or semitrailer operations on or within 50 feet of a railroad; designed for travel on public roads, including d. An obligation, as required by ordinance, to any attached machinery or equipment; or indemnify a municipality, except in connection b. Any other land vehicle that is subject to a with work for a municipality; compulsory or financial responsibility law or e. An elevator maintenance agreement; other motor vehicle insurance law where it is f. That part of any contract or agreement entered licensed or principally garaged. into, as part of your business, pertaining to the However, "auto" does not include "mobile rental or lease, by you or any of your equipment". "employees", of any "auto". However, such 3. "Bodily injury" means bodily injury, disability, contract or agreement shall not be considered sickness or disease sustained by a person, an "insured contract" to the extent that it including death resulting from any of these at any obligates you or any of your "employees" to time. "Bodily injury" includes mental anguish or pay for "property damage" to any "auto" rented other mental injury resulting from "bodily injury", or leased by you or any of your"employees". 4. "Coverage territory" means anywhere in the world 9 That part of any other contract or agreement with the exception of any country or jurisdiction pertaining to your business (including an which is subject to trade or other economic indemnification of a municipality in connection sanction or embargo by the United States of with work performed for a municipality) under America. which you assume the tort liability of another party to pay for "bodily injury" or "property 5. "Covered auto" means only those "autos"to which damage"to a third person or organization. Tort "underlying insurance"applies. liability means a liability that would be imposed 6. "Employee" includes a "leased worker". by law in the absence of any contract or "Employee" does not include a "temporary agreement. worker". Paragraphs f. and g. do not include that part of 7. "Executive officer" means a person holding any of any contract or agreement: the officer positions created by your charter, (1) That indemnifies a railroad for"bodily injury" constitution, bylaws or any other similar governing or "property damage" arising out of document. construction or demolition operations, within 8. "Impaired property" means tangible property, other 50 feet of any railroad property and than "your product" or "your work", that cannot be affecting any railroad bridge or trestle, used or is less useful because: tracks, road-beds, tunnel, underpass or a. It incorporates "your product" or "your work" crossing; that is known or thought to be defective, (2) That pertains to the loan, lease or rental of deficient, inadequate or dangerous; or an "auto" to you or any of your b. You have failed to fulfill the terms of a contract "employees", if the "auto" is loaned, leased or agreement; or rented with a driver; or CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 15 of 18 (3) That holds a person or organization f. Vehicles not described in Paragraph a., b., c. engaged in the business of transporting or d. above maintained primarily for purposes property by "auto"for hire harmless for your other than the transportation of persons or use of a "covered auto" over a route or cargo. territory that person or organization is However, self-propelled vehicles with the authorized to serve by public authority. following types of permanently attached 10."Leased worker" means a person leased to you by equipment are not "mobile equipment" but will a labor leasing firm under an agreement between be considered "autos": you and the labor leasing firm, to perform duties (1) Equipment designed primarily for: related to the conduct of your business. "Leased worker"does not include a"temporary worker". (a) Snow removal; 11."Loading or unloading" means the handling of (b) Road maintenance, but not construction property: or resurfacing; or a. After it is moved from the place where it is (c) Street cleaning; accepted for movement into or onto an aircraft, (2) Cherry pickers and similar devices mounted watercraft or"auto"; on automobile or truck chassis and used to b. While it is in or on an aircraft, watercraft or raise or lower workers; and "auto"; or (3) Air compressors, pumps and generators, c. While it is being moved from an aircraft, including spraying, welding, building watercraft or "auto" to the place where it is cleaning, geophysical exploration, lighting finally delivered; and well servicing equipment. but "loading or unloading" does not include the However, "mobile equipment" does not include movement of property by means of a mechanical land vehicles that are subject to a compulsory device, other than a hand truck, that is not or financial responsibility law or other motor attached to the aircraft, watercraft or"auto". vehicle insurance law where it is licensed or 12."Mobile equipment" means any of the following principally garaged. Land vehicles subject to a or types of land vehicles, including any attached other motorry vehiclefa responsibility law re machinery or equipment: other insurance law are considered"autos". a. Bulldozers, farm machinery, forklifts and other 13."Occurrence" means an accident, including vehicles designed for use principally off public continuous or repeated exposure to substantially roads; the same general harmful conditions. b. Vehicles maintained for use solely on or next to 14."Personal and advertising injury" means injury, premises you own or rent; including consequential "bodily injur y", arising out c. Vehicles that travel on crawler treads; of one or more of the following offenses: d. Vehicles, whether self-propelled or not, a. False arrest, detention or imprisonment; maintained primarily to provide mobility to b. Malicious prosecution; permanently mounted: (1) Power cranes, shovels, loaders, diggers or c. The wrongful eviction from, wrongful entry into, drills; or or invasion of the right of private occupancy of a room, dwelling or premises that a person (2) Road construction or resurfacing equipment occupies, committed by or on behalf of its such as graders, scrapers or rollers; owner, landlord or lessor; e. Vehicles not described in Paragraph a., b., c. d. Oral or written publication, in any manner, of or d. above that are not self-propelled and are material that slanders or libels a person or maintained primarily to provide mobility to organization or disparages a person's or permanently attached equipment of the organization's goods, products or services; following types: e. Oral or written publication, in any manner, of (1) Air compressors, pumps and generators, material that violates a person's right of including spraying, welding, building privacy; cleaning, geophysical exploration, lighting f. The use of another's advertising idea in your and well servicing equipment; or "advertisement"; or (2) Cherry pickers and similar devices used to g. Infringing upon another's copyright, trade dress raise or lower workers; or slogan in your"advertisement". Page 16 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 15."Pollutants" mean any solid, liquid, gaseous or (2) The existence of tools, uninstalled thermal irritant or contaminant, including smoke, equipment or abandoned or unused vapor, soot, fumes, acids, alkalis, chemicals and materials. waste. Waste includes materials to be recycled, 18."Property damage"means: reconditioned or reclaimed. 16."Pollution cost or expense" means any loss, cost a. Physical injury to tangible property, including or expense arising out of any: all resulting loss of use of that property. All such loss of use shall be deemed to occur at a. Request, demand, order or statutory or the time of the physical injury that caused it; or regulatory requirement that any insured or b. Loss of use of tangible property that is not others test for, monitor, clean up, remove, physically injured. All such loss of use shall be contain, treat, detoxify or neutralize, or in any deemed to occur at the time of the way respond to, or assess the effects of, "occurrence"that caused it. "pollutants"; or b. Claim or suit by or on behalf of a governmental With respect to the ownership, maintenance or use of "covered autos", property damage also authority for damages because of testing for, includes "pollution cost or expense", but only to monitoring, cleaning up, removing, containing, the extent that coverage exists under the treating, detoxifying or neutralizing, or in any "underlying insurance" or would have existed but way responding to, or assessing the effects of, for the exhaustion of the underlying limits. "pollutants". For the purposes of this insurance, with respect to 17."Products-completed operations hazard": other than the ownership, maintenance or use of a. Includes all "bodily injury" and "property "covered autos", electronic data is not tangible damage" occurring away from premises you property. own or rent and arising out of"your product" or As used in this definition, electronic data means "your work"except: information, facts or programs stored as or on, (1) Products that are still in your physical created or used on, or transmitted to or from possession; or computer software (including systems and (2) Work that has not yet been completed or applications software), hard or floppy disks, CD- abandoned. However, your work" will be ROMs, tapes, drives, cells, data processing deemed completed at the earliest of the devices or any other media which are used with following times: electronically controlled equipment. (a) When all of the work called for in your 19."Retained limit" means the available limits of contract has been completed. "underlying insurance" scheduled in the Declarations or the "self-insured retention", (b) When all of the work to be done at the whichever applies. job site has been completed if your contract calls for work at more than one 20."Self-insured retention" means the dollar amount job site. listed in the Declarations that will be paid by the insured before this insurance becomes applicable (c) When that part of the work done at a job only with respect to "occurrences" or offenses not site has been put to its intended use by covered by the "underlying insurance". The "self- any person or organization other than insured retention" does not apply to "occurrences" another contractor or subcontractor or offenses which would have been covered by working on the same project. "underlying insurance" but for the exhaustion of Work that may need service, maintenance, applicable limits. correction, repair or replacement, but which 21."Suit" means a civil proceeding in which damages is otherwise complete, will be treated as because of "bodily injury", "property damage" or completed. "personal and advertising injury" to which this b. Does not include "bodily injury" or "property insurance applies are alleged. "Suit" includes: damage"arising out of: a. An arbitration proceeding in which such (1) The transportation of property, unless the damages are claimed and to which the insured injury or damage arises out of a condition in must submit or does submit with our consent; or on a vehicle not owned or operated by or you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 17 of 18 b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are (1) Warranties or representations made at any claimed and to which the insured submits with time with respect to the fitness, quality, our consent or the "underlying insurer's" durability, performance or use of "your consent. product"; and 22."Temporary worker" means a person who is (2) The providing of or failure to provide furnished to you to substitute for a permanent warnings or instructions. "employee" on leave or to meet seasonal or short- term workload conditions. c. Does not include vending machines or other 23."Ultimate net loss" means the total sum, after property rented to or located for the use of others but not sold. reduction for recoveries or salvages collectible, that the insured becomes legally obligated to pay 28."Your work": as damages by reason of settlement or judgments a. Means: or any arbitration or other alternate dispute (1) Work or operations performed by you or on method entered into with our consent or the your behalf; and "underlying insurer's"consent. 24."Underlying insurance" means any policies of (2) Materials, parts or equipment furnished in insurance listed in the Declarations under the connection with such work or operations. Schedule of"underlying insurance". b. Includes: 25."Underlying insurer" means any insurer who (1) Warranties or representations made at any provides any policy of insurance listed in the time with respect to the fitness, quality, Schedule of"underlying insurance". durability, performance or use of "your 26."Volunteer worker" means a person who is not work"; and your"employee", and who donates his or her work (2) The providing of or failure to provide and acts at the direction of and within the scope of warnings or instructions. 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. 27."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 18 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 COMMERICAL GENERAL LIABILITY CG MU 0009 06 22 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet 2 Property Damage Liability • Elevators 3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception 3 • Borrowed Equipment($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence 3 Supplementary Payments—Amended • Bail Bonds Up To $5,000 3 • Loss of Earnings Up To$500/Day 3 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee 4 • Newly Formed Or Acquired Organizations For Up To 180 Days 4 • Blanket Additional Insured—Vendors—As Required By Contract 4 • Blanket Additional Insured— Lessor Of Leased Equipment 6 • Blanket Additional Insured—Managers Or Lessors Of Premises 6 • Blanket Additional Insured—State Or Governmental Agency Or Subdivisions Or Political Subdivision—Permits Or Authorizations 7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Relating To Premises 8 Damage To Premises Rented To You — $300,000 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations 9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended 9 • Unintentional Failure To Disclose Hazards 9 • Waiver of Subrogation 10 Insured Contract Amended 10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication 10 CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY 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 Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft,Auto Or Watercraft "Bodily injury"or"property damage"arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the `occurrence" which caused the "bodily injury" or "property damage" involved in the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any"insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury"or"property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment". CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 2 of 10 B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage"to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the"property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the"property damage"arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage)to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are"your work" and were never occupied, rented or held for rental by you. Paragraphs (3)and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we will pay for"property damage" under this provision: (1) $25,000 any one"occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of$2,500 as a result of any one"occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions,the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III —LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 3 of 10 COVERAGE B— PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub-paragraphs b. and c.with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B E. Supplementary Payments—Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d.with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. SECTION II—WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co-Employee Paragraph 2. a. (1) is replaced by the following: However, none of these"employees"or"volunteer workers"are insureds for"bodily injury" or"personal and advertising injury": (a) To you, to your partners or members(if you are a partnership or joint venture),to your members(if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-employee" or "volunteer worker" as a consequence of Paragraph (1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a)or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for"bodily injury"or"personal and advertising injury"to any co-employee" or other "volunteer worker" arising out of and in the course of the co-"employee's" or"volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-"employee" or other"volunteer worker", is brought against you or a co-"employee" or a"volunteer worker",we will reimburse the reasonable costs that you incur in providing a defense to the co-employee" or"volunteer worker"against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 4 of 10 The following are added: C. Blanket Additional Insured—Vendors—As Required By Contract 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement,the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or(6); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C.does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the"products-completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors,the following is added to Section III—Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 5 of 10 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve,maps,shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. D. Blanket Additional Insured—Lessor Of Leased Equipment 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s)or organization(s)is an insured only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any"occurrence"which takes place after the equipment lease expires; A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury"or"property damage"arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or or omissions or those of its employees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 6 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing,approving, or failing to prepare or approve, maps,shop drawings,opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering,architectural or surveying services in your capacity as an engineer,architect or surveyor. E. Blanket Additional Insured—Managers Or Lessors Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps,shop drawings,opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring,employment,training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer,architect or surveyor. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 7 of 10 F. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss,to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or"personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury"or"property damage" included within the "products-completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer,architect or surveyor. G. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 8 of 10 However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving,or failing to prepare or approve,maps,shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III—LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5.above,the most we will pay under Coverage A for damages because of"property damage" to any one premises,while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5.above,the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 9 of 10 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance(1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Waiver of Subrogation Item 8.Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request,the insured will bring"suit"or transfer those rights to us and help us enforce those rights. SECTION V—DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 10 of 10 POLICY NUMBER: CPP 1259170 05 COMMERCIAL GENERAL LIABLITY WNGL500715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s): AS REQUIRED BY WRITTEN AS REQUIRED BY WRITTEN CONTRACT CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these ad- include as an additional insured the person(s) or ditional insureds, the following additional exclusion organization(s) shown in the Schedule, but only applies: with respect to liability for "bodily injury" or "prop- erty damage" caused, in whole or in part, by This insurance does not apply to: "your work" at the location designated and de- scribed in the schedule of this endorsement per- 1. "Bodily injury", "property damage" or "personal formed for that additional insured and included in and advertising injury" arising out of the render- the"products-completed operations hazard". ing of, or the failure to render, any professional However: architectural, engineering or surveying services, 1. The insurance afforded to such additional including: in- sured only applies to the extent permitted by a. The preparing, approving, or failing to pre- law;and pare or approve, maps, shop drawings, 2. If coverage provided to the additional insured opinions, reports, surveys, field orders, is required by a contract or agreement, the change orders or drawings and specifica- insurance afforded to such additional insured tions;or will not be broader than that which you are required by the contract or agreement to pro- b. Supervisory, inspection, architectural or en- vide for such additional insured. gineering activities. WN GL 50 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 This exclusion applies even if the claims D. The following is added to the Other Insurance against an additional insured allege negligence Condition and supersedes any provision to the or other wrongdoing in the supervision, hiring, contrary: employment, training or monitoring of others by that insured, if the "occurrence" which Primary And Noncontributory Insurance caused the "bodily injury" or "property dam- This insurance is primary to and will not seek age", or the offense which caused the "person- contribution from any other insurance available al and advertising injury", involved the render- to an additional insured under your policy pro- ing of or failure to render any professional vided that: services by you with respect to your providing (1) The additional insured is a Named Insured engineering, architectural or surveying serv- under such other insurance;and ices in your capacity as an engineer, architect or surveyor. (2) You have agreed in writing in a contract or C. With respect to the insurance afforded to these ad- agreement that this insurance would be pri ditional insureds, the following is added to Section mary and would not seek contribution from III—Limits Of Insurance: any other insurance available to the addition al insured. If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 50 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2