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(b) Giving directions or instructions, or failing to give them, if that is the <br />primary cause of the injury or damage; or <br />(2) Under which the insured, if an architect, engineer or surveyor, assumes <br />liability for an injury or damage arising out of the insured's rendering or <br />failure to render professional services, including those listed in Paragraph (1) <br />above and supervisory, inspection, architectural or engineering activities; and <br />B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. - Other Insurance, <br />b. Excess Insurance, (1) (a), is amended to include the following: <br />(v) That is a Railroad Protective Insurance Policy or similar coverage. <br />XI. COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO - <br />EMPLOYEE INJURIES <br />SECTION II - WHO IS AN INSURED, 2.a. (1), (a) and (b) are clarified to hold that: <br />Your supervisory or managerial "employees" are insureds for "bodily injury" to "co - <br />employees" while in the course of their employment or performing duties related to the <br />conduct of your business if claims or suits arise out of liability assumed by an insured <br />under an "insured contract" as provided by SECTION I - COVERAGES, COVERAGE A <br />BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, e. Employer's <br />Liability. <br />XII. WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US <br />SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. - Transfer of Rights <br />of Recovery Against Others To Us, is amended by the addition of the following: <br />We waive any right of recovery we may have against any person or organization <br />pursuant to applicable written contract or agreement you enter into because of <br />payments we make for injury or damage arising out of your ongoing operations or <br />"your work" done under a contract with that person or organization and included in <br />the "products -completed operations hazard". <br />XIII. AMENDMENT OF OTHER INSURANCE <br />A. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b. <br />- Excess Insurance, (1), is amended to include the following: <br />This insurance shall not be excess where (i) such other insurance is specifically <br />purchased to apply as excess of this policy, or (ii) where you are obligated by <br />contract to provide primary insurance to an additional insured, unless there is other <br />additional insurance coverage available to that additional insured. <br />B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b. <br />- Excess Insurance, (2), is deleted in its entirety and replaced with the following: <br />When this insurance is excess, we will have no duty under Coverages A or B to <br />defend any claim or "suit" that any other insurer has a duty to defend. If no other <br />insurer defends, we will undertake to do so, but we will be entitled to the insured's <br />rights against all those other insurers. <br />XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT <br />A. For all sums which the insured becomes legally obligated to pay as damages caused by <br />"occurrences" under COVERAGE A (SECTION 1), offense under COVERAGE B (SECTION <br />1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), <br />which can be attributed only to ongoing operations at a single designated construction <br />project: <br />100983 (2/09) Page 6 of 7 <br />REVIEWED BY: qA EUNICE HEREDIA (PG J OFIC <br />