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HomeMy WebLinkAboutNATIONAL TESTING NETWORKJAN 3 1 2019 A' N-2019-024 wo OT � 0,P t3: SAPID } AGREEMENT FOR POLICE RECRUITMENT SERVICES WITH NATIONAL TESTING NETWORK Fiscal THIS AGREEMENT is made and entered into on this 7th day of January, 2019 by and between National Testing Network, ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field'of providing testing services for upcoming Police Recruit, Police Officer Academy Graduate, Police Reserve Officer, Park Ranger, Correctional Officer and Correctional Services Officer recruitments B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A (City of Santa Ana Corrections) and B (Santa Ana Police Department, attached hereto and incorporated by reference. 2. COMPENSATION a, City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the annual membership fees as follows: $500 (Exhibit A) and $850 (Exhibit B). The total amount to be expended during the term of this Agreement shall not exceed $1350. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8 3. TERM This Agreement shall commence on the date first written above for a one (1) year term, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property Page 2 of 8 damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section. 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of [lie Consultant, its subcontractors, agents, employees, or other persons Page 3 of 8 acting on its behalf which relates to the services described in section t of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered Page 4 of 8 by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant Without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, tennination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14, ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 5 of 8 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the C'ity's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of perf'onnance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17, JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City filly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 6 of 8 or power is not, in fact, held by the signatory or is withdrawn. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza Santa Ana, California 92701 Fax: 714-245-8190 To Consultant: National Testing Network I8720 33'a Avenue West Lynwood, WA 98037 Attn: Senior Client Services Manager A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 Signature page— National "Testing Network IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: AJIA,q Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B: Tamara Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: D- entin Chief of Police CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: By C casr (cr�c�'=k �tti b Title:"r�c�l�t zc� Page 8 of 8 EXHIBITS A and B SCOPE OF SERVICES and COSTS NATIONAL Exhibit 4` n N r T W O R K NTN Signup for City of Santa Ana Corrections National Testing Network, Inc. (NTN) provides professional testing and recruitment services for public safety departments, including but not limited to fire, law enforcement, communications and corrections. NTN services go far beyond the current state of testing through the use of national testing facilities, high attention to customer service, experience and expertise in all issues surrounding public safety employment testing, high quality simulations and a fully integrated process that provides candidate information always available to participants. National Testing Network is owned and operated by professional testing experts with Ph.D.'s in Industrial/ organizational Psychology and over six decades of combined public sector testing experience. NTN is fully integrated with its parent company, Ergometrics and Applied Personnel Research, Inc, and uses Ergometrics' high quality simulations. Ergometrics is a nationally recognized leader in test development. Established in 1980, Ergometrics has designed the most comprehensive video testing and job simulation testing programs in the nation. Ergometrics has provided personnel testing services to thousands of clients and millions of applicants in the United States and Canada. NTN offers full time testing centers and satellite testing centers across the country. The annual membership cost for a department to utilize NTN's applicant testing and recruftment services Is $500.00 per year for each job classification. Annual Membership Each Job Category Membership Fee Annual Membership $500kO NTN WILL PROVIDE NTN will provide the testing services at designated testing facilities for the sole purpose of testing candidates for the specific job classifications stated in the scope of the agreement. NTN, at its sole discretion, may make changes to the tests materials, including, but not limited to alternate forms, scoring keys, additional sections, different test items, different tests andfor test administration strategy, including location. NTN will provide an applicant website for test scheduling, testing facility, test administration, database of applicant scores and consultation regarding scores and services. NTN will provide access to candidate information for candidates that submit stores to the Member.. This information will include basic application information as defined by NTN. NTN recruitment services oil include, but are not limited to, Internet advertising on job posting services. The candidate information collected will be determined by NTN and reported to the Member. Member job description information and logo will be posted on the NTN website. Any additional application materials and assessments will be the responsibility of the Member to collect. 0 187m;3M Ave.W, Lynnwood, WA 98037, Ph.4zS 77457ao Fax 4zS�779oezq o www.nationaltestingnetwork.com a N A T I O N A L a c 0 n NET 4Y O R K The Member was offered a transportability analysis as pad of the implementation process. If the Member chose not to conduct such an analysis, they hereby affirm they understand it is their responsibility to ensure the job is similar enough to the departments that participated in the criterion validation of the exam and/or have sufficient evidence of content validity. MEMBER WILL PROVIDE The Member will provide information regarding Member's organization and applications for use on the NTN website, including organization logos. The Member will also provide links on Member's websites to direct candidates to the NTN website for test sign,up. The Member will also engage in reasonable recruitment and advertising measures to bring candidates both to the NTN website and Members website for preemployment purposes. Member is required to inform NTN when a candidate has been hired using NTN. NTN will remove this candidate from consideration from other departments. MARKETING MATERIALS The Member grants NTN permission to use its name, logo and other identifying information for the purposes of marketing NTN services. This permission may be revoked by Member at any time. NTN agrees they will not alter or provide logos to any other entities and will only use in connection with this Agreement. National Testing Network sincerely appreciates the opportunity to earn your business and help support an efficient, cost effective applicant recruitment and screening process. 18720 WAve.W, Lynnwood, WA 98037, Ph, 425,7745700 Fa1.425-7740829 op. wwwmationaltestingnetwork.com o 6 NATIONAL ExhibitB •'gyp . fin: tk- L,lU 1J n N E T W O R K NTN Signup for City of Santa Ana Police Department National Testing Network, Inc. (NTN) provides professional testing and recruitment services for public safety departments, Including but not limited to fire, law enforcement, communications and corrections. NTN services go far beyond the current state of testing through the use of national testing facilities, high attention to customer service, experience and expertise In all issues surrounding public safety employment testing, high quality simulations and a fully Integrated process that provides candidate information always available to participants. National Testing Network is owned and operated by professional testing experts with Ph.D.'s in Industriall Organizational Psychology and over six decades of combined public sector testing experience. NTN is fully integrated with its parent company, Ergometdcs and Applied Personnel Research, Inc. and uses Ergometdcs' high quality simulations. Ergometdcs is a nationally recognized leader In test development. Established in 1980, Ergometdcs has designed the most comprehensive video testing and job simulation testing programs in the nation. Ergometres has provided personnel testing services to thousands of clients and millions of applicants in the United States and Canada. NTN offers full time testing centers and satellite testing centers across the country, The annual membership cost for a department to utilize NTN's applicant testing and recruitment services is $1,000.00 per year for each job classification. CPCA members receive a 15% discount on all first -year memberships. Annual Membership Each Job Category Membership Fee ....._.......,_....,._..,.,........_... 4,400,44 Annual Membership SaBO t10 NTN WILL PROVIDE NTN will provide the testing services at designated testing facilities for the sole purpose of testing candidates for the specific job classifications stated in the scope of the agreement. NTN, at Its sole discretion, may make changes to the tests materials, including, but not limited to alternate forms, scoring keys, additional sections, different test items, different tests andfor test administration strategy, including location. NTN will provide an applicant website for test scheduling, testing facility, test administration, database of applicant scores and consultation regarding scores and services. NTN will provide access to candidate information for candidates that submit scores to the Member. This information will include basic application Information as defined by NTN. NTN recruitment services will include, but are not limited to, Internet advertising on job posting services. The candidate Information collected will be determined by NTN and reported to the Member. Member job description information and logo will be posted on the NTN website, Any additional applicaton materials and assessments will be the responsibility of the Member to collect. 187xo))°Ave, W,Lynnwood, WA 98037, Ph. 425-774.5700 Fax425.774,0829.....o www.nationaltestingnetwork.mm 4 N A T 1 0 N A L & £i c.f a N E T W O R K The Member was offered a transportability analysis as part of the implementation process. If the Member chose not to conduct such an analysis, they hereby affirm they understand it is their responsibility to ensure the Wb is similar enough to the departments that participated in the criterion validation of the exam and/or have sufficient evidence of content validity. MEMBER WILL PROVIDE The Member will provide information regarding Members organization and applications for use on the NTN website, including organization logos. The Member will also provide links on Members websites to direct candidates to the NTN website for test sign-up. The Member will also engage in reasonable recruitment and advertising measures to bring candidates both to the NTN website and Member's website for preemployment purposes. Member is required to inform NTN when a candidate has been hired using NTN. NTN will remove this candidate from consideration from other departments. MARKETING MATERIALS The Member grants NTN permission to use its name, logo and other identifying information for the purposes of marketing NTN services. This permission may be revoked by Member at any terse. NTN agrees they will not alter or provide logos to any other entities and will only use in connection with this Agreement. National Testing Network sincerely appreciates the opportunity to earn your business and help support an efficient, cost effective applicant recruitment and screening process, t871033-Ave. W, Lynnwood, WA 98og7. Ph, 425.774.5700- Fax 4x5-77408zq w ,natlonaltestingnetworktom o. 0, `le. o CERTIFICATE OF LIABILITY INSURANCE L---'' p0/17/DD018 10/17 /2018 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(les) must 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 Degginger McIntosh and Associates 3977 Harbour Pointe Blvd SW Mukilteo WA 98275 NA MNTe�CT Ginger Pioli PNEMAILONE . 1421)740-5200 FAX a,(aas)74p-sap) .ginger®DMAinsurance.com INSURERS AFFORDING COVERAGE NAIC A _ INSURERA:His COx Inc. L19704 INSURED Ergometrics & Applied Personnel Research, Inc. National Testing Network, Inc. 18720 33rd Ave W STE 200 ILynnwood WA 98037 INSURER B:Amer i can Fire and Casualty Co. INSURER C;Evans ton Insurance Company INSURER o; INSURER E: INSURER F: lrl�l9aYA�f�-�tlli[\]little\]aPPit41-1a:i!\•lIc>ans:n,�.Ye�lulEf J0.��:]yr1 LYbI. \JUL4@Tye 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. ILTR TYPE OF INSURANCE OOL UB POLICYNUM85R POLICY BYY POLICY MI DYEXP LIMITS A GENERAL LIABILITY PL1004042.18 10/27/2018 0./27/2019 EACHOCCURRENCE S 11000,000 X COMMCRCIAL GENERAL LIABILITY CIAIMS-MADE ❑X OCCUR X PREMISES Ea occur e S so, 000 MED EXP UaYone person) _ $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 X DE➢➢CTIBLE: $2,500 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 2,000,000 X POLICY ECT 1-1 PRO- LOC $ B AUTOMOBILE LIABILITY AA58229925 10/27/201810/27/2019 Eaaccident)SINGLE LIMIT 1 000 000 ANY AUTO BODILY INJURY (Per person) SALL Ix OWNED SCHEDULEDAUTOS AUTO$ SS BODILY INJURY(peracciden0 $HIRED AUTOS X NON. AUTOS p O ERTY DAMAGE cci el t $ C LIAB X I OCCUR KSMP12L3318 10/27/2018 0/27/2019 EACHOCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 IUMBRELLA EXCESS LIAB CLAIMS-MAtlE DED I X I RE'I'EN'TIONS 10,000 $ A MPLOYEBSiNO5iOIXK >VIS 'LIABILITY YIN ANYPROPRIETORIPARTNEPoEXEcunvE --j OFFICERIMEMBER EXCLUDED? N I A L1004042.18 KA STOP GAP 10/27/2018 0/27/2019 TQBYLIMIWCSTA U. X TH- E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE, EA EMPLOYEE $ 1,000,000 (scudded, I,, NH) If yes, describe sutler DESCRIPTION OF OPERATIONS W. E.L DISEASE. POLICY LIMIT $ 11000,000 A PROFESSIONAL LIABILITY XPL1004042.18 10/27/201810/27/2019 EACH OCCURRENCE $2,000,000 DEDI IBLE: $5,000 BTRO DATE 06.23-1998 AGGREGATE $3, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addhicuial Remarks Schedule, If more space Is required) City of Santa Ana its officers, employees, agents and representatives are included as Additional Insured per attached form WCLP0002CW(1014) with respect to any and all operations of the Named Insured. Coverage is Primary/Non-Contributory per same form. Notice of Cancellation, Non -Renewal and Material Change on General Liability and Professional Liability applies per attached Endorsement WCLE60470W(O5/13). All endorsements apply per required Written Contract. RE1 NTN Testing Services 7146476956@myfax.com City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE McIntosh/OGDON ©1988-2010 ACORD CORPORATION. All richts reserved. NS025(20100501 /{the ACO ame and I are registered marks of ACORD It {/" Administ red by H I3GOX PR V 520 Madison Av niue 32nd Floor, New York, NY 10022 (846)452-2353 APPLICANT NAME: Ergometrics & Applied Personnel Research Inc In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the General Terms and Conditions are amended as follows: The following is added to the end of Section V. Other provisions affecting coverage, subsection C. Cancellation: 7. CIn hb event of a material change In coverage under this policy, or in the event this policy is cancelled for any reason other than the non-payment of premium or at the request of the named insured, or non -renewed, Underwrtiters will endeavor to mail written notice of cancellation, within 45 days to the Certificate Holder listed below: City of Santa Ana 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana, CA 92702-1988 The failure to notify the parties listed above will not negate or otherwise delay the effectiveness of any change in coverage or the cancellation or non -renewal of this policy. WCL E6047 CW (05113) Pagel or3 rto EioscOX PR General Liability Coverage Part (Occurrence) 1. What is covered ...... --- ..- ---------- A. Bodily injury and property We will pay up to the coverage part limit for damages you become legally obligated to pay damage because of bodily injury or property damage to which this Coverage Part applies, provided: 'I. the bodily Injury or property damage occurs during the policy period; 2. the bodily Injury or property damage is caused by an occurrence that takes place In the coverage territory; and 3, you have paid the applicable retention stated in the Declarations. We will have the right and duty to defend any claim seeking such damages, as set out In Section It. Defense and supplementary payments. We may, at our discretion, investigate any occurrence and settle any claim that may result. S. Personal and advertising We will pay up to the Personal and Advertising Injury Limit stated In the Declarations for damages Injury you become legally obligated to pay because of personal and advertising injury to which this Coverage Part applies, provided: 1. the personal and advertising Injury is caused by an offense arising out of your business operations; 2. the personal and advertising injury is caused by an offense committed in the coverage territory during the policy period; and 3. you have paid the applicable retention stated in the Declarations. We will have the right and duty to defend any claim seeking such damages, as set out in Section II. Defense and supplementary payments. We may, at our discretion, investigate any offense and settle any claim that may result. C. Medical payments Regardless or fault, we will pay up to the Medical Payments limit stated in the Declarations for medical expenses incurred by each person for bodily injury caused by an accident to which this Coverage Part applies, provided: 1. the accident takes place within the coverage territory and on premises rented to or owned by you or In connection with your business operations; 2. the accident occurs during the policy period; 3. the expenses are incurred and reported to us within one year of the date of the accident; and 4. the person who sustained such bodily injury submits to examination, at our expense, by physicians of our choice as often as we reasonably require. il. Defense and supplementary payments A. Claims against you With respect to any claim against you that we investigate, defend, or settle, we will pay; 1. claim expenses we incur with counsel of our choice to defend you; 2. up to $2,500 for the 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 coverage described in - Section I. What Is covered, A. Bodily injury and property damage, applies, but we will have no obligation to apply for or furnish any such bonds; 3. the cost of bonds to release attachments, but only for bond amounts within the applicable limit. We will have no obligation to apply for or furnish any such bonds; 4. reasonable expenses incurred by you at our request to assist us in the Investigation or defense of such claim, including actual loss of earnings up to $1,000 a day because of time off from work; Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (t0l14) Page 1 of 19 nIrl H I SCOX P R "' General Liability Coverage Part (Occurrence) 5. court costs taxed against you in the claim; however, costs do not include attorney fees or expenses; 63 prejudgment interest awarded against you on that part of any judgment we pay. if we make an offer to pay the applicable limit, we will not pay any prejudgment Interest based on the period of time after the offer; and 7. Interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited In court the part of the judgment that is within the applicable limit. B. Claims against your If we defend a claim against you, and your indemnitee is also named as a party to the claim, we indemnitee will also defend such indemnitee if all of the following conditions are met: 1. the claim against the indemnitee seeks damages for which you have assumed the hidemnitess liability in an Insured contract; 2. you have assumed the obligation to defend or pay for the defense of the Indemnitee in the same insured contract; 3. this Coverage Part would apply to the liability you have assumed if the claim against the indemnitee had been made against you; 4. the allegations in the claim and the Information we know about the occurrence are such that no conflict of Interest appears to exist between your interests and your indemnitee's interests; 5, you and your Indemnitee request that we conduct and control the defense of such indemnitee and agree we can assign the same counsel to defend both you and your Indemnitee; and 6. your idemnitee agrees In writing to: a. follow the requirements of Section III. Your obligations to us, B. Your duty to cooperate, of the General Terms and Conditions; b. notify any other Insurer whose coverage may be available to the indemnitee and cooperate with us with respect to coordinating any other Insurance applicable to the indemnitee; and c. authorize us to conduct and control the defense of the indemnitee. Our obligation to make any payments under this Section it ends when we have used up the coverage part limit, No retention will apply to amounts we pay under this Section 11, and such payments wall be in addition to, and not part of, the coverage part limit. III. Who is an In addition to the named insured, other persons or organizations may quality as insureds, as insured stated below. For purposes of this Section III only, you means the named insured. A. Sole proprietorships If you are an individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner. However, if you die: 1. persons or organizations having proper temporary custody of your property are Insureds, but only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed; and 2. your legal representative is an insured, but only with respect to his or her duties as your legal representatives. As such, they will assume your legal rights and duties under this Coverage Part, B. Partnerships or joint If you are a duly organized partnership (including a limited liability partnership)or a joint venture, ventures your members, partners, and their spouses are insureds, but only with respect to the conduct of your business. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10114) Page 2 of 19 A, ' H1SC0X q1'" General Liability Coverage Part (Occurrence) C. Limited liability if you are a duly organized limited liability company, your members and their spouses are companies insureds, but only with respect to the conduct of your business. Your managers are also insureds, but only with respect to their duties as your managers. D. Other organizations If you are an organization (Including a professional corporation) other than a partnership, joint venture, or limited liability company, your directors and officers are Insureds, but only with respect to their duties as your directors or officers. Your stockholders and their spouses are also Insureds, but only with respect to their liability as your stockholders. E. Trusts If you are a trust, your trustees are Insureds, but only with respect to their duties as your trustees. F. Employees Your employees are insureds, but only while In the course and scope of their employment by you or while performing duties related to the conduct of your business. G, Volunteer workers Your volunteer workers are insureds, but only while in the course and scope of their activities related to the conduct of your business performed on your behalf or at your direction. H. Real estate managers Persons (other than your employees) or organizations acting as your real estate managers are insureds, but only with respect to their duties as your real estate managers. 1. Amateur athletic Any person representing you while participating in an amateur athletic activity you sponsor is an participants insured. However, no such person Is an insured for: 1. bodily injury to: a. a co -participant, your employee, or your volunteer worker while also participating in the amateur athletic activity you sponsor; or b, you or any of your partners, members, or officers; or 2, property damage to property owned, occupied, or used by; rented to; or in the care, custody, or control of: a. a co -participant in the amateur athletic activity you sponsor, your employee, or your volunteer worker; or It. you or any of your partners, members, or officers. J. Newly acquired or formed If there Is no other similar insurance available, any organization you acquire or form during the organizations policy period, and in which you have majority ownership or interest at the time of an occurrence or offense covered by this Coverage Part, will qualify as an insured. This coverage is effective on the date of acquisition or formation and is afforded only until the 180th day after you acquire or form the organization, or the end of the policy period, whichever is earlier. There Is no coverage for the acquired or formed organization for: 1. bodily Injury or property damage that occurred; or 2. personal or advertising Injury arising out of an offense that was committed, before you acquired or formed the organization. The acquired or formed organization is an Insured only with respect to the conduct of your business. K. Additional insureds If you have agreed In a written contract or agreement to add them as an additional Insured to a policy providing the type of coverage afforded by this Coverage Part, the following persons or organizations are Insureds: 1. Any person or organization from whom you lease any premises, but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you. However, there is no coverage for such additional insureds for any structural alterations, new construction, or demolition operations performed by or on behalf of the additional insured, Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL POW 2 CW iM14) Page 3 of 19 �15 HISCOX >F General Liability Coverage Part (Occurrence) A person or organization's status as an additional insured under this subsection 1 ends when you cease to be a tenant in the premises. 2. Any person or organization for whom you are performing operations, but only with respect to liability arising out of: a. your acts or omissions or of those acting on your behalf; and b. the performance of your ongoing operations for tie additional insured. However, there Is no coverage for such additional insureds for: a. bodily Injury, property damage, or personal and advertising injury arising out of the rendering of or 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, drawings, or specifications; or (2) supervisory, inspection, architectural, or engineering activities; or b. bodily injury or property damage occurring after: (1) all work, including materials, parts, or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured at the location of the covered operations has been completed; or (2) that portion of your work out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. A person or organization's status as an additional Insured under this subsection 2 ends when your operations for that additional insured are completed. 3. Any person or organization who sells or distributes your products (referred to in this subsection as "vendor'), but only with respect to bodily injury or property damage arising out of your products sold or distrlbuted in the regular course of such vendor's business. However, there is no coverage for such additional insureds for: a. bodily injury or property damage for which the vendor is legally obligated to pay damages because of liability assumed in a contract or agreement; however, this exclusion will not apply to liability the vendor would have in the absence of such contract or agreement; b, any express warranty unauthorized by you; C. any physical or chemical change in the product made Intentionally by the vendor; d. 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; e. any failure to make Inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product; f. demonstration, installation, servicing, or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. 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 by or for the vendor; h. bodily injury or property damage arising out of the sole negligence of the vender for its own acts or omissions or those of Its employees or anyone else acting on its behalf; however, this exclusion will not apply to: Includes copyrighted material of Insurance WCL P0002 CW (10(14j Services Offices, Inc., with its permission Page 4 of 19 i1'<"i HISCO FI Ba" General Liability Coverage Part (Occurrence) (1) repackaging 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; (2) demonstration, Installation, servicing, or repair operations performed at the vendor's premises in connection with the sale of the product; or (3) Inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product. This insurance does not apply to any person or organization from whom you have acquired: a. products; b, any ingredient or pail of any product; or C. any container containing any products. 4. Any person or organization from whom you lease any equipment, but only with respect to Hi arising out of your maintenance, operation, or use of such equipment, A person or organization's status as an additional insured under this subsection 4 ends when the equipment lease expires, and this insurance will not apply to any occurrence or offense which takes place after such expiration. S. Any other person or organization not included in 1 through 4 above, provided the contract or agreement: a. is currently in effect or becomes effective during the policy period; and b, was executed before the bodily injury or property damage occurred or the offense out of which the personal and advertising injury arises was committed. Coverage is available for additional Insureds solely for their liability arising out of your negligence or of those acting on your behalf and not for any liability arising out of the sole negligence of the additional insured. Notwithstanding anything to the contrary in the other insurance provisions in the General Terms and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any additional insured will be primary and non-contributory, and any other insurance available to the additional insured for the same claim or occurrence will be specifically excess of the coverage part limit. Notwithstanding anything to the contrary in the subrogation provision in the General Terms and Conditions, we agree to waive any right of recovery we may have against any additional insured because of payments we make for injury or damage arising out of: the ownership, maintenance, or use of that part of any premises leased to you; 2. your ongoing operations; or 3. your work done under a contract with the additional insured and included in the products - completed operations hazard. The limits of liability applicable to any additional insured are either the amounts specified in the contract or agreement requiring them to be added as an additional insured, or the limits identified in the Declarations, whichever is less, and such amounts will be a part of, and not in addition to, Pie coverage part limit. IV. Limits of liability The limits stated in the Decierations and the rules below will be the most we will pay regardless of the number of; 1. insureds; 2. claims made or brought; or 3. persons or organizations making or bringing claims. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CVV i90/14) Page 6 of 19 R Y`IRI CT General Liability Coverage Part Occurrence A. Per location limit The Per Location Limit Identified in the Declarations is the most we will pay for all damages because of bodily injury and property damage occurring at each separate location where you perform business operations arising out of any one occurrence. This limit will apply only if an endorsement listing your separate locations Is added to this Coverage Part, B. Products -completed The Products -Completed Operations Limit identified in the Declarations is the most we will pay for operations limit all damages because of bodily Injury and property damage included in the products - completed operations hazard arising out of any one occurrence. C. Personal and advertising The Personal and Advertising Injury Limit Identified in the Declarations is the most we will pay for injury limit all damages because of personal and advertising injuryarising out of any one claim. D. Damage to premises limit The Damage to Premises limit Identified in the Declarations is the most we will pay for all damages because of property damage to any one premises while rented to you or temporarily occupied by you with permission of the owner. E. Elevator liability subiimit An Elevator Liability Sublimil of $25,000 is the most we will pay for all damages because of property damage resulting from the use of an elevator at premises you own, rent, or occupy and arising out of any one occurrence. F. Medical payments limit The Medical Payments limit identified in the Declarations is the most we will pay for the sum of medical expenses for bodily injury sustained by any one person covered under Section I, What Is covered, C, Medical payments. No retention will apply to amounts we pay under Section I. What Is covered, C. Medical payments, and such amounts will be in addition to, and not part of, the coverage part limit. All other limits described In this Section IV will be in excess of the retention and will be a part of, and not in addition to, the coverage part limit. V. Other provisions affecting coverage A. Notifying us of claims, 1. You must given written notice to us of any claim made or brought against you as soon as occurrences, or offenses possible, including the specifics of the claim and the date received. 2. You must give written notice to us of any occurrence or offense which may result In a claim as soon as possible. To the greatest extent possible, the notice must include: a. how, when, and where the occurrence or offense took place; b. the names and addresses of any injured persons and witnesses; and C. the nature and location of any injury or damage arising out of the occurrence or offense. All such notifications must be In writing and include a copy of any claim, and must be submitted to us via the designated email address or mailing address identified in Item G of the Declarations. B. Retention Our obligation to pay any damages under this Coverage Part is in excess of the retention, which you must pay in connection with each covered occurrence or offense. The retention does not apply to claim expenses or any other payments we make under Section II. Defense and supplementary payments. C. Legal action against us No person or organization has a right under this Coverage Part: 1, to join us as a parry or otherwise bring us into a claim seeking damages from you; or 2. to sue us on this Coverage Part unless all of Its terms and conditions have been fully complied with. Includes copyrighted material of Insurance Servioes Offices, Inc., with its permission WGL Patla2 CVJ tie/14) page 0 of 19 A0 H1SCO PR()"' General Liability Coverage Part (Occurrence) A person or organization may sue us to recover on an agreed settlement or final Judgment against you, but we will not be liable for damages that are not covered under this Coverage Part or that are in excess of the applicable limits. An agreed settlement means a settlement and release of liability signed by us, you, and the claimant or claimant's legal representative. D. Other insurance For purposes of this Coverage Part, the Other insurance provision in Section V. Other provisions affecting coverage, of the General Terms and Conditions is replaced by the following: If other valid and collectible Insurance is available to you for a claim we would otherwise cover under this Coverage Part, our obligations are limited as follows: 1. Primary Insurance -This Coverage Part Is primary except when the Excess insurance provision below applies. If this Coverage Part is primary, our obligations are not affected unless any of the other Insurance is also primary. Then, we will share with any other Insurance by the method described in the Method of sharing provision below. 2. Excess Insurance - This Coverage Part Is excess over any other Insurance, whether primary, excess, contingent, or on any other basis: a. that provides fire, extended coverage, builder's risk, installation risk, or similar coverage for your work; b. that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner; C. if the loss arises out of aircraft, autos, or watercraft (to the extent not subject to Exclusion A. 1. Aircraft, autos, or watercraft); d. that Is Insurance available to you because you have been added as an additional insured. When this Coverage Part is excess, we have no duty to defend you against any claim If any other insurer has a duty to defend you against such claim. If no other insurer defends, we will undertake to do so, but we will be entitled to your rights against those other insurers. When this Coverage Part is excess over other Insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of: a. the total amount that all other insurance would pay for loss in the absence of this Coverage Part; and b, the total of all deductible and self -insured amounts under all other insurance and this Coverage Part. We will share the remaining loss, If any, with any other Insurance that is not described in this Excess insurance provision and was not purchased or agreed specifically to apply in excess of this Coverage Part. 3, Method of sharing If all of the other insurance permits contribution by equal shares, we will contrbute by equal shares. Under this method, each insurer contributes equal amounts until it has paid its applicable limits or none of the loss remains, whichever occurs first If any other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of Its applicable limits to the total applicable limits of all insurers. E. Separation of insureds Except with respect to the limits and any rights or duties specifically assigned to the named Insured, this Coverage Part applies separately to each Insured against whom a claim is made or brought. Vl. Exclusions — What is not covered Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10114) Page 7 of 19 HISCOX IR CT General Liability Coverage Part Occurrence A, Bodily Injury and property damage We will have no obligation to pay any sums under this Coverage Part, Including any damages or exclusions claim expenses, for any claim for: Aircraft, autos, or 1. bodily injury or property damage arising out of the ownership, maintenance, use, or watercraft entrustment to others of any aircraft, auto, or watercraft owned or operated by or rented or loaned to you. Use includes operation and loading and unloading. This exclusion will apply even if the claim against you alleges negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by you, If the occurrence causing the bodily Injury or property damage Involved the ownership, maintenance, use, or entrustment to others of any aircraft, auto, or watercraft owned or operated by or rented or loaned to you. However, this exclusion wlii not apply to: a. watercraft while ashore on premises owned by or rented to you; b. watercraft you do not own, provided it Is: (1) less then 75 feet long; and (2) not being used to transport persons or property for a charge; c. the parking of an auto on, or on the ways next to, premises owned by or rented to you, provided the auto is not owned by or rented or loaned to you; d, liability assumed In an insured contract for the ownership, maintenance, or use of an aircraft or watercraft by others; e. bodily Injury or property damage arising out of: (1) 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 financial responsibility law or other motor vehicle insurance law in the state where It is licensed or principally garaged; or (2) operation of the equipment described in 6.b or 6.c of the definition of mobile equipment; or f. aircraft you do not own. However, this Coverage Part will be excess over any other insurance that applies to such aircraft, whether primary, excess, contingent, or on any other basis, and the rules stated in Section V. Other provisions affecting coverage, D. Other insurance, 2. Excess insurance will apply. Damage to impaired 2. property damage to impaired property or property that has not been physically injured property or property not arising out of: physically injured a. a defect, deficiency, inadequacy, or dangerous condition In your product or your Work; or b. a delay or failure by you or anyone acting on your behalf to perform a contractor agreement In accordance with its terms and conditions. However, this exclusion will not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its Intended use. Damage to property 3. property damage to: a. properly you own, rent, or occupy, including any costs or expenses incurred by you or any other person or organization for repair, replacement, enhancement, restoration, or maintenance of such property for any reason, including prevention of injury to a person or damage to anther's property; b. premises you sell, give away, or abandon, If the property damage arises out of any part of those premises; C. property loaned to you; it. personal property in your care, custody, or control; Includes copyrighted material of Insurance Services Onioes, Inc„ with its permission WCL P0002 CW (10/1d) Page 8 0/10 Jes HISCOX FIR(Y General Liability Coverage Part (Occurrence) S. 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 I. that particular part of any property that must be restored, repaired, or replaced because your work was incorrectly performed on it. Subsections a, c, and d of this exclusion will not apply to property damage (other than damage by fire) to premises (including the contents of the premises) rented to you for seven or fewer consecutive days, However, any payments we make for property damage to such property will be subject to the Damage to Premises Limit. Subsection b of this exclusion will not apply If the premises are your work and were never occupied, rented, or held for rental by you. Subsections c, d, e, and IF of this exclusion will not apply to liability assumed under a sidetrack agreement. Subsection f of this exclusion will not apply to property damage included in the products - completed operations hazard. Subsections c, d, and f of this exclusion will not apply to property damage arising out of the use of an elevator at premises you own, rent, or occupy. However, any payments we make for such property damage will be subject to the Elevator Liability Sublimit. Subsection d of this exclusion will not apply to property damage to equipment you borrow while at a job site, but only if it is not being used by anyone to perform operations at the fime of such property damage. Damage to your product 4. property damage to your product arising out of It or any part of it; however, this exclusion will not apply to property damage arising out of the use of an elevator at premises you own, rent, or occupy, but any payments we make for such property damage will be subject to the Elevator Liability Sublimit. Damage to your work 5. property damage to your work arising out of it or any part of it and Included in the products -completed operations hazard; however, this exclusion will not apply if the damaged work or the work out or which the damage arises was performed on your behalf by a subcontractor. Expected or intended 6. bodily Injury or property damage expected or intended from the standpoint of any Injury Insured; however, this exclusion will not apply to bodily Injury or property damage resulting from the use of reasonable force to protect persons or property. Injury to employee 7, a. bodily Injury to your employee arising out of and in the course and scope of employment by you or while performing duties related to the conduct of your business; or b. bodily injury to the spouse, child, parent, brother, or sister of such employee as a consequence of any bodily injury described In paragraph 7.a above. This exclusion will apply: a, whether you may be liable as an employer or in any other capacity; and Is. to any obligation to share damages with or repay someone else who must pay damages because of any injury described in paragraphs Za and To above. However, this exclusion will not apply to: a. liability for damages you assume in an Insured contract; or b. bodily Injury arising out of and in the course and scope of domestic employment by you, unless benefits for such Injury are in whole or in part either payable or required to be provided under any workers' compensation law. Liquor liability 8. bodily Injury or property damage for which you may be held liable by reason of: a, causing or contributing to the intoxication of any person; Includes copyrighted maledal of Insurance Services Offices, Inc., with its permission WCl P0002 CW (10114) Page 9 of 19 .� , (D' General Liability Coverage Part (Occurrence) b. furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or C. any statute, ordinance, or regulation relating to the sale, gifting, distribution, or use of alcoholic beverages. However, this exclusion will apply only if you are in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages. Mobile equipment 9, bodily injury or property damage arising out of: a. the transportation of mobile equipment by an auto owned or operated by or loaned or rented to you; or b. the use of mobile equipment in, while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. Prior knowledge 10. bodily Injury or property damage which: a. you; b, any insured listed in A through E of Section III. Who is an insured; or C. any employee authorized by you to give or receive notice of an occurrence or claim, knew had occurred prior to the policy period. Any continuation, change, or resumption of any such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage will be deemed to be known if you, any insured listed in A through E of Section III. Who is an Insured, or any employee authorized by you to give or receive notice of an occurrence or claim: a. reports all or any part of the bodily injury or property damage to us or any other insurer; b, receives a claim because of the bodily injury or property damage; or c, becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur. Exclusions 1, 2, 3, 4, 5, 8, and 9 of this Section A do not apply to damage by Rre to premises while rented to you or temporarily occupied by you with the owner's permission. However, any payments we make for property damage to such premises will be subject to the Damage to Premises Limit. B. Personal and advertising injury We will have no obligation to pay any sums under this Coverage Part, including any damages or exclusions claim expenses, for any claim for personal and advertising Injury: Breach of contract 1. based upon or arising out of any breach of contract, except an implied contract to use another's advertising Idea In your advertisement. Failure to conform to 2. based upon or arising out of the failure of goods, products, or services to conform with any statements statement of quality or performance made in your advertisement. Insureds in media and 3. committed by any insured whose business is: Internet type businesses a. advertising, broadcasting, publishing, or telecasting; b. designing or determining content of websites for others; or C. an Internet search, access, content, or service provider. However, this exclusion will not apply to personal and advertising injury caused by: a. false arrest, detention, or Imprisonment b. malicious prosecution; or Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (t0A4) Page 10 of 19 lAe, H1SC0X PfJ( " General Liability Coverage Part (Occurrence) C. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of Its owner, landlord, or lessor. For purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet is not, by itself, considered the business of advertising, broadcasting, publishing, or telecasting. Knowing violation of 4. caused by you or at your direction With knowledge the act would violate the rights of rights of another another and would inflict personal and advertising Injury. Material published prior 5. based upon or arising out of oral or written publication of material whose first publication to policy period took place prior to the policy period. Material published with 6. based upon or arising out of oral or written publication of material by you or at your direction knowledge of falsity with knowledge of its falsity. Unauthorized use or 7. based upon or arising out of any actual or alleged unauthorized use of anther's name or another's name or product In your email address, domain name, metatag, or any similar tactics to mislead product another's potential customers. Wrong description of 8. based upon or arising out of any actual or alleged wrong description of the price of goods, prices products, or services stated in your advertisement. C. Medical payments We will have no obligation to pay any sums under Section I. What Is covered, C. Medical exclusions payments for medical expenses for bodily Injury: Athletic activities 1. to any person Injured while practicing, instructing, or participating in any physical exercises or games, sports, or athletic contests; however, this exclusion will not apply to a person who is not an insured injured while participating In an amateur athletic activity you sponsor. Injury on normally 2, to any person injured on that part of any premises you own or rent that the person normally occupied premises occupies. Injury to you 8. to you or any person hired to work for or on behalf of you or your tenant; however, this exclusion will not apply to a volunteer worker. Products -completed 4. included in the products -completed operations hazard. operations hazard Workers' compensation 5. to any person, whether or not your employee, if benefits for such bodily injury are payable or similar laws or must be provided under any workers' compensation, disability benefits, or any similar law. D. Exclusions applicable We will have no obligation to pay any sums under this Coverage Part for medical expenses, or to the entire general for any claim, including any damages or claim expenses, for bodily injury, property damage, liability coverage part or personal and advertising injury: Asbestos 1. based upon or arising out of the actual or alleged mining, processing, manufacturing, use, testing, ownership, sale, or removal of asbestos, asbestos fibers, or material containing asbestos; exposure to asbestos, asbestos fibers, or materials containing asbestos; or the provision of instructions, recommendations, notices, warnings, supervision, or advice given, or which should have been given, in connections with asbestos, asbestos fibers, or structures or materials containing asbestos. Biological agents 2, based upon or arising out of: a. the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of biological agents; or b. any: Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10114) Page 11 of 19 0�0''1 HISCOX F-1 j- General Liability Coverage Part (Occurrence) (1) request, demand, or order that you or others test for, monitor, cleanup, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of any biological agents; or (2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of any biological agents. Communicable disease 3. based upon or arising out of the actual or alleged transmission of a communicable disease This exclusion will apply even if the claim against you alleges negligence or other wrongdoing in the: a. supervising, hiring, employing, training, or monitoring of others that may be infected with and spread a communicable disease; b, testing for a communicable disease; C. failure to prevent the spread of the disease; or d. failure to report the disease to authorities. Contractual liability 4. for which you are legally obligated to pay as damages because of liability assumed in a contract or agreement. However, this exclusion will not apply to liability for damages: a. you would have In the absence of such contract or agreement; or b. assumed in an insured contract, provided the bodily Injury, property damage, or personal and advertising Injury occurs after such contract or agreement has been fully executed. Crime or fraud 5. based upon or arising out of any actual or alleged criminal or fraudulent conduct committed by you, at your direction, or with your consent or knowledge. Electronic chatrooms, 6, based upon or arising out of an electronic chatroom, bulletin board, or website you host, bulletin boards, or own, or over which you exercise control. websites Electronic data 7. based upon or arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. Employment related 8. based upon or arising out of any actual or alleged: liability a. obligation under any workers' compensation, unemployment compensation, employers' liability, fair labor standards, labor relations, wage and hour, or disabllity benefit law, Including any similar provisions of any federal, state, or local statutory or common law; b. liability or breach of any duty or obligation owed by you as an employer or prospective employer: or c. harassment, wrongful termination, retaliation, or discrimination, including but not limited to adverse or disparate impact, Including any resulting damages sustained at any time by the brother, child, parent, sister, or spouse of such person as a consequence of the above. This exclusion will apply: a, whether you may be liable as an employer or in any other capacity; and b. to any obligation to share damages with or repay someone else who must pay damages because of any of the above. Fair credit 9. based upon or arising out of any actual or alleged violation of the Fair Credit Reporting Act and/or Fair and Accurate Credit Transactions Act, both as may be amended, or any similar federal, state, or local statutes, rules, or regulations In or outside the V.S. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL Pa002 CW (10114) Page 12 of 19 ,Ael t General Liability Coverage Part Occurrence Intellectual property 10. based upon or arising out of any actual or alleged infringement, use, or disclosure of any Intellectual property, including but not limited to copyright, trademark, trade dress, patent, service mark, service name, title, or slogan, or any publicity rights violations, cyber squatting violations, moral rights violations, any act of passing -off, or any misappropriation of trade secret. However, this exclusion will not apply to: a. the use of another's advertising idea in your advertisement; or b. infringementof copyright, trade dress, or slogan In your advertisement. Lead 11. based upon or arising out of: a, the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of lead; b. any: (1) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effect of lead; or (2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of lead. Pollution 12. based upon or arising out of: a. the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants: (1) at or from any premises, site, or location which is or was at any time owned or occupied by or rented or loaned to you; however, this subsection will not apply to: (a) bodily injury if sustained within a building and caused by smoke, fumes, vapor, or soot originating from equipment that is used to heat, cool, or dehumidify the building, or equipment that is used to heat water for personal use by the building's occupants; (b) bodily injury or property damage for which you may be held liable, If you are a contractor and the owner or lessee of such premises, site, or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at the premises, site, or location, and such premises, site, of location is not and never was owned or occupied by or rented or loaned to any Insured other than that additional insured; or (c) bodily Injury or properly damage arising out of heat, smoke, or fumes from a hostile fire; (2) at or from any premises, site, or location which is or was at any time used by you or any other person or organization for the handling, storage, disposal, processing, or treatment of waste; (3) which are or were at any time transported, handled, stored, disposed of, processed, or treated as waste by or for you or for any person or organization for whom you are legally liable; (4) at or from any premises, site, or location on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations, if the pollutants are brought onto the premises, site, or location in connection with such operations by you or your contractor or subcontractor. However, this subsection will not apply to: (a) bodily injury or property damage arising out of the escape of fuels, lubricants, or other operating fluids necessary to perform the normal Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 OW 110114) Page 13 of 19 J, H1SC0 pf_11CJ" General Liability Coverage Part (Occurrence) electrical, hydraulic, or mechanical functions necessary for the operation of mobile equipment or Its parts, if such fuels, lubricants, or other operating fluids escape from a vehicle part designed to hold, store, or receive them, This exception will not apply If the bodily injury or property damage arises out of the Intentional discharge, dispersal, or release of the fuels, lubricants, or other operating fluids or if such fuels, lubricants, or operating fluids are brought onto the premises, site, or location with the Intent that they be discharged, dispersed, or released as part of the operations being performed by you or your contractor or subcontractor; (b) bodily injury or property damage sustained within a building and caused by the release of gases, fumes, or vapors from materials brought into that building in connection with operations being performed by you or your contractor or subcontractor; or (c) bodily Injury or property damage arising out of heat, smoke, or fumes from a hostile fire; or (5) at or from any premises, site, or location on which you or any contractors or subcontractors working directly or Indirectly your behalf are performing operations, if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effects of pollutants; or b. any: (1) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of pollutants; or (2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of pollutants. However, this subsection will not apply to liability for damages because of property damage you would have in the absence of such request, demand, order, claim, or other proceeding by or on behalf of a governmental authority. Privacy 13. based upon or arising out of any actual or alleged: a. unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information that is in your care, custody, or control; or b. violation of any privacy law or consumer data protection law protecting against the use, collection, or disclosure of any information about a person or any confidential corporate information. Professional services 14. based upon or arising out of your actual or alleged performance of or failure to perform professional services. Recall of products, work, 15. based upon or arising out of the loss of use, withdrawal, recall, inspection, repair, or Impaired property replacement, adjustment, removal, or disposal of: a. your product; b. your work; or c. Impaired property; If such product, work, or property Is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy, or dangerous condition In it. Silica 16. based upon or arising out of any actual, alleged, or threatened exposure to, Inhalation of, or contact with silicon dioxide, silica products, silica fibers, silica dust, any silica byproducts, or silica, whether alone or in combination with any substance, product, or material. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10114) Page 14 or 10 J14 HISCO , a" General Liability Coverage Part (Occurrence) Unsolicited telemarketing 17, based upon or arising out of any actual or alleged violation of any federal, state, or local statutes, ordinances, or regulations relating to unsolicited telemarketing, solicitations, smalls, faxes, text messages, or any other communications of any type or nature, including but not limited to the Telephone Consumer Protection Act, CAN-SPAM Act, or any "anti- spam" or "do -not -call" statutes, ordinances, or regulations. Exclusions 8, 12. and 15 of this Section D do not apply to damage by fire to premises while rented to you or temporarily occupied by you with the owner's permission. However, any payments we make for property damage to such premises will be subject to the Damage to Premises Limit. VII. Definitions The following definitions apply to this Coverage Part. Additional definitions are contained in the General Terms and Conditions, Section VI. Definitions applicable to all Coverage Parts. Accident means a sudden and unintended event that causes bodily Injury to a third party. This definition applies only to coverage provided under Section I. What Is covered, C. Medical payments. Advertisement means a notice about your goods, products, or services that is published or broadcast to the general public or a specific market segment for the purpose of attracting customers or supporters. For purposes of this definition: 1. notices that are published include material placed on the Internet or on other similar electronic means of communication; and 2. with regard to websites, only that part of the website that Is about your goods, products, or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means: 1. a land motor vehicle, trailer, or semi -trailer designed for travel on public roads, including any attached machinery or equipment, or 2. any other land vehicle subject to a financial responsibility law or other motor vehicle Insurance law in the state where It is licensed or principally garaged. However, auto does not include mobile equipment. Biological agents means any: - 1. a. bacteria; b. mildew, mold, or fungi; c. other microorganisms; or d, mycotoxins, spores, or other byproducts of any of the foregoing; 2. viruses or other pathogens (whether or not a microorganism); or 3. colony or group of any of the foregoing. Bodily Injury means physical injury, sickness, or disease sustained by a person, including resulting death, humiliation, mental injury, mental anguish, emotional distress, suffering, or shock, at any time. All such resulting injury will be deemed to occur at the time of the physical injury, sickness, or disease that caused it. Claim means any: 1. written assertion of liability; 2, written demand for damages; or 3. civil proceeding seeking damages, for bodily injury, property damage, or personal and advertising injury to which this Coverage Part applies. This includes an arbitration proceeding or any other alternative dispute resolution proceeding in which such damages are sought and to which you submit with our consent. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10114) Page 15 or 19 HISCOX PRCYM General Liability Coverage Part (Occurrence) Claim expenses means all reasonable and necessary fees, costs, and expenses (including the fees of attorneys and experts) incurred in the Investigation, defense, or appeal of a claim. Coverage territory means anywhere in the world, but this Coverage Part will apply only to a claim brought In the United States, its territories or possessions, or Canada. Damages means any monetary amount you are ordered to pay by a court, or by an arbitrator in an arbitration to which we have consented. However, damages does not include any civil, regulatory, or criminal fnes, restitution, disgorgement, sanctions, taxes, or penalties, including those Imposed by any federal, state, or local governmental authority, or any multiple, punitive, or exemplary damages. Damages because of bodily injury includes care, loss, or services, or death resulting at any time from the bodily injury. Employee means any person employed by you, including any leased worker, but does not include a temporary worker. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: 1. it Incorporates your product or your work that is known or thought to be defective, deficient, inadequate, or dangerous; or 2. you have failed to fulfill the terms or conditions of a contract or agreement; if such property can be restored to use by: 1. the repair, replacement, adjustment, or removal of your product or your work; or 2, your fulfilling the terms or conditions of the contract or agreement. Insured contract means: 1. a contract for the lease of premises, but not any portion of the lease that indemnities any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner; 2, a sidetrack agreement; 3. an easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. an obligation, as required by ordinance, to indemnify a municipality, except in connection Will work fora municipality; 5, an elevator maintenance agreement; or 6, any other contract or agreement pertaining to your business (including an indemnification of a municipality In connection with work performed for such municipality) in which you assume the tort liability of another to pay damages sustained by a third party to which this Coverage Part would apply. Tort liability means liability that would be imposed by law in the absence of any contract or agreement However, an insured contract does not include that part of any contract or agreement: 1. that indemnities a milread for bodily injury or property damage arising out of construction or demolition operations on or within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing; 2. that Indemnifies an architect, engineer, or surveyor for damages arising out of: a. preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, field orders, change orders, designs, or specifications; or b, giving or failure to give directions or instructions, if that is the primary cause of the injury or damage; or Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW 1101141 Page ie or 19 41 HISCOX pf-Djj '" General Liability Coverage Part (Occurrence) 3, under which an insured who is an architect, engineer, or surveyor assumes the liability for injury or damage arising out of the Insured's rendering of or failure to render professional services or any kind. Lead means the element lead in any form, including its use or presence in any alloy, compound, byproduct, or other material waste. Waste Includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed. Leased worker means any person leased to you by a labor leasing firm to perform duties related to the conduct of your business. However, leased worker does not include a temporary worker. Loading or unloading means the handling of property: 1. after it Is moved from the place where it is accepted for movement Into or onto an aircraft, auto, or watercraft; 2. while it is in or on an aircraft, auto, or watercraft; or 3.. while it is being moved from an aircraft, auto, or watercraft to the place where it Is finally delivered. Loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that Is not attached to the aircraft, auto, or watercraft. Medical expenses means reasonable expenses for necessary: 1, first aid administered at the time of an accident; 2. medical, surgical, x-ray, and dental services, Including prosthetic devices; and 3, ambulance, hospital, professional nursing, and funeral services. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: 1. bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads; 2. vehicles maintained for use solely on or next to premises owned by or rented to you; 3. vehicles that travel on crawler treads; 4. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a, power cranes, shovels, loaders, diggers, or drills; or b. road construction or resurfacing equipment such as graders, scrapers, or rollers; 5. vehicles not described In 1, 2, 3, or 4 above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a, air compressors, pumps, and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting, and well -servicing equipment; or b. cherry pickers and similar devices used to raise or lower workers; and B. vehicles not described in 1, 2, 3, or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However, mobile equipment does not include self- propelled vehicles with the following types of permanently attached equipment: a, equipment designed primarily for: (1) snow removal; (2) road maintenance, but not construction or resurfacing; or (3) street clearing or cleaning; b. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; or Includes copyrighted material of Insurance Services Offices, Inc., with its permission WCL P0002 CW (10M,I) Page 17 of to S HISCOX " . M General Liability Coverage Part (Occurrence) C. air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well -servicing equipment. Instead, vehicles described in a, b, or c above will be considered autos. Occurrence means an accident arising out of your business operations, including continuous or repeated exposure to substantially the same general harmful conditions. Officer means a person holding any of the officer positions created by an organization's charter, constitution, by-laws, or any other similar governing documents. Personal and advertising means injury, Including consequential bodily injury, arising out of one or more of the following Injury offenses: 1. false arrest, detention, or Imprisonment; 2. malicious prosecution; 3. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of its owner, landlord, or lessor; 4. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products, or services; 5 oral or written publication, in any manner, of material that violates a person's right to privacy; 6. the use of another's advertising idea in your advertisement; or 7. Infringement of copyright, trademark, trade dress, or slogan In your advertisement. Pollutants means any solid, liquid, gaseous, or thermal Irritant or contaminant, Including smoke, vapor, dust, nanopartides, fibers, soot, ash, fumes, acids, alkalis, chemicals, and waste. Waste includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed. Products -completed 1. includes all bodily injury and property damage taking place away from premises owned, operations hazard occupied by, loaned, or rented to you and arising out of your product or your work, except: a, products that are still in your physical possession; or b. work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times: (1) when all of the work called for in your contract or agreement has been completed; (2) when all of the work to be performed at the site has been completed, if your contract or agreement calls for work at more than one site; or (3) when that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair, or replacement, but which Is otherwise complete, will be treated as completed; and 2, does not include bodily injury or property damage arising out of: a. the transportation of property, unless the Injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by you; or b. the existence of tools, uninstalled equipment, or abandoned or unused materials. Professional services means professional services customarily provided by an architect, engineer, surveyor, physician, surgeon, dentist, or other healthcare provider, accountant, Insurance agenNbmker, investment advisor, securities broker/dealer, or attorney, or any other services identified as Covered Professional Services in the Declarations. Includes copyrighted material of Insurance Services Offices, Inc., with its permission WU P0002 CW (10/14) Page is of 19 1", HISCOX PR(, General Liability Coverage Part (Occurrence) Property damage means: 1. physical injury to tangible property, including all resulting loss of use of that property, All such loss of use will be deemed to occur at the time of the physical Injury that caused it; or 2. loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused It. Tangible property does not Include any software, data, or other Information in electronic form. Retention means the amount stated as such under the General Liability Coverage Part section of the Declarations. Temporary worker means a person who Is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Temporary worker does not include leased worker. Volunteer worker means a person who Is not your employee, and who donates his or her work and acts at your direction and within the scope of duties determined by you, and is not paid a fee, salary, or other compensation by you or anyone else for their wort( performed for you. You, your, or insured means the named Insured and any other person or organization expressly described as an Insured in Section Ili. Who is an insured. Your product 1., means any: a. goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by: (1) you; (2) others trading under your name; or (3) a person or organization whose assets or business you have acquired; and b. containers (other than vehicles), materials, parts, or equipment furnished In connection with such goods or products; 2, includes: a. representations or warranties made at any time with respect to the durability, fitness, performance, quality, or use of your product; and b, the providing of or failure to provide instructions or warnings; and 3, does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your work 1. .means: a. work or operations performed by you or on your behalf; and b. materials, parts, or equipment furnished in connection with such work or operations; and 2. Includes: a. representations or warranties made at any time with respect to the durability, fitness, performance, quality, or use of your work; and b. the providing of or failure to provide instructions or warnings. Includes copyrighted material of Insurance Services Offices, Inc.. with its permission W CL P0002 CW (10114) Page 19 or 19 11/1/2018 NATIONAL TESTING NETWORK INC STAR! OF WASHINGTON Department of Labor & Industries Certificate of Workers` Compensation Coverage WA UBI No. L&I Account ID Legal Business Name Doing Business As Workers' Comp Premium Status: Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? November 1, 2018 602 677 505 579,003-01 NATIONAL TESTING NETWORK INC NATIONAL TESTING NETWORK INC Account Is current. Quarter 3 of Year 2018 "21 to 30 Workers" Employer Services Help Line, (360) 902.4817 No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12,050 and S 1.16.1-2Q). https:tlsecure.Ini.wa.govNerifylDetailsfliabilityCertificate.aspx?UBI=602677505&LIC=&VIO=&SAW=false&ACCT=57000301 t/1 Carroll, Robert From: Ferrer, Lourdes Sent: Wednesday, November 07, 2018 2:30 PM To: Carroll, Robert Subject: FW: Santa Ana Insurance Certificate Attachments: image001.png; NTN MICertificate 11.1.2018.pdf From NTN regarding the WC insurance. -Lou From: Stephanie Moris(maiito:stephaniem@ergometrics.org) Sent: Wednesday, November 07, 2018 2:24 PM To: Ferrer, Lourdes <LFerrer@santa-ana.org> Subject: Re: Santa Ana Insurance Certificate Hi Lourdes, Thank you for your email! NTN's insurance company cannot evidence 'Workers Compensation' on the Accord Form because NTN is a Washington State corporation with offices in Lynnwood, WA. In WA State all employers are covered by WA State Labor & Industries, it cannot be covered through a private insurer. WA L&I accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation. Attached you will find current certification of NTN coverage through WA L&I. In addition, NTN has Employer Liability Stop Gap coverage which is evidenced on the City's certificate. Feel free to reach out to me with any questions or concerns. Warm regards, NATIONAL s o F' E ` f o N F T W 0 R K r7 44 F J. O Ff K Stephanie Morns Client Services. Representative ErgometricslNational Testing Network 18720 33rd Avenue West. Lynnwood, 4Vi 98037 PH: 425•-774-5700 Ext. 107 FX: 425-774-0825 Email: stephaniern o ergometrics.org On Wed, Nov 7, 2018 at 12:32 PM Ferrer, Lourdes <L Ferrer(d ssrnta ana.or> wrote: Hi Stephanie-- our Budget Division reviewed the documents you provided for proof of insurance and they are wondering why the highlighted section below is crossed out: Per the Budget manager, they cannot accept it with those markings. Can you clarify or submit an unmarked copy. Thanks! -Lou From: Stephanie Moris [mailto:steohaniem@ergometric„ s.org] Sent: Monday, October 29, 2018 9:28 AM To: Ferrer, Lourdes <LFerrer@santa-ana.org> Subject: Santa Ana Insurance Certificate Good morning Lourdes, I hope you had a wonderful weekend! Our insurance company will be mailing copies of your department's insurance certificates this week, however, I wanted to ensure you had the paperwork right away. I have attached digital copies to this email for your records. Feet free to reach out to me with any questions or conceals. Warm regards, E N AT I ON AL N E T W 0 R K Stephanie Moris Client Services Representative Ergor'netrics/National Testing Network 18720 33rd Avenue West Lynnwood, WA 98037 PH: 425-774-5700 Ext. 107 FX: 425.774-0829 Email: stephaniem@ergometrics.org A� �' CERTIFICATE OF LIABILITY INSURANCE D0/23mD019 10/23/2019 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 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 NAME: G1IIjBr P1O11 Degginger McIntosh and Associates PHONE 1425)740-5200 FAX 3977 Harbour Pointe Blvd SW (4251140-5201 AIC NickAGGRESS: E- ginger@DMAinsurance.com INSURERS AFFORDING COVERAGE NAIC N Mukilteo WA 98275 INSURERA:HiSCOX, Inc. L19704 INSURED INSURER a: American Fire and Casualt CO. Ergometrics & Applied Personnel Research, Inc. INSURER c:Evanston Insurance Company National Testing Network, Inc. INsuRER G: 2122 164th St. SW, Suite 300 INSURERE: Lynnwood WA 980B7 nnvcmrva INSURER F: CERTIFICATE NUMBcn:19/20 CIL BA SG UmH PRO REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED"POLICYPERIODOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENESPECT TO WHICH THISCERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IST TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUERLTR POLICY NUMBER POLICY EFF POLICYEXPNimMMIDDP(YYY M DDn'YYYLIMITSA GENERALLIABILITY PL1004042.19 0/27/2019 10127/202DURRENCE S 1,000, 000X COMMERCIALGENERALLIABILITY (E mou0Ea ac hence S 50, 000CLAIMS-MADE Any one person) S 5, 000X � OCCUR X OEDOCTIHIJi: $2,500 AADV INJURY S 1,000,000 GENERALAGGREGATE S 2,000,000 GENLAGGREGATE LIMITAPPLIES PER: PRODUCTS -COMPIOPAGG 5 2,000, 000 X POLICY PRO LCC S B AUTOMOBILE LIABILITY BAA.58229925 0/27/2019 0/27/2020 COMBINED SINGLE LIMiT Eaaccident) S 11000,000 ANYAUm BODILY INJURY(Pmperem) S ALL OWNED SCHEDULEDAUTOSAUTOSBODILY INJURY (Peraccident) S Ix HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Pe aoi t S C X UMBRELLA LIAB X OCCUR BW8345119 0/27/2019 10/27/2020 EACH OCCURRENCE S 2,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE 5 2,000,000 DEO XRETENTION S 10,00 S A AVtKW)9V KIGM aI MJOXEMPLOYERS' LIABILITY L1004042.19 O/27/2019 10/27/2020 WCSTAID- X OTK YIN ANY PROPRIETOWPARTNFREXECUTIVE OFFICEWMEMBER EXCLUDED] ❑ NIA A STOP GAP E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE FA EMPLOYEE S 1 000,000 IMandalory in NH) If"s•describe under E.L. DISEASE - POLICY LIMIT 5 1,000F000 DESCRI PnON OF OPERATIONS below A PROFESSIONAL LIABILITY 1.1004042.19 D/27/2019 10/27/2020 EACH OCCURRENCE $2,000,000 DEDUCTIBLE: $5,000 TRO DATE 06-23-199B AGGREGATE $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if more space Is required) City of Santa Ana its officers, employees, agents and representatives are included as Additional Insured per attached Form WCLP0002CW(1014) with respect to operations of the Named Insured. Coverage is Primary/Non-Contributory per same form. Notice of Cancellation, Non -Renewal and Material Change on General Liability and Professional Liability applies per attached Endorsement WCLE6047cw(OS/13). All endorsements apply per required Written Contract. RE: NTN Testing Services City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Floor Santa Ana, CA 92702 13 2019 M. HOULE) ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE McIntosh/OGDON ­--, r 1 ne au tUrcu name ano logo are registered marks of ACORD Administ by Inc. HISGOX PRO 520 Madison Avenue 332nd Floor, New York, NY 10022 (E49)452-2353 Endorsement 11 APPLICANT NAME: Ergomelncs & Applied Personnel Research Inc In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the General Terms and Conditions are amended as follows: The following Is added to the end of Section V. Other provisions affecting coverage, subsection C. Cancellation: 7. event of a material change In coverage under this policy, or in the event this policy Is cancelled for any reason other than the non-payment of premium or at the request of the named Insured, or non -renewed, Underwrtiters will endeavor to mall written notice of cancellation, within 45 days to the Certificate Holder listed below: City of Santa Ana 20 Civic Center Plaza (Ml PO Box 1988 Santa Ana, CA 92702-1988 The failure to notify the parties listed above will not negate or otherwise delay the effectiveness of any change in coverage or the cancellation or non -renewal of this policy. WCL E6047 CW (05113) Iq(A�I Paee 1 or s �I 1 ryAew HISCOX PRC General Liability Coverage Part (Occurrence) I. What is covered A. Bodily Injury and property We will pay up to the coverage part limit for damages you become legally obligated to pay damage because of bodily injury or property damage to which this Coverage Part applies, provided: the bodily injury or property damage occurs during the policy period; 2. the bodily injury or property damage Is caused by an occurrence that takes place In the coverage territory; and 3, you have paid the applicable retention stated In the Dedaraflons. We will have the right and duty to defend any claim seeking such damages, as set out In Section II. Defense and supplementary payments. We may, at ourdiscreton, Investigate any occurrence and settle any claim that may result. B. Personal and advertising We will pay up to the Personal and Advertising Injury Limlt stated In the Declarations for damages Injury you become legally obligated to pay because of personal and advertising injury to which this Coverage Part applies, provided: 1. the personal and advertising Injury is caused by an offense arlsing out of your business operations; 2. the personal and advertising Injury Is caused by an offense committed in the coverage territory during the policy period; and 3. you have paid the applcable retention stated in the Declarations. We will have the right and duty to defend any claim seeking such damages, as set out in Section II. Defense and supplementary payments. We may, at our discretion, Investigate any offense and settle any claim that may result. C. Medical payments Regardless of fault, we will pay up to the Medical Payments limit stated in the Declaratons for medical expenses Incurred by each person for bodily injury caused by an accident to which this Coverage Part applies, provided; 1. the accident takes place within the coverage territory and on premises rented to or owned by you or in connecton with your business operations; 2. the accident occurs during the policy period; 3, the expenses are incurred and reported to us within one year of the date of the accident; and 4. the person who sustained such bodily injury submits to examination, at our expense, by physicians of our choice as often as we reasonably require. II. Defense and supplementary payments A. Claims against you With respect to any claim against you that we Investigate, defend, or settle, we will pay: 1. claim expenses we incur with counsel of our choice to defend you; 2. up to $2,500 for the 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 coverage described In Section I. What is covered, A. Bodily Injury and property damage, applies, but we will have no obligation to apply for or furnish any such bonds; 3. the cost of bonds to release attachments, but only for bond amounts within the applicable limit. We will have no obligation to apply for or furnish any such bonds; 4. reasonable expenses Incurred by you at our request to assist us in the investigation or defense of such claim, including actual loss of earnings up to $1,000 a day because of time off from work; includes copyrighted material of Insurance Services Oftces, Inc., with Its permission wCL P0002 CW (ief14) Page 1 of 19 'A0 HISC®X PROYGeneral Liability Coverage Part (Occurrence) 5. court costs taxed against you in the claim; however, costs do not Include attorney fees or expenses; 6. prejudgment Interest awarded against you on that partof anyjudgment we pay. if we make an offer to pay the applicable limit, we will not pay any prejudgment Interest based on the period of time after the offer; and 7. interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit B. Claims against your If we defend a claim against you, and your Indemnitee is also named as a party to the claim, we Indemnitee will also defend such Indemnitee If all of the following conditions are mot: 1. the claim against the Indemnitee seeks damages for which you have assumed the Indemnitee's liability in an Insured contract; 2. you have assumed the obligation to defend or pay for the defense of the Indemnitee In the same Insured contract 3. this Coverage Partwould apply to the liability you have assumed If the claim against the Indemnitee had been made against you; 4. the allegations in the claim and the information we know about the occurrence are such that no conflict of Interest appears to exist between your Interests and your Indemnitee's Interests; 5. you and your indemnitee request that we conduct and control the defense of such indemnitee and agree we can assign the same counsel to defend both you and your Indemnitee; and 6. your Idemnitee agrees in writing to: a. follow the requirements of Section Ill. Your obligations to us, B. Your duty to cooperate, of the General Terms and Conditions; b. notify any other Insurer whose coverage may be available to the Indemnitee and cooperate with us with respect to coordinating any other insurance applicable to the Indemnitee; and C. authorize us to conduct and control the defense of the indemnitee. Our obligation to make any payments under this Section II ends when we have used up the coverage part limit. No retention will apply to amounts we pay under this Section II, and such payments will be In addition to, and not part of, the coverage part limit. III. Who is an In addition to the named Insured, other persons ororganizations may qualify as Insureds, as Insured stated below. For purposes of this Section III only, you means the named Insured. A. Sole proprietorships If you are an individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner. However, If you die: 1. persons or organizations having proper temporary custody of your property are Insureds, but only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed; and 2, your legal representative Is an insured, but only with respect to his or her duties as your legal representatives. As such, they will assume your legal rights and duties under this Coverage Part B. Partnerships or joint If you are a duly organized partnership (Including a limited liability partnership) or a joint venture, ventures your members,partners, and their spouses are insureds, but only with respect to the conduct of your business. In I daso 11ghted material of Insurence ces Offices, With Its permission WCL PM CW (10/14) Page 2 of 19 ���1q Art, HISCOX PR(J" General Liability Coverage Part (Occurrence) C. Limited liability If you are a duly organized limited liability company, your members and their spouses are companies insureds, but only with respect to the conduct of your business. Your managers are also Insureds, but only vdth respect to their duties as your managers. D. Other organizations If you are an organization (including a professional corporation) other than a partnership, joint venture, or limited liability company, your directors and officers are Insureds, but only with respect to their duties as your directors or officers. Your stockholders and their spouses are also insureds, but only with respect to their liability as your stockholders. E. Trusts If you are a trust, your trustees are Insureds, but only with respect to their duties as your trustees. F. Employees Your employees are insureds, but only while In the course and scope of their employment by you or while performing duties related to the conduct of your business. G. Volunteer workers Your volunteer workers are Insureds, but only while in the course and scope of their activities related to the conduct of your business performed on your behalf or at your direction. H. Real estate managers Persons (other than your employees) or organizations acting as your real estate managers are insureds, but only with respect to their duties as your real estate managers. 1. Amateur athletic Any person representing you while participating in an amateur athletic activity you sponsor is an participants Insured. However, no such person Is an insured for: 1. bodily injury to: a, a co -participant, your employee, or your volunteer worker while also participating in the amateur athletic activity you sponsor, or b. you or any of your partners, members, or officers; or 2. property damage to property owned, occupied, or used by; rented to; or In the care, custody, or control of: a. a co -participant in the amateur athletic activity you sponsor, your employee, or your volunteer worker; or b. you or any of your partners, members, or officers. J. Newly acquired or formed If there Is no other similar Insurance available, any organization you acquire or form during the organizations policy period, and In which you have majority ownership or Interest at the time of an occurrence or offense covered by this Coverage Pad, will qualify as an Insured. This coverage Is effective on the dale of acquisition or formation and is afforded only until the 180th day after you acquire or form the organization, or the end of the policy period, whichever Is earlier. There Is no coverage for the acquired or formed organization for: 1. bodily Injury or property damage that occurred; or 2. personal or advertising Injury arising out of an offense that was committed, before you acquired or formed the organization. The acquired or formed organization is an insured only with respect to the conduct of your business. K. Additional Insureds If you have agreed in a written contract or agreement to add them as an additional Insured to a policy providing the type of coverage afforded by this Coverage Part, the following persons or organizations are insureds: 1. Any person or organization from whom you lease any premises, but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you. However, there is no coverage for such additional Insureds for any structural alterations, new construction, or demolition operations performed by or on behalf of the additional Insured. WCL P0002 OW (10114) Includ s pydghled material of Insurance SeM a Opices, Inc., with Its permission �Y(411 Pegs 3 of 19 fAM HISCOX P " General Liability Coverage Part (Occurrence) A person or organization's status as an additional Insured under this subsection 1 ends when you cease to be a tenant in the premises. 2. Any person or organization for whom you are performing operations, but only with respect to liability arising out of: a. your acts or omissions or of those acting on your behalf, and b. the performance of your ongoing operations for the additional insured. However, there is no coverage for such additional Insureds for. a. bodily Injury, property damage, or personal and advertising Injury arising out of the rendering of or 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, drawings, or specifications; or (2) supervisory, Inspection, architectural, or engineering activities; or b. bodily Injury or property damage occurring after: (1) all work, Including materials,parts, or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional Insured at the location of the covered operations has been completed; or (2) that portion of your work out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a prindpal as a part of the same project. A person or organization's status as an additional Insured under this subsection 2 ends when your operations for that additional Insured are completed. 3. Any person or organization who sells or distributes your products (referred to In this subsection as'vendor), but only with respect to bodily injury or property damage arising out of your products sold or distributed in the regular course of such vendor's business. However, there Is no coverage for such additional insureds for. a. bodily injury or property damage for which the vendor is legally obligated to pay damages because of liability assumed in a contract or agreement; however, this exclusion will not apply to liability the vendor would have in the absence of such contract or agreement; b. any express warranty unauthorized by you; C. any physical or chemical change in the product made intentionally by the vendor, d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and than repackaged In the original container; e. any failure to make inspectlons, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make In the usual course of business, In connection with the distribution or sale of the product; f. demonstration, Installation, servicing, or repair operations, except such operations performed at tlhe vendor's premises In connection with the sale of the product g, 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 by or for the vendor; h. 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 will not apply to: *In[copyrighted material of Insurance Offices, Inc, with its pennlssion WCL P0002 CW (10114) Page 4 or 19 IAO HISCOX PRIM" General Liability Coverage Part (Occurrence) (1) repackaging 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, (2) demonstration, Installation, servicing, or repair operations performed at the vendor's premises In connection with the sale of the product; or (3) Inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connectlon with the distribution or sale of the product. This insurance does not apply to any person or organization from whom you have acquired: a. products; b. any Ingredient or part of any product; or C. any container containing any products. 4. Any person or organization from whom you lease any equipment, but only with respect to liability arising out of your maintenance, operation, or use of such equipment A person or organization's status as an additional insured under this subsection 4 ends when the equipment lease expires, and this Insurance will not apply to any occurrence or offense which takes place after such expiration. 5. Any other person or organization not Included in 1 through 4 above, provided the contract or agreement a. Is currently In effect or becomes effective during the policy period; and b, was executed before the bodily injury or property damage occurred or the offense out of which the personal and advertising Injury arises was committed. Coverage Is available for additional Insureds solely for their liability arising out of your negligence or of those acting on your behalf and not for any liability arising out of the sole negligence of the additional insured. Notwithstanding anything to the contrary in the other Insurance provisions in the General Terms and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any additional Insured will be primary and non-contributory, and any other Insurance available to the additional insured for the same claim or occurrence will be specifically excess of the coverage part limit. Notwithstanding anything to the contrary in the subrogation provision In the General Terms and Conditions, we agree to waive any right of recovery we may have against any additional insured because of payments we make for Injury or damage arising out of. 1. the ownership, maintenance, or use of that part of any premises leased to you; 2. your ongoing operations; or 3. your work done under a contract with the additional Insured and included In the products. completed operations hazard. The limits of liability applicable to any additional Insured are either the amounts specified in the contract or agreement requiring them to be added as an addltional Insured, or the limits Identified In the Declarations, whichever is less, and such amounts will be a part of, and not in addltion to, the coverage part limit, IV. Limits of liability The limits stated In the Declarations and the rules belowwtll be the most we will pay regardless of the number of: 1. Insureds; 2, claims made or brought; or 3, persons or organizations making or bringing claims. nclu s copyrighted material of Insurance Se Offices, Inc., with its permission WCL P0002 CW (10114) Page 5 of 19 40 HISCOX PI M General Liability Coverage Part (Occurrence) A. Per location limit The Per Location Limit Identified In the Declarations is the most we will pay for all damages because of bodily injury and property damage occurring at each separate location where you perform business operations arising out of any one occurrence. This limit will apply only If an endorsement listing your separate locations is added to He Coverage Part. B. Products -completed The Products -Completed Operations Umh Identified In the Declarations Is the most we wdll pay for operations limit all damages because of bodily Injury and property damage included In the products• completed operations hazard arising out of any one occurrence. C. Personal and advertising The Personal and Advertising Injury Limit identified in the Declarations is the mostwe unit pay for Injury Omit all damages because of personal and advertising Injury arising out of any one claim. D. Damage to premises limit The Damage to Premises limit identified In the Declarations is the mostwe will pay for all damages because of property damage to any one premises while rented to you or temporarily occupied by you With permission of the owner. E. Elevator liability subllmit An Elevator Liability Subllmit of $25,000 is the most we will pay for all damages because of property damage resulting from the use of an elevator at premises you own, rent, or occupy and arising out of any one occurrence. F. Medical payments limit The Medical Payments limit Identified in the Declarations is the mostwe will pay for the sum of medical expenses for bodily injury sustained by any one person covered under Section I. What is covered, C. Medical payments. No retention will apply to amounts we pay under section I. What is covered, C. Medical payments, and such amounts will be in addition to, and not part of, the coverage part limit. All other Omits described In this Section IV will be in excess of the retention and will be a part of, and not In addition to, the coverage part limit. V. Other provisions affecting coverage A. Notifying us of claims, 1. You must given written notice to us of any claim made or brought against you as soon as occurrences, or offenses possible, Including the specifics of the claim and the date received. 2. You must give written notice to us of any occurrence or offense which may result in a claim as soon as possible. To the greatest extent possible, the notice must Include: a. how, when, and where the occurrence or offense took place; b. the names and addresses of any Injured persons and witnesses; and G. the nature and location of any Injury ordamage arising out of the occurrence or offense. All such notifications must be in writing and Include a copy of any claim, and must be submitted to Lis via the designated small address or mailing address IdenI fled in Item 6 of the Declarations. B. Retention Our obligation to pay any damages under this Coverage Part Is In excess of the retention, which you must pay in connection with each covered occurrence or offense. The retention does not apply to claim expenses or any other payments we make under Section 11. Defense and supplementary payments. C. Legal action against us No person or organization has a right under this Coverage Part: 1. to join us as a party or otherwise bring us into a claim seeking damages from you; or 2. to sue us on this Coverage Part unless all of Its terms and conditions have been fully compiled with. Incl as cc 'ghted material of Insurance Se oes O s, Inc., With its permission wCL P0002 CW (1W14) Page 6 of 19 40 HISCOX PW General Liability Coverage Part (Occurrence) A person or organization may sue us to recover on an agreed settlement or final Judgment against you, but we will not be liable for damages that are not covered under this Coverage Part or that are In excess of the applicable limits, An agreed settlement means a settlement and release of liability signed by us, you, and the claimant or claimants legal representative. D. Other insurance For purposes of this Coverage Part, the Other Insurance provision In Section V. Other provisions affecting coverage, of the General Terms and Conditions is replaced by the following: If other valid and collectible Insurance is available to you for a claim we would otherwise cover under this Coverage Part, our obligations are limited as follows: 1. Pdmary insurance -This Coverage Part Is primary except when the Excess insurance provision below applies. If this Coverage Part is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with any other Insurance by the method described in the Method of sharing provision below. 2. Excess Insurance - This Coverage Part Is excess over any other Insurance, whether primary, excess, contingent, or on any other basis: a. that provides fire, extended coverage, builder's risk, Installation risk, or similar coverage for your work; b. that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner; c. if the loss arises out of aircraft, autos, or watercraft (to the extent not subject to Exclusion A.1. Alrcraft, autos, or watercraft); d. that Is Insurance available to you because you have been added as an additional insured. When this Coverage Part Is excess, we have no duty to defend you against any claim if any other Insurer has a duty to defend you against such claim. If no other insurer defends, we will undertake to do so, but we will be entfied to your rights against those other Insurers. When this Coverage Part is excess over other Insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of: a. the total amount that all other insurance would pay for loss in the absence of this Coverage Part; and b. the total of all deductible and self -Insured amounts under all other Insurance and this Coverage Part. We will share the remaining loss, if any, with any other Insurance that is not described in this Excess insurance provision and was not purchased or agreed specifically to apply in excess of this Coverage Part. 3. Method of shadnc If all of the other Insurance permits contribution by equal shares, we will contribute by equal shares. Under this method, each Insurer contributes equal amounts until it has paid Its applicable limits or none of the loss remains, whichever occurs first If any other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each Insurers share Is based on the ratio of Its applicable limits to the total applicable limits of all Insurers. E. Separation of Insureds Except with respect to the limits and any rights or duties specifically assigned to the named insured, this Coverage Part applies separately to each insured against whom a claim is made or brought. VI. Exclusions — What is not covered Includes apyrigh material oT Insurance SeMce Offices, n ., with Its permission WCL P0002 CW (10114) Page 7 of 19 40 HISCOX PW Genera! Liability Coverage Part (Occurrence) A. Bodilylnjuryand property damage We will have no obligation to pay any sums under this Coverage Part, including any damages or exclusions claim expenses, for any claim for. Aircraft, autos, or 1, bodily injury or property damage arising outof the ownership, maintenance, use, or watercraft entrustment to others of any aircraft, auto, or watercraft owned or operated by or rented or loaned to you. Use Includes operation and loading and unloading. This exclusion will apply even if the claim against you alleges negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by you, If the occurrence causing the bodily Injury or property damage Involved the ownership, maintenance, use, or entrustmentto others of any aircraft, auto, orwatemraft owned or operated by or rented or loaned to you. However, this exclusion will not apply to: a. watercraft while ashore on premises owned by or rented to you; b. watercraft you do not own, provided it is: (1) less than 75 feet long; and (2) not being used to transport persons or property for a charge; c. the parking of an auto on, or on the ways next to, premises owned by or rented to you, provided the auto Is not owned by or rented or loaned to you; d. liability assumed in an insured contractfor the ownership, maintenance, or use of an aircraft or watercraft by others; e. bodily Injury or property damage arising out of: (1) 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 financial responsibility law or other motor vehicle Insurance law in the state where it is licensed or pdndpally garaged; or (2) operation of the equipment described in S.b or 6.c of the definition of mobile equipment; or f. aircraft you do not own. However, this Coverage Part will be excess over any other Insurance that applies to such aircraft, whether primary, excess, contingent, or on any other basis, and the rules stated in Section V. Other provisions affecting coverage, D. Other Insurance, 2. Excess Insurance will apply. Damage to Impaired 2. property damage to impaired property or property that has not been physically injured property or property not arising out of: physically Injured a. a defect, deficiency, Inadequacy, or dangerous condition In your product or your work; or b. a delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with Its terms and conditions. However, this exclusion will not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after It has been put to its intended use. Damage to property 3. property damage to: a. property you own, rent, or occupy, Including any costs or expenses Incurred by you or any other person or organization for repair, replacement, enhancement, restoration, or maintenance of such property for any reason, Including prevention of Injury to a person or damage to anothees properly; b. premises you sell, give away, or abandon, If the property damage arises out of any part of those premises; c, property loaned to you; d. personal property in your care, custody, or control; Includes copyri ed material of Insurance Servic Oiltce ,Inc., with Its pemnission WCL P0002 CW (10114) Page 5 of 19 140 HISCOX PRaw General Liability Coverage Part (Occurrence) e. 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 f. that particular part of any property that must be restored, repaired, or replaced because your work was Incorrectly performed on It. Subsections a, c, and d of this exclusion will not apply to property damage (other than damage by fire) to premises (including the contents of the premises) rented to you for seven or fewer consecutive days. However, any payments we make for property damage to such property will be subject to the Damage to Premises Limit. Subsection b of this exclusion will not apply ifthe premises are your work and were never occupied, rented, or held for rental by you. Subsections c, d, e, and f of this exclusion will not apply to liability assumed under a sidetrack agreement Subsection f of this exclusion will not apply to property damage Included in the products - completed operations hazard. Subsections c, d, and f of this exclusion will not apply to property damage arising out of the use of an elevator at premises you own, rent, or occupy. However, any payments we make for such property damage will be subject to the Elevator Liability Sublimit Subsection d of this exclusion will not apply to property damage to equipment you borrow while at a job site, but only If It is not being used by anyone to perform operations at the time of such property damage. Damage to your product 4. property damage to your product arising out of it or any part of it; however, this exclusion will not apply to property damage arising out of the use of an elevator at premises you own, rent, or occupy, but any payments we make for such property damage will be subject to the Elevator Liability Sublimit. Damage to your work 5. property damage to your work arising out of It or any part of it and Included In the products completed operations hazard; however, this excluslon will not apply if the damaged work or the work out or which the damage arises was performed on your behalf by a subcontractor. Expected or intended 6. bodily injury or property damage expected or Intended from the standpoint of any Injury insured; however, this exclusion will not apply to bodily Injury or property damage resulting from the use of reasonable force to protect persons or property. Injury to employee 7. a. bodily Injury to your employee arising out of and In the course and scope of employment by you or while performing duties related to the conduct of your business; or b. bodily Injury to the spouse, child, parent, brother, or sister of such employee as a consequence of any bodily Injury described In paragraph 7.a above. This exclusion will apply: a. whether you may be liable as an employer or In any other capacity; and b. to any obligation to share damages with or repay someone else who must pay damages because of any Injury described In paragraphs To and 7.b above. However, this exclusion will not apply to: a. liability for damages you assume In an Insured contract; or b. bodily Injury arising outof and In the course and scope of domestic employment by you, unless benefits for such Injury are In whole or In part either payable or required to be provided under any workers' compensation law. Liquor liability 8. bodily injury or property damage for which you may be held liable by reason of: a. causing or contributing to the intoxication of any person; Includ cap g ed materialoflnsurance Servi s a, with Its permission WCL P0002 Cw (10/14) � � Pegs8of lg 40 HISCOX PR®e General Liability Coverage Part (Occurrence) b. furnishing alcoholic beverages to a person under the legal drinking age or under the Influence of alcohol; or c. any statute, ordinance, or regulation relating to the sale, gifting, distribution, or use of alcoholic beverages. However, this exclusion will apply only if you are In the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages. Mobile equipment 9. bodily injury or property damage arising out of a. the transportation of mobile equipment by an auto owned or operated by or loaned or rented to you; or b. the use of mobile equipment In, while In practice for, or while being prepared for, any prearranged racing, speed, demolition, or shorting activity. Prior knowledge 10. bodily injury or property damage which: a. you; b. any insured listed In A through E of Section III. Who is an Insured; or c. any employee authorized by you to give or receive notice of an occurrence or claim, knew had occurred prior to the policy period. Any continuation, change, or resumption of any such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage will be deemed to be known If you, any insured listed in A through E of Section III. Who is an Insured, or any employee authorized by you to give or receive notice of an occurrence or claim: a. reports all or any part of the bodily injury or property damage to us or any other Insurer; It. receives a clalm because of the bodily injury or property damage; or G. becomes aware by any other means that the bodily Injury or property damage has occurred or has begun to occur. Exclusions 1, 2, 3, 4, 5, 8, and 9 of this Section A do not apply to damage by Are to premises while rented to you or temporarily occupied by you with the owner's permission. However, any payments we make for property damage to such premises will be subject to the Damage to Premises UmiL B. Personal and advertising injury We will have no obligation to pay any sums under this Coverage Part, Including any damages or exclusions claim expenses, for any claim for personal and advertising injury: Breach of contract 1. based upon or arlsing out of any breach of contract, except an Implied contract to use anther's advertising Idea In your advertisement Failure to conform to 2. based upon or arlsing out of the failure of goods, products, or services to conform with any statements statement of quality or performance made In your advertisement. Insureds In media and 3. committed by any Insured whose business is: Internet type businesses a. advergsl broadcasti ng, g, publishing, or telecasting; b. designing ordetermining content of websites for others; or c. an Internet search, access, content, or service provider. However, this exclusion will not apply to personal and advertising injury caused by: a. false arrest, detention, or Impdsonment; b. malicious prosecution; or Includes yrighta m teriat of Insurance Services Its permission WCL P0002 CW (10114) 'A Page 10 of 19 40 H ISCOX PW General Liability Coverage Part (Occurrence) c. the wrongful eviction from, wrongful entry Into, or Invasion of the right of private occupancy ofa room, dwelling, or premises that a person occupies, committed by or on behalf of Its owner, landlord, or lessor. For purposes of this exclusion, the placing of frames, borders or links, oradvertising, for you or others anywhere on the Internet Is not, by Itself, considered the business of advertising, broadcasting, publishing, or telecasting, Knowing violation of 4. caused by you or at your direction with knowledge the act would violate the rights of rights of another another and would Inflict personal and advertising injury. Material published prior 5. based upon or arising out of oral or written publication of material whose first publication to policy period took place prior to the policy period. Material published with 5. based upon or arising out of oral or written publication of material by you or at your direction knowledge of falsity with knowledge of its falsity. Unauthorized use of 7. based upon or arising out of any actual or alleged unauthorized use of another's name or another's name or product In your email address, domain name, metatag, or any similar tactics to mislead product mother's potential customers. Wrong description of 8. based upon or arising out of any actual or alleged wrong description of the price of goods, prices products, or services stated In your advertisement. C. Medical payments We will have no obligation to pay any sums under Section I. What Is covered, C. Medical exclusions payments for medical expenses for bodily injury: Athletic activities 1. to any person Injured while practicing, Instructing, or participating in any physical exercises or games, sports, or athletic contests; however, this exclusion wit not apply to a person who Is not an Insured Injured while participating In an amateur athletic activity you sponsor. Injury on normally 2. to any person Injured on that part of any premises you own or rent that the person normally occupied premises occupies. Injury to you 3. to you or any person hired to work for or on behalf of you or your tenant; however, this exclusion will not apply to a volunteer worker. Products -completed 4. Included in the products- completed operations hazard. operations hazard Workers' compensation 5. be any person, whether or notyour employee, If benefits for such bodily Injury are payable or similar laws or must be provided under any workers' compensation, disability benefits, or any similar law. D. Exclusions applicable We will have no obligation to pay any sums under this Coverage Part for medical expenses, or to the entire general for any claim, including any damages or claim expenses, for bodily injury, property damage, liability coverage part or personal and advertising Injury: Asbestos 1. based upon or arising out of the actual or alleged mining, processing, manufacturing, use, testing, ownership, sale, or removal of asbestos, asbestos fibers, or material containing asbestos; exposure to asbestos, asbestos fibers, or materials containing asbestos; or the provision of Instructions, recommendations, notices, warnings, supervision, or advice given, or which should have been given, in connectlons with asbestos, asbestos fibers, or structures or materials containing asbestos. Biological agents 2. based upon or arising out of a. the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of biological agents; or b. any: Includes copyri hied in dal of Insurance Services Offi , Inc. Its pen i$$$slon WCL P0002 CW (101U) Page 11 of 19 40 HISCOX PRCJ" General Liability Coverage Part (Occurrence) (1) request, demand, or order that you or others last For, monitor, clean up, remove, contain, treat, detoxlfy, or neutralize, or In anyway respond to or assess the effect of any biological agents; or (2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of any biological agents. Communicable disease 3. based upon or arising out of the actual or alleged transmission of a communicable disease. This exclusion will apply even If the claim against you alleges negligence or other wrongdoing In the: a. supervising, hiring, employing, training, or monitoring of others that may be Infected with and spread a communicable disease; to testing for a communicable disease; a. failure to prevent the spread of the disease; or d. failure to report the disease to authorities. Contractual liability 4. for which you are legally obligated to pay as damages because of liability assumed In a contract or agreement. However, this exclusion will not apply to liability for damages: a. you would have In the absence of such contract oragreement; or b. assumed in an insured contract, provided the bodily Injury, property damage, or personal and advertising injury occurs after such contract or agreement has been fully executed. Crime or fraud 5. based upon or arising out of any actual or alleged criminal or fraudulent conduct committed by you, at your direction, or with your consent or knowledge. Electronic chatrooms, 6. based upon or arising out of an electronic chatroom, bulletin board, or website you host, bulletin boards, or own, or over which you exercise control. websltes Electronic data 7. based upon or arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or Inability to manipulate electronic data. Employment related 8. based upon or arising out of any actual or alleged: liability a. obligation under any workers' compensation, unemployment compensation, employers' liability, fair labor standards, labor relations, wage and hour, or disability benefit law, including any similar provisions of any federal, state, or local statutory or common law; b. liability or breach of any duty or obligation owed by you as an employer or prospective employer, or U. harassment, wrongful termination, retaliation, or discrimination, including but not limited to adverse or disparate Impact, Including any resulting damages sustained at any time by the brother, child, parent, sister, or spouse of such person as a consequence of the above. This exclusion will apply; a. whether you may be liable as an employer or In any other capacity; and b. to any obligation to share damages with or repay someone else who must pay damages because of any of the above. Fair credit g. based upon or arising out of any actual or alleged violation of the Fair Credit Reporting Act and/or Fair and Accurate Credit Transactions Act, both as may be amended, or any similar federal, state, or local statutes, rules, or regulations In or outside the U.S. Includes copyrights mal¢ri�I of Insurance Services Offices,l al s permission WCL P0002CW(10114) (' 4—{—q 7 Page 12 ofig 49 HISCOX PRO- General Liability Coverage Part (Occurrence) Intellectual property 10. based upon or arising out of any actual or alleged infringement, use, or disclosure of any Intellectual property, Including but not limited to copyright, trademark, trade dress, paten% service mark, service name, title, or slogan, or any publicity rights violations, cyber squatting violations, moral rights violations, any act of passing -off, or any misappropriation of trade secret. However, this exclusion will not apply to: a. the use of another's advertising idea In your advertisement; or b. infringement of copyright, trade dress, or slogan In your advertisement. Lead 11. based upon or adsing out of: a, the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of lead; b. any: (1) request, demand, or order that you of others test for, monitor, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effect of lead; or (2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing. or in any way responding to or assessing the effects of lead. Pollution 12. based upon or arising out of: a, the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants: (1) at or from any premises, site, or location which is or was at any time owned or occupied by or rented or loaned to you; however, this subsection will not apply to: (a) bodily injury if sustained within a building and caused by smoke, fumes, vapor, or soot originating from equipment that is used to heat, cool, or dehumidify the building, or equipment that is used to heat water for personal use by the building's occupants; (b) bodily injury or property damage for which you may be held liable, If you are a contractor and the owner or lessee of such premises, site, or location has been added to your policy as an additional Insured with respect to your ongoing operations performed for that additional Insured at the premises, site, or location, and such premises, site, or location Is not and never was owned or occupied by or rented or loaned to any Insured other than that additional Insured; or (c) bodily injury or property damage arising out of heat, smoke, or fumes from a hostile fire; (2) at or from any premises, site, or location which Is or was at any time used by you or any other person or organization for the handling, storage, disposal, processing, or treatment of waste; (3) which are or were at any time transported, handled, stored, disposed of, processed, or treated as waste by or for you or for any person or organization for whom you are legally liable; (4) at or from any premises, site, or location on which you or any contractor or subcontractor working directly or Indirectly on your behalf is performing operations, If the pollutants are brought onto the premises, site, or location in connection with such operations by you or your contractor or subcontractor. However, this subsection will not apply to: (a) bodily injury or property damage arising out of the escape of fuels, lubricants, or other operating fluids necessary to perform the normal Includes copyrighted lariat insurance Services Offices, Inc., dr Its rmission n WCL Po002 CW (10(14) / II Page 13 of 19 4*0 HISGOX PRCf General Liability Coverage Part (Occurrence) electrical, hydraulic, or mechanical functions necessary for the operation of mobile equipment or Its parts, It such fuels, lubricants, or other operating fluids escape from a vehicle part designed to hold, store, or receive them. This exception will not apply if the bodily Injury or property damage arises out of the Intentional discharge, dispersal, or release of the fuels, lubricants, or other operating fluids or if such fuels, lubricants, or operating fluids are brought onto the premises, site, or location with the Intent that they be discharged, dispersed, or released as part of the operations being performed by you or your contractor or subcontractor; (b) bodily Injury or property damage sustained Within a building and caused by the release of gases, fumes, or vapors from materials brought Into that building in connection with operations being performed by you or your contractor or subcontractor; or (c) bodily Injury or property damage arising out of heal, smoke, or fumes from a hostile fire; or (5) at or from any premises, site, or location on which you or any contractors or subcontractors working directly or indirectly your behalf are performing operations, it the operations are to test for, monitor, clean up, remove, contain, treat, detmdfy, or neutralize, or in any way respond to or assess the effects of pollutants; or b. any: (1) request, demand, or order that you or others test for, monitor, dean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of pollutants; or (2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoWying, or neutralizing, or in any way responding to or assessing the effects of pollutants. However, this subsection will not apply to liability for damages because of property damage you would have in the absence of such request, demand, order, claim, or other proceeding by oron behalf of a governmental authority. Privacy 13. based upon or arising out of any actual or alleged: a. unauthorized acquisition, access, use, or disclosure of, improper collectlon or retention of, or failure to protect any non-public personally ident1flable Information or confidential corporate Information that is in your care, custody, or control; or b. violation of any privacy law or consumer data protection law protecting against the use, collection, or disclosure of any information about a person or any confidential corporate information. Professional services 14. based upon or arising out of your actual oralleged performance of or failure to perform professional services. Recall of products, work, 15. based upon or arising out of the loss of use, withdrawal, recall, Inspection, repair, or Impaired property replacement, adjustment, removal, or disposal of a. your product; b. your work; or a impaired property; If such product, work, or property is withdrawn or recalled from the market or from use by any person ororganization because of a known or suspected defect, doflclency, Inadequacy, or dangerous condition in IL Silica 16. based upon or arising out of any actual, alleged, or threatened w posuro to, Inhalation of, or contact with silicon dioxide, silica products, silica fibers, silica dust any silica byproducts, or silica, whether alone or in combination with any substance, product, or material. Includes copyrigh d mateil of Insurance ServicesOffices. o., wllh It permission wCL P9002 CW (1oM4) I Page 14 of 19 1 'npo HISCOX PR(yo General Liability Coverage Part(Occurrence) Unsolicited telemarketing 17. based upon or arlsing out of any actual or alleged violation of any federal, state, or local statutes, ordinances, or regulations relating to unsolicited telemarketing, solickattons, emails, faxes, text messages, or any other communications of any type or nature, including but riot limited to the Telephone Consumer Protection Act, CAN-SPAM Act, or any "anti- spam" or "do -Trot -call" statutes, ordinances, or regulations, Exclusions S. 12, and 15 of this Section D do not apply to damage by fire to premises while rented to you or temporarily occupied by you with the owner's permission. However, any payments we make for property damage to such premises will be subject to the Damage to Premises Limit. Vll. Definitions The following definitions apply to this Coverage Part. Additional definitions are contained in the General Terms and Conditions, Section M. Definitions applicable to all Coverage Parts. Accident means a sudden and unintended event that causes bodily injury to a third party. This definition applies only to coverage provided under Section I. What is covered, C. Medical payments. Advertisement means a notice about your goods, products, or services that is published or broadcast to the general public or a specific marketsegment for the purpose of attracting customers or supporters. For purposes of this definition: 1. notices that are published include material placed on the Internet or on otherslmllar electronic means of communication; and 2. with regard to Websites, only that part of the website that is about your goods, products, or services for the purposes of attracting customers or supporters Is considered an advertisement. Auto means: 1. a land motor vehide, trailer, or semitrailer designed for travel on public roads, including any attached machinery or equipment, or 2. any other land vehide subject to a financial responsibility law or other motor vehicle Insurance law In the state where it is licensed or principally garaged. However, auto does not Include mobile equipment. Biological agents means any: 1. a. bacteria; b. mildew, mold, or fungi; C. other microorganisms; or d. mycotoxins,spores, or other byproducts of any of the foregoing; 2. viruses or other pathogens (whether or not a microorganism); or 3. colony or group of any of the foregoing. Bodily injury means physical injury, sickness, or disease sustained by a person, including resulting death, humiliation, mental injury, mental anguish, emotional distress, suffering, or shock, at any time. All such resulting injury will be deemed to occur at the time of the physical injury, sickness, or disease that caused It. Claim means any: 1. written assertion of liability; 2. written demand for damages; or 3. cMl proceeding seeking damages, for bodily injury, property damage, or personal and advertising Injury to which this Coverage Part applies. This Includes an arbitration proceeding or any other alternative dispute resolution proceeding in which such damages are sought and to which you submit with our consent Includes copydghled mate of In rice Services Offices, Inc., wi Its per is ion WCL P0002 CW (10114) Peg. 15 of 19 CIO HISCOX PW General Liability Coverage Part (Occurrence) Claim expenses means all reasonable and necessary fees, costs, and expenses (including the fees of attorneys and experts) incurred In the Investigation, defense, or appeal of a claim. Coverage territory means anywhere in the world, but this Coverage Partwill apply only to a claim brought in the United States, Its territories or possessions, or Canada. Damages means any monetary amount you are ordered to pay by a mud, or by an arbitrator in an arbitration to which we have consented. However, damages does not include any civil, regulatory, or cdminal fines, restitution, disgorgement, sanctions, taxes, or penalties, Including those Imposed by any federal, state, or local governmental authority, or any multiple, punitive, or exemplary damages. Damages because of bodily Injury Includes care, loss, or services, or death resulting at any time from the bodily Injury. Employee means any person employed by you, including any leased worker, but does not Include a temporary worker. Hostile fire means a fire that becomes uncontrollable or breaks out from where Itwas Intended to be. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: 1. it Incorporates your product or your work that Is known or thought to be defective, deficient, Inadequate, or dangerous; or 2. you have failed to fulfill the terms or conditions of a contract or agreement; If such property can be restored to use by: 1. the repair, replacement, adjustment, or removal of your product or your work; or 2. your fulfilling the terms or conditions of the contract or agreement. Insured contract means: 1. a contract for the lease of premises, but not any portion of the lease that Indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner; 2. a sidetrack agreement; - 3. an easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. an obligation, as required by ordinance, to Indemnify a municipality, except In connection with work for a municipality; 5, an elevator maintenance agreement; or 6. any other contract or agreement pertalning to your business (including an indemnitcatlon of a munidpallty In connection with work performed for such municipality) in whlch you assume the tort liability of another to pay damages sustained by a third party to which this Coverage Part would apply. Tort liability means liability that would be imposed by law ih the absence of any contract or agreement. However, an Insured contract does not include that part of any contract or agreement: 1. that Indemnifies a railroad for bodily Injury or property damage arising out of construction or demolition operations on or within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing; 2. that Indemnifies an architect, engineer, or surveyor for damages arising out of: a. preparing, approving, or falling to prepare or approve maps, drawings, opinions, reports, surveys, field orders, change orders, designs, or speclflcations; or b. giving or failure to give directions or Instructions, if that is the primary cause of the Injury or damage; or Includes copyrighted material of I urance Services Oftloss, Inn, with Its pe Iss' see %%% g WCL Peee2 CW(ter14) 4Page 16 of 19 40 HISCOX Ra General Liability Coverage Pali (Occurrence) 3. under which an insured who Is an architect, engineer, or surveyor assumes the liability for Injury or damage arising out of the Insured's rendering of or failure to render professional services of any kind. Lead means the element lead In any form, Including Its use or presence in any alloy, compound, byproduct, or other material waste. Waste Includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed. Leased worker means any person leased to you by a labor leasing firm to perform duties related to the conduct of your business. However, leased worker does not include a temporary worker. Loading or unloading means the handling of properly: 1. after It is moved from the place where It Is accepted for movement Into or onto an aircraft, auto, or watercraft 2, while it Is In or on an aircraft, auto, or watercraft; or 3, while it is being moved from an aircraft, auto, or watercraft to the place where It Is finally delivered. Loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not allached to the aircraft, auto, or watercraft. Medical expenses means reasonable expenses for necessary: 1. first aid administered at the time of an accident 2, medical, surgical, x-ray, and dental services, including prosthefic devices; and 3. ambulance, hospital, professional nursing, and funeral services. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment 1. bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads; 2. vehicles maintained for use solely on or next to premises owned by or femed to you; 3. vehicles that travel on crawler treads; 4. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a, power cranes, shovels, loaders, diggers, or drills; or wcL P0002 CW (10114) b. road construction or resurfacing equipment such as graders, scrapers, or rollers; 5. vehicles not described In 1, 2, 3, or 4 above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. air compressors, pumps, and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting, and well -servicing equipment; or b, cherry pickers and similar devices used to raise or lower workers; and 6. vehicles not described In 1, 2, 3, or 4 above maintained primarily for purposes other than the transportation of persons or cargo, However, mobile equipment does not include self- propelled vehicles with the following types of permanently attached equipment a. equipment designed primarily for: (1) snowremoval; (2) road maintenance, but not construction or resurfacing; or (3) street cleaning or cleaning; b. chary pickers and similar devices mounted on automobile or truck chassis and used to false or lower workers; or Includes copyrighted material i services Offices, Inc„ with its I qM Page 17 of is 40 HISCOX PRV General Liability Coverage Part (Occurrence) c. air compressors, pumps, and generators, Including spraying, welding, building leaning, geophysical exploration, lighting, and well -servicing equipment. Instead, vehicles described in a, b, or c above will be considered autos. Occurrence means an accident arising out of your business operations, Including continuous or repeated exposure to substantially the same general harmful conditions. Officer means a person holding any of the officer positions created by an organization's charter, constitution, by-laws, or any other similar governing documents. Personal and advertising means Injury, including consequential bodily injury, arising out of one or more of the following Injury offenses: 1. false arrest, detention, or Imprisonment 2. malicious prosecution; 3. the wrongful eviction from, wrorgful entry Into, or Invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of Its owner, landlord, or lessor; 4. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organizabon's goods, products, or services; 5 oral or written publication, in any manner, of material that violates a person's right to privacy; 6. the use of another's advertising idea in your advertisement; or 7. Infringement of copyright, trademark, trade dress, or slogan In your advertisement. Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, dust, nanopartides, fibers, soot, ash, fumes, adds, alkalis, chemicals, and waste. Waste includes, but Is riot limited to, materials to be recycled, reconditioned, or reclaimed. Products completed 1, includes all bodily injury and property damage taking place away from premises owned, operations hazard occupied by, loaned, or rented to you and arising out of your product or your work, except a. products that are still in your physical possession; or b, work that has not yet been completed or abandoned. However, your work wlll be deemed completed at the earliest of the following times: (1) when all of the work called forin your contract or agreement has been . completed; (2) when all of the work to be performed at the site has been completed, If your contract or agreement calls for work at more than one site; or (3) when that part of the work completed at a site has been put to Its Intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair, or replacement, but which is otherwise complete, will be treated as completed; and 2. does not Include bodily injury or property damage arising out of. a. the transportation of property, unless the Injury or damage results from a condition In or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by you; or b. the existence of tools, unlnstalled equipment, or abandoned or unused materials. Professional services means professional services customarily provided by an architect, engineer, surveyor, physician, surgeon, dentist, or other healthcare provider, accountant, Insurance agent/broker, investment advisor, securities brokeddealer, or attorney, or any other services Identified as Covered Professional Services in the Declaration. Includes copyrighted material of In u Services Offices, Inc., with Ida Pe Is '� WCL Pa002 CW fta14J ��� Page 48ol 19 40 H ISCOX MY General Liability Coverage Part (Occurrence) Property damage means: 1. physical Injury to tangible property, Including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical Injury that caused It; or 2. loss of use of tangible property that Is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused It. Tangible property does not Include any software, data, or other Information in electronic form. Retention means the amount stated as such under the General Liability Coverage Part section of the Declarations. Temporaryworker means a person who Is furnished to you to substitute fora permanent employee on leave or to meat seasonal or short-term workload conditions. Temporary worker does not include leased worker. Volunteer worker means a person who is not your employee, and who donates his or her work and acts at your direction and within the scope of 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. You, your, or Insured means the named Insured and any other person or organization expressly described as an Insured in Section III. Who is an Insured. Your product 1. means any: a. goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by: (1) you; (2) others trading under your name; or (3) a person cr organization whose assets or business you have acquired; and b. containers (other than vehicles), materials, parts, or equipment furnished In connection Willi such goads or products; 2. includes: a. representations or warranties made at any fine with respect to the durability, fitness, performance, quality, or use of your product; and b. the providing of or failure to provide Instructions or warnings; and 3. does not Include vending machines or other property loaned or rented to or located for the use of others but not sold. Yourwork 1. means: a. work or operations performed by you or on your behalf, and b. materials, parts, or equipment furnished in connection with such work oropemtions; and 2. includes: a. representations or warranties made at any time with respect to the durability, fitness, performance, quality, or use of your work; and b, the providing of or failure to provide instructions or warnings. WCL PD002 CW (t0M4) Includes copyrighted material of Services Offices, Inc., with its p pogo 19 of Is