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(b) Giving directions o/ instructions, or failing to give them, if that is the <br />primary cause of the injury or damage; or <br />(2) Under which the innurnd, if an amhitoot, engineer or aumaynr, assumes <br />liability for an injury or damage arising out of the inmured'm rendering or <br />failure to render professional services, including those listed in Paragraph (1) <br />above and sopon/iwuq/, 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 o Railroad Protective |naumnoo Policy or similar coverage. <br />X1. COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO - <br />EMPLOYEE INJURIES <br />O-BNPLOYEE|NJURIES <br />SECT|ONU-VVHDIS A0INSURED, 2'a'(1)'(o) and (Ware clarified tuhold that: <br />Your supervisory or managerial "employees" are insureds for "bodily injury" to "oo- <br />nmpkyees^while inthe course of their employment orperforming duties related mthe <br />conduct of your business if cbhno or suits mhaa out of liability assumed by an insured <br />under an "insured contract" as provided by SECTION | - COVERAGES' COVERAGE J4 <br />ODD|[Y INJURY AND PROPERTY DAMAGE LIAByLXYY, 2. Exclusions, a' Employer's <br />XU WAIVER OPTRANSFER 0FRIGHTS ORRECOVERY AGAINST OTHERS TO US <br />SECTIONIV-COMMERCIALGENERALLIABILITY CONDITIONS, 8. - Transfer of Rights <br />pfRecovery Against 0tbaro To Wm, is amended by the addition of the following: <br />We waive any right ufrecovery 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 vvnrk" done under e contract with that person or organization and included in <br />the "produuta-oomp|otedoperations hazord^. <br />X111AMENDMENT OF OTHER INSURANCE <br />A. SECTION IV-COMMERCIALGENERALLIABILITY CONDITIONS, 4.'Other Insurance, b. <br />- Excess Insurance, (1), is amended to include the following: <br />This insurance shall not be excess where W such other insurance is specifically <br />purchased to apply as axueea of this policy, or (ii) whom you are obligated by <br />contract to provide primary insurance to an additional insured, unless there is other <br />additional insurance coverage available tnthat 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 axcama' we will have no duty under Coverages A or Bto <br />defend any claim or "suit" that any other insurer has a duty to defend. K no other <br />insurer defends, we will undertake to 6o so, but we will be entitled to the inoumd'o <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 Q. offense under COVERAGE 8 (SECTION <br />1) and for all medical expenses caused by accidents under COVERAGE C (SECTION |), <br />which can be attributed only to ongoing operations ata single designated construction <br />100983 (2/09) Page 6 of 7 <br />