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ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT
<br />THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
<br />INSURED: Johnson-Frank & Associates Fidelity and Guaranty Ins. Und.
<br />POLICY NUMBER: BKO1957972
<br />POLICY PERIOD: December 1, 2004 to December 1, 2005
<br />ADDITIONAL INSURED: City of Santa Ana, its officers, employees, agents and representatives
<br />This summary endorsement modifies insurance provided under the following:
<br />Additional Insured: The following is added to Section II.
<br />WHO IS AN INSURED:
<br />Any person or organization that you agree to add as an insured
<br />under this Liability Coverage Part in a written contract or
<br />agreement that is made before, and in effect when, the "bodily
<br />injury" or "property damage" occurs or the offense that causes
<br />the "personal injury" or "advertising injury" is first committed,
<br />but only with respect to that person's or organization's liability
<br />arising out of "your work" for that person or organization.
<br />However, such person or organization is not an insured with
<br />respect to any:
<br />(1) "Bodily injury", "property damage", "personal injury" or
<br />"advertising injury" that does not arise out of. (a) Your
<br />negligence; or (b) The negligence of another person or
<br />organization for whom you are liable;
<br />(2) "Bodily injury", "property damage", "personal injury" or
<br />"advertising injury" for which such person or organization has
<br />assumed liability in a contract or agreement, except for liability
<br />for damages that such person or organization would have in the
<br />absence of the contract or agreement;
<br />(3) "Property damage" to: (a) Property owned, used or occupied
<br />bv, or loaned or rented to such person or organization; (b)
<br />Property over which such person or organization is for anv
<br />purpose exercising physical control; or (c) "Your work"
<br />pertormed for the insured; or
<br />(4) "Bodily injury", "property damage", "personal injury" or
<br />"advertising injury" arising out of any architect's, engineer's or
<br />surveyor's rendering of, or failure to render, any "professional
<br />service", when such person or organization is an architect,
<br />engineer or surveyor.
<br />Aggregate Limit of Insurance (Per Project):
<br />The General Aggregate Limit applies separately, to each of your
<br />projects away from premises owned by or rented to you.
<br />Notice of Cancellation:
<br />We may cancel this policy by mailing (first class mail only) or
<br />delivering written notice of cancellation at least:
<br />a. 10 days before the effective date of cancellation if we cancel
<br />for non-payment of premium; or
<br />Other Insurance: The following replaces SECTION
<br />IV. Conditions, 5. "Other Insurance", a. Primary Insurance, (2):
<br />(2) However, this insurance will be considered primary to, and
<br />non-contributory with, "other insurance" issued directly to a
<br />person or organization added as an additional insured under
<br />Section II. WHO IS AN INSURED 2.; if you specifically agree,
<br />in that written contract or agreement, that this insurance must be
<br />primary to, and non-contributory with, such "other insurance".
<br />This insurance will then be applied is primary insurance for
<br />damages for "bodily injury", "property damage", "personal
<br />injury" or "advertising injury" to which this insurance applies and
<br />that are incurred by such person or organization, and we will not
<br />sham those damages with such "other insurance".
<br />Separation of Insureds:
<br />Except with respect to the Limits of Liability, and any rights or
<br />duties specifically assigned in this Coverage Part to the First
<br />Named Insured, this insurance applies:
<br />a. As if each Named Insured were the only Named Insured; and
<br />b. Separately to each insured against whom claims is made or
<br />"suit" is brought.
<br />Transfer of Rights of Recovery and Proceeds
<br />Against Others to Us (Waiver of Subrogation):
<br />The following is added to Section IV. Conditions, S.:
<br />However, we waive any right of recovery and proceeds we may
<br />have against any person or organization that is added as an
<br />Additional Insured under WHO IS AN INSURED, 2.:
<br />a. Because of payments we make for "bodily injury", "property
<br />damage", "personal injury" or "advertising injury" arising out of
<br />"vour work" in ongoing operations or included in the "products-
<br />completed operations hazard"; and
<br />b. Performed under a written contract or agreement that is made
<br />before, and in effect when, the "bodily injury" or "property
<br />damage" occurs or the offense that causes the "personal injury"
<br />or "advertising injury" is committed; and
<br />c. You specifically agree in such written contract or agreement to
<br />waive those rights of recovery and proceeds for such person or
<br />organization.
<br />APPROVED AS TO FORM
<br />b. 30 days before the effective date of cancellation if we cancel
<br />for any other reason. _P12
<br />Laura Stitt Sheedy-2o --signedby
<br />Assistant City Attornes
<br />CL/HI' 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Printed in U.S.A.
<br />Abbreviated permission. Copyright, Insurance Services Office, Inc 2001
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