2. This endorsement provision A. does not apply
<br />a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the
<br />`bodily injury'property damage" or "personal and advertising injury".
<br />b. To "bodily injury" or "property damage" occurring after
<br />(1) All work, including materials. parts or equipment furnished in connection with such work, in the
<br />project (other than service, maintenance or repairs) to be performed by or on behalf of the
<br />additional insured(s) at the site of the covered operations has been completed, or
<br />(2) That portion of "your work" out of which the injury or damage arises has been put to its intended
<br />use by any person or organization other than another contractor or subcontractor engaged in
<br />performing operations for a principal as a part of the same project,
<br />c. To the rendering of or failure to render any professional services including, but not limited to, any
<br />professional architectural, engineering or surveying services such as.
<br />(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
<br />reports, surveys, field orders, change orders or drawings and specifications, and
<br />(2) Supervisory, inspection, architectural or engineering activities;
<br />d. To 'bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error
<br />or omission that results from the additonal insured's sole negligence or wrongdoing,
<br />e. To any person or organization included as an insured under provision B. of this endorsement;
<br />If To any person or organization specifically designated an additional insured for ongoing operations by
<br />a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement
<br />issued by us and made a part of this policy.
<br />B. ADDITIONAL INSURED —VENDORS
<br />Paragraph 2. under SECTION II —WHO IS AN INSURED is amended to include as an insured any person or
<br />organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to
<br />provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property
<br />damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's
<br />business, subject to the following additional exclusions:
<br />1. The insurance afforded the vendor does not apply to.
<br />a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of
<br />the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
<br />damages that the vendor would have in the absence of the contract or agreement;
<br />b. Any express warranty unauthorized by you;
<br />c. Any physical or chemical change in the product made intentionally by the vendor;
<br />d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or
<br />substitution of parts under instructions from the manufacturer, and then repackaged in the original
<br />container;
<br />e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to
<br />make or normally undertakes to make in the course of business, in connection with the distribution or
<br />sale of the products;
<br />f. Demonstration, installation, servicing or repair operations, except such operations performed at the
<br />vendor's premises in connection with the sale of the product,
<br />g. Products which, after distribution or sale by you. have been labeled or relabeled or used as a
<br />container, part or ingredient of any other thing or substance by or for the vendor; or
<br />h. To "bodily injury" or "property damage' arising out of any act, error or omission that results from the
<br />additional insured's sole negligence or wrongdoing.
<br />2. This insurance does not apply to any insured person or organization, from whom you have acquired such
<br />products.. or any ingredient, part or container, entering into, accompanying or containing such products.
<br />Includes copyrighted matenal of Insurance Services offices Inc with its permission.
<br />GECG 602 (01111) APPROVED AS PT& FIMM
<br />� SA E. STORCK
<br />Assistant City Attorney
<br />
|