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HomeMy WebLinkAboutINTERWEST CONSULTING GROUP (3)City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes El Now Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with INTERWEST CONSULTING GROUP COTC Office Use OnN QE THE COUNCIL 13'22 AM8:46 No. A-2019-199-10 was completed on V M tfand final payment has been made. (List all amendments. Use space below if needed.) X-Vcncio ' GeV M-Fs not Department: Planning and Building u Sed - 110 Payme)'1t S x2717 Phone/Ext.: .W(dc to vendor �J 'Ie�,,.wo Signature: `J V` '"^ — Date: 07/12/2022 0agreementsUonnsNorm - agreement termination formyaldemod.doc INSURANCE ON FILE A-2019-199-10 WORK MAY PROCEED UNTIL INSURANCE EXPIRES to 101 /1010 CLERK OF COUNCIL DATE AGREEMENT TO PROVIDE ON-CALL g PL51tti �«t�uZ�QJ BUILDING SAFETY CONSULTANT SERVICES ) THIS AGREEMENT is made and entered into this 5th day of November, 2019 by and between Interwest Consulting Group ("Consultant"), and the City of Santa Ana, a charter city and municipal N corporation organized and existing under the Constitution and laws of the State of California cv ("City"). c� m RECITALS A. On September 3, 2019, the City issued Request for Qualification No. 19-085, by which it sought Consultants to provide on -call building safety consultant services for the Planning and Building Agency of the City of Santa Ana. B. The scope of work may include any and all work efforts related to City projects to provide Plan Check and Building Inspection services and customer assistance for the City of Santa Ana. The intent is to minimize response time and improve customer services by supplementing in-house staff with consulting services on an as -needed basis. C. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 19-085 and attached hereto as Exhibit A. D. Consultant has been selected as one of the fourteen (14) vendors which qualified for this engagement. Only those consultants approved by the City Council on November 5, 2019, shall be eligible to be engaged by the City for these services. E. 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 contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. Upon final execution of this Agreement, when the need for services arise, City shall initiate services through use of a Letter Agreement for a specific project, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant Page I of 10 #12067v2 agreement followed by letter agreement for a specific project. b. Schedule for Performance. Consultant shall perform the services identified in a scope of work to be attached to a letter agreement, as detailed above, required to commence a specific project. Said project(s) shall be completed as expeditiously as is consistent with generally accepted standards of professional skill and care, and the orderly progress of work. Details of the project timelines shall be provided in a completion schedule as part of the scope of work to a letter agreement. Consultant and City agree that the completion schedule represents the best estimate of the schedule. Consultant shall comply with completion dates noted unless a written waiver is granted by the City's project manager, or by means of an amended letter agreement. In the event that Consultant fails to complete a work product in accordance with the completion date noted in its letter agreement, Consultant agrees to pay the City liquidated damages in an amount to be determined as reasonable by the City, reflecting the overall scope of the project, on a per day basis for each work product that is delayed when such delay is caused by Consultant. Consultant and City acknowledge that the actual value of delay is extremely difficult to determine and any liquidated damages amount specified in the letter agreement represents the best estimate of the daily cost of delay to City. ii. Consultant shall not be responsible for performance delays caused by others, or delays beyond Consultant's control. Consultant shall provide written notice to City's project manager of such delays. If City agrees, the project manager's written approval to the Consultant shall extend the times for performance of the work by Consultant. iii. The liquidated damages payable shall be in addition to amounts payable under this Agreement, or any letter agreement, for goods sold, services rendered and other claims and charges attributable to the period prior to the effective date of the termination. 2. COMPENSATION a. As Consultant is one of fourteen (14) selected vendors selected by the City, City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement, as approved by Council amongst the fourteen (14) selected vendors, shall not exceed $2,400,000. . b. Where applicable, City shall recognize and pay for any outstanding invoices for work performed by any of the fourteen (14) selected vendors for building safety Page 2 of 10 #12067v2 consultant services performed by the Consultant for work previously performed for the City. C. Payment by City shall be made within forty-five (45) 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 fbrth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above until November 5, 2022, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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. 6. 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 Page 3 of 10 #12067v2 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. 7. 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 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, volunteers and representatives as additional insured(s); (b) be primary 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 California 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: Page 4 of 10 #12067v2 (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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, 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. 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 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 Page 5 of 10 #12067v2 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. 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. 11. 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 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. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Page 6 of 10 #12067v2 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be property 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 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax:714-647-5897 To Consultant: Interwest Consulting Group Ron Beehler, Director 15140 Transistor Lane Huntington Beach, CA 92649 Phone: 899-9039 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 #12067v2 Page 7 of 10 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 are not embodied herein. 15. 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. 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. 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 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 City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 8 of 10 #12067v2 19. 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. 20. 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. 21, 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 fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 #12067v2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: .r' of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL O MINH THAI Executive Director Planning and Building Agency CITY OF SANTA ANA R STINE RID City Manager CONSULTANT CBeehler R n Director, Interwest Consulting Group Page 10 of 10 #12067v2 SCOPE OF SERVICES — Exhibit A General Description Building Safety Division of the City of Santa Ana foresees the submittal of many construction projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of Building Safety Services including Plan Check Services, Inspection Services and Technical Services. Scope of Services A. Plan Review Services Consultant shall perform the following services for each assigned building plan review. 1. Detail review of the mechanical, plumbing, electrical and building (architectural and structural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California state -mandated regulations for energy conservation, disabled access, green building standards and City adopted ordinances. 3. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as Flood Zone A or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. 5. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison with applicants via phone, e-mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. 7. Plan review report to be customized for each project and be delivered via fax, mail or e-mail to City and the applicant. 8. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 9. Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, e-mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising from review. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check Issues. 11. Plan reviewer to verify that the job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 12. Initial Plan review to be complete within ten (10) working days and recheck within five (5) working days. 13, Consultant fee for review services to be 50% of the City of Santa Ana Plan Check Fee. 14. Hourly projects Including revisions, deferred submittals, trusses, stairs, curtain walls, mechanical, plumbing and electrical plan reviews will be checked on an hourly rate of $95,00/hour when performed by a Certified Plans Examiner and a rate of $120.00/hour when performed by a registered Senior Plan Check Engineer. 15. Expedited Plan Review will be provided when requested for an individual project and will be an additional 30% of the plan review fees above. For Expedited Plan Review, the initial plan review to be complete within five (5) to seven (7) working days and recheck within five (5) working days. 16. Fee(s) are charged in conformance with the Citys Miscellaneous Fee Schedule. 17. Provide in-house temporary staff. 18. Courier service for pickup and delivery of plans to the City shall be provided at no additional cost B. Building Inspection Services Consultant shall perform the following services. 1. Building inspection services for industrial, commercial, residential and public buildings to determine compliance with approved plans and documents as well as applicable building standards as related to existing and proposed buildings. 2. Building inspection services for compliance with California state -mandated regulations for energy conservation, disabled access, green building standards and City adopted ordinances. 3. Building inspection services for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood Insurance rate map (FIRM) as Flood Zone A or AE. 4. Building inspectors shall be certified to perform inspections for compliance with applicable California Building Standards Codes. 5. Building inspectors shall complete all necessary City forms and documents, enter results, and follow the City's workflow when an inspection is conducted. Inspectors will provide accurate correction notices and inspection records. 6. Building inspections shall be charged at an hourly rate of $80.00/hour when performed by a Certified Building Inspector and a rate of $95.00/hour when performed by a Senior Certified Building Inspector. Mileage will not be reimbursed by the City. 7. Provide accelerated building Inspection services on an as -needed basis. 8. Provide in-house temporary staff. C. Technical Services Consultant shall perform the following services. 1. Technical services shall be provided as -needed at hourly rates listed in Sections A and B above, based on the qualifications of the consultant that will provide the service. Technical services shall include training and technical studies with reporting, with rates ranging from $80.00/hour to $120/hour. Client#: 1086878 INTERCON35 ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYYI 11107/2019 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 certifcate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME USI Insurance Services, LLC PHONE 800 873-8500 I FAX P.O. Box 7050 tAIC NoiEae.. -... _.. Nol: E-MAIL Englewood, CO 80155 ADDRESS: --- --- --' - ------ -- — - -- INSURER(S)AFFORDING COVERAGE NAIC# 800873-8500 INSURER A:TIYeInnPrupedyCae.ceerA,nero 25674 INSURED XL 3eadseY l,nuranwC.."ry INSURERB t Consulting Group Inc 37$$$ 25682 T 1— In&rnnlry C.," M CT P.O. Box 18330 INSURER C: _. P.O.InteBox Boulder, CO 80308 INSURER D: INSURER E: INSURER F : UUVCIXAbtJ UER I IFIOA I E NUMBER: UCMIe1nM MUuoeo. 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 CONTRACTOR 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. OL INSR - AOWVP -POLICY EFF POLICY EXP I --- - -- - -- LTR TYPE OF INSURANCE I SR WYO POLICY NUMBER MMIDDIYYYY (MMIDDIYYYYI LIMITS A GENERAL LIABILITY X X 6806H441235 _ 11/14/201910/Ot/202 EACH OCC_UR_R_E_N_C_E $1,000000CLAIMS-MADE ICOMMERCIAL X ODLUR_ �_._.. �RR��iii;FEsTEaEonetiEerenw)$1000000 .. 41 O,000 - MED EXP (My FEE dersonl PERSONAL SAOVINJURY S1,000,000 GENV AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s2,000,000 X 1_7 POLICY COT LOC PRODUCTS $2,000,000 S OTHER. �I AUTOMOBILELMSILITY X XBAOJ093233 COMBINED 10101/2020 1,000,000e X PNY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY (Per acodenl) S X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY RTYDAM P40PEAGE EP,,r aciudent) - S i 8 A X _ UMBRELLA LIAR X OCCUR X X CUP2F178249 11/14/2019 10/01/2020 EACHOCCURRENCE_ s4000O00 EXCESS LIAR CLAIMS -MADE. I _ A,GREGATE_ 54000000 S QED X RETENTION SO _ A WORKERS COMPENSATION X ,UB8J034006 11114/2019 10/01/2020 X PER OT14 LI AND EMPLOYERS' ABILITY YIN - T T MY PROPRIETOILPARTNERIEXECUTIVEn OFFICER/MEMBER EXCLUDED' NIA E-_ EACH ACCIDENT 51 QOO OOO _ .. 0 -_—. (Mandalory In NH) EL DISEASE - EA EMPLOYEE $1,000000 Iryas, desnibe under - -- DESCRIPTIONOFOPERATIONS below EL DISEASE -POLICY LIMIT $1,000,000 11114/2019 11/14/2020 $2,000,000 per claim B Professional Liab X DPR9951576 Pollution Liab $5,000,000 anal aggr. Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. AddlBonal Remarks Schedule, may be aNaeked If more space Ie required) As required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insureds under Umbrella I Excess Liability but only with respect to liability arising out of the Named Insured work performed on behalf of the certificate holder and owner. (See Attached Descriptions) O KISK VI NA EMENT LAVl ORIHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, A F 252019 Santa Ana, CA 92702 AUTIIORIZ OREPRESENTATIVE 4/\/kA A M. LAMBE T o-n_, ED 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 Of 2 The ACORD name and logo are registered marks of ACORD #S27092524IM27088729 ADKZP -DESCRIPTIONS (Continued from Page 1) The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary andmon contributory basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, UmbrellalExcess Liability and Workers Compensation. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. Please note that Additional Insured status does not.apply to Professional Liability or Workers' Compensation. Additional Insured: The City, Its officers, employees, agents, volunteers and representatives. All policies Include 30 Day Notice of Cancellation In favor of the City of Santa Ana. SAGITTA25.30016/03) 2 of2 #827092524/M27088729 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 6306H441235 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree In a written contract to Include as an additional Insured on this Coverage Part for "bodily Injury" or "property damage" Included in the products -completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION li - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS -COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 Copyright ISO Properties, Inc. 2004 CC TS 04 10 18 11 1260 Page 1 Of 1 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 68061-1441235 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCBEDULED PERSON OR OROANIZATION This endorsement modifies Insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED' -.,OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED,PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree In a written contract to include as an additional Insured on this Coverage Part, provided that such written contract was signed and executed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal Injury" or "advertising Injury" offense Is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR -"ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY:THIS INSURED DOES NOT APPLY TO CO TS 03 10 1e I1lfl Page 1 of 2 3 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER. 68061-1441235 OFFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCEEDDLED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: "BODILY INJURY" OR 'PROPERTY DAMAGE" OCCURRING, OR "PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, 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(S) 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. CG D3 61 03 05 Copyright 2005 The St.-PaUI Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Ino. with its permission. CG TS 03 10 IS 4.111"i'l Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 88051-144t235 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COD425 (07-08) - OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies Insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE 1. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of�SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS; However, if you specifically agree in a written contract or agreement that the insurance afforded to an additional Insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought Is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed; subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. CG T8 pI 10 IS Page X of 1 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680BH441235 OFFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of: 1."Bodily Injury" or "property damage" that occurs; or 2."Personal Injury" or "advertising injury" caused by an offense committed; after you have executed that contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazards" This waiver applies only to the person or organization shown In the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 CG TO 02 10 18 4 1 ry 11� [,I Page 1 of 2 OFFICE PAC POLICY NUMBER: 68061-1441235 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2404 (10-93) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAMST OTHERS TO US This endorsement modifies insurance provided under the follovring: CO TO 02 20 18 Policy #BAOJ093233 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED S. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS —INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily Injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi. tional Insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualities as an "Insured" under the Who Is An Insured provision contained in Section II. S. EMPLOYEE HIRED AUTO H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT L WAIVER OF DEDUCTIBLE —GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV. rented or borrowed with a driver Is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "am- An Insured, of SECTION 11—COVERED AUTOS ployee's" name, with your perms ion, while LIABILITY COVERAGE: CA T4 20 0215 020 aThe velers 111 Mi4v, ny. All rights reserved. Page t of 3 I( Includes cupyrighled malertal of I urances office, Inc, wtlh Its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow In your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viDla- lions) required because of an "accident" we cover. We do not have to furnish these bonds. 2: The following replaces Paragraph A.2.a.(4) of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings- up to $500 a day be- cause of time off from work, E. TRAILERS —INCREASED LOAD CAPACITY The following replaces Paragraph C.11. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel an public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age Is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow Is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen properly as of the time of the "loss"; or (c) The cast of repairing or replacing the damaged or stolen property with other property of like kind and qualityA (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair at replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that Is hired; rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence In Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER. AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EOUIPMENT—INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE Is.deleted., I. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which Is: (1) Owned by an "Insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total. theft of your covered "auto`. No deductibles apply to Personal Property cover- age. Page 2 of 3 02015�Tr( vkle�s (n�e�uty/C�i p Y. All rights reserved. CA T4 20 0215 Includes copyrighted met ial or In uran �e Ic s Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph 13.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags In a covered "auto" you own that in- flate due to a cause other than a cause of `loss" set forth in Paragraphs A.i.b, and AA.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war. ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following Is added to Paragraph AA., Cover- age Extenslons, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue [ease or loan payments at the time of the 'loss'; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or loass;and (a) Carly -over balances from previous loans or leases. ' M. BLANKET WAIVER OF SUBROGATION The following'reptaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to'the ex- tent required of you by a wriSen'con(ract exe. cuted prior to any "accident" or "loss", pro- vided that the "accident" or "Foss' arises out of the operations contemplated by such con- tract. The waiver applies -only to the person or organization designated in such contract. 1r.rr r--' CA T4 20 0215 07015 The Tr duo nil i - rights reserved. Includes copyrighted mate at o saran! er s bbbll! e, Ina. with Its permission. Page 3 of 3 TRAVELERS Jam' ONE TOWER SQUARE HARTFORD CT 06163 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) POLICYNUMBER: UE-Ss034009 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. The additional premium for this endorsement shall be 3.00 % of the Callrornia workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR ENGINEERS PLAN WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LASS TO FURNISH THIS NAME. This endorsement changes the policy to which it is attached and Is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective Insured DATE OF ISSUE: Policy No. Countersigned by ST ASSI I 1 611 Endorsement No. Premium Page 1 of 1 Francine R. Villareal Digitally signed by Francine R.Villareal Date: 2021.02.2615:20:06-08'00' CERTIFICATE OAF (LIABILITY INSURANCE OATS (RMAIOOLVYYYYN' THIS CERTIFICATE IS ISSSUIIEID AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DIES NOT AFFIRMATIVELY OR. NEGATIVELY AMEINNID„ EXTEND OR ALTER. THE COVERAGE AFFORDED BY THE POLIICNER BELOi W. THIS CERTIFICATE NSF 11INSU DANCE DOES NOT CONSTITUTE A CONTRACT BE''TWF-EN THE ISSUING INNERER( )„ AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE (HOLDER. IMPORTANT. If the cerdficate holder Is an ADDITIONAL INSURED, the polibcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subjIect to the terms and conditions of the policy, certain po0cles may r 4ulre on endorsoment. A statement on PRODUCER MINI I MU I IN'tRC'h DeIIC,Nt R II~,G In5ur��arn a Services PHONE FAX 303 E'4,�uacker Dir Ste 650 �ar� r�� ��� 31 - 56_ 4Cl __________________I t� .11"64 Chicago25 E-MAIL rdoiich rbninsgranoo^.conn IINNSUREICI SAFELI-C-01 IM✓JIsuRE ',!s w Hartford Casualty Insurance Co ......, 2 24....., Iln0- Box; 1 8prN uuNfNru l rDUP F°.M- INSUJRER'C : Navigators In Uranoe Company .2-39- Boulder CO 80308 INSURER. ID! Great Aurr ri nl E& Ins„ Co. 3753 IMJsuREAv, � Twin City Furore insurance Co- 29459,,,,, INSI.'IRER',IF: Priincalcin Exm, Is & Surplos Lines In"r;,rrnr 10780 COVERAGES CERTIFICATE NUMBER. 16625112459 REVISION NUMBER., THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE ILI'-STED BELOW WAVE', BEEN ISSLIIED TO THE INSURED NAMED ABOVE FOR. THE POLICY PERIOD INDICATED, NOTWITHSTANDING TAINDIN G ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSLMED OR. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IIS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,, iLIMITS SHOWN DAY HAVE, BEEN REDUCED BY PAIII C't,A,,IMS *tk- ..... ,...... 4 «-`Gf` ` ' i' 1P` ,. ......... ......... .,.,,... ......... ................ TYPE OF INSURANCEMPOI MCY MIUMrMBER 4MWDWYYM 4MWDWYYM LIMITS A X COMtMiWERCIAL OENERAIL LLABILIT'Y Y Y 8aUEIwIZW3951 1011`2020 113IN20211 M An H OCCIJR�nENrE 1110 aIN,I; O ..., o,h,V�lAo"aF" A� o�C, I�rY�I�. C'L..AIMI33�M ADE ,X , 000L.lI . .,., r,.I i ^MI . , ^. Q �S�WP r � h.k7 ,r .,.. ,. .... ,,,, tnIED IEP rA�7 �rrnl o�,IJCI „ IPI Lr ,. �� IMIJINjRY 1,1,000,I afM ,,,$ L. QRECATE LIMIT APPLIES PER CpE; 'WwRAL, AQ�Q ".ECpATE 2,000, fJ �..,, POUICY ... PRS ILOOC ...., ...., , ...... .,.,,., .................. PRODUCTS - COMMOP AGG $ 2,050, E OTI I E R: S. IR AMNT MN BILELIA III.ArY Y Y I .931JEN7NP19110) 10�30<2020 11W��"„ 0211l MISINEDSIIIkGLLILIMIT aE. fl,4�}'001M iE€� a,rNrlm'l " = ANY AUTO IE0D'IL'Y (INJURY (P�r I'Stl7rntiili� S OWNED 'WHEDUIED LSUT( ONLY BiaMiILY INdJuf�Y (Per ate.. r�II >N ''AUTOS X HIRED X 14ON-C'd^�MNEL? IPf�C�'PCIdT'�DANA.r'h.GC�� 1 „ A J70 S ONLY AJJ70 S ONLY Iff R rN PI) S C CIM BREL/LA L MlEt X Y" Y 1 W,1`2020 IVIN202111 OCC4JR�tFiNrE 3 510'001wIT ...., ....., ......... ...... X , lE''IIC9 S LIAe CL..AIMI:���WtAADE AQ91REGA'TE 11 [ ID X RETF rION WORKERS COMPENSATION Y" 8;1WLCE.CEilr 3 IV1212.0.20 5;12120211 „ETH AND EM PLOYERS' LIAIBrLIt Y ,X .a��E�,'TIJ1fC ., .., ..., wI W *al rrlw r+af?��F`° alr�w la W:wW11VE I� R' E L. Elkf,14A4�C11012'T $ h,000,i 0 OFFICE'RNEPABEREY,C"LL&E DF MildFh, -..... ... ......................... ..... ,,,,, (Mmidopiry in N HI . E.L.IID ISEASE - EA ENMr LDYEE $ I ,rJt�lr,r rl1 DL CRI]PTI)ON OF OPERAT'Ni,Aq desedrieundff idS P;r�Ij�M;7r� M- L DISEASE - F""�71N, IC.�Y' I I�"IIT :fir t ,�}fl0, G D PrX;Wlei"ifoullLiN.GIny TER 28',6w10:5'9' nW302020 lf,0020211 E.Nij'iClalirtni0Agplegralki110,IJI:pM,',7„INLI0 F' F ca c l,iaht e.Ijl„i{3P' M3E,A '- L-LTt1r]C11 '1-I a Mf1i� 9Ca C� nt71,�2a2I Earkr�r^.�,sA regale 5,600,wo 06:54RIIPTION Of OPERATIONS d LOCATIONS d VE`M CLE IACiC RD 101, Addillminal Remarks kho4ule., dory be allar:hed If mlwg irpwm Is fwviYr'wfjt The laity of Sanm Ana, !its officers,, Employees, agents and repTesentaitives are adduitionval insured on a primary and (non-coirtnbutoTy basis as respects the General Liiabality, , Auto IL,iabiuliiity and UmlbrellaYExcess follows forn'n as required by written contract. Waiver of Subrogation applies In favor of the additional insured as rrros � kYre General L WorkersCompensationss'folllows form as required byr wri'tt�an contract.. 30, Days p " Its il�wkiCe Auto iIE do m ma rar n�aenbrella."Exa Notice of Cain Nlaltion with 1C Day yF policy piovisions. CERTIFICATE, HOLDER CANCELLATION SHOULD ANY OF THE ABOVE: DESCRIBED POLICIES BE, CANCELLED BEFORE, THE EXPIRAT loN (DATE THEREOF, NOTICE WIIMLL BE DEUVERED IN N i ly of Santa Ana AOCORIDANCE V44TH THE. POLICY PROVISIONS. Risk Management Division, 4th Floor 20 Civic CenterPlaza AMrUORAZEDREPAESENTA'minp Santa, Ana CA 92702 �"4— - 1ZisieManagzLlrLentDiviaian ,N GF REVIEWED & APPROVEDSY.- 1988»2015 AC RD5, , , . v Ai ORD 25 (2016103) The ACORP name and logo are registered marks *If AICCMR ��-- Risk Ijar agement ftaly5t HA 99 16 0311 THIS ENDORSEMENT CHANGESTRE POLICY. IPL,EASE IREAD IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insuraince provided under the followingr: To the extent that the provisions of t4is endorseirneint provide broadier benefits 'to, the "insuired" than other pirovisions of the Coverage Form, the pirovisJous of this endorsement apiply, t BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named linsured showin in the! Declarations is arriendiedto incluide� (1) Any legat business entity ath,er than a partnership or Joint venture, formed as a subsidiary in, whicli, you have an, ownership iint8ire�8t of more than 50% on the effectIve date of the Coverage Form. However, the Nairi Insured does not includeany subsidiary that is an "iinsuired" under, any other automobile policy or woUld be an "Insuredi'" under such a polliicy but fbir its termination or the exhaustion of its Limit of Insurance, (2) Any organization that is acquired oir (brined (by you and over, w4icb you maintain majority owflersliip. However, the Named Ilnsuur8di does not include any newly formed or acquired organization: (a) That is a pairtnership or joint venture, (b) That iis ail "insur8d" uindier any other Policy, (c) That has exhiausted its Limit of insuraince under, any other Ipolicy, or (d) 180 days or more after its acquisition or forimation by you, uNess you haive given us inali of the acquisition or forma4ion. Coverage does not apply to "bodily iinjury" or "'property damag8" that results, from an `,acdIdient" that occurred before you formed or aoquired the orgiaNzation, K, Employees as Insureds Paragraph A, 1. - WHO IS AN INSURED - of SECTION III - LIARILITY COVERAGE is, amended to, arid: d. Any "employee" of yours wftHe using a, covered "auto" yo,u doin't own, hire or borrow iin your buisiin8ss air youir peirsonaili affairs. C. ILes,siors as Insuireds Paragraph A, 1. - WHO IS AN INSURED - of Section III - Liabifity Coverage is amendedto, add: e. The lessor of a coveired "auto," while it .. auto," is leased to you under a written agreemient if: (1 ) The agreement Irequires you to provide direct pirinlairy insurance for the liessor and (2) The ""au ito" is [eased without a driver. Suich a lieased "auto" will Ibe considered a covered "auto"' you own and not a covered "auto,"' you hire. U, Additional Insured if Requiredi I4 Contract (1) Paragraph A1. WHO IS, AN INSURED - olf Section 11 Liability Coverage is arnended to, add., U Wheiii you have agreed, in .9, written contract or written agireeiment, thaA a person or organization be added as an addittionat fins -hared on your business au ito policy, SUch person or organization is an "insured"", bout o4ly to the extent such person or organization is liabte for "bodily injury" ar "property dainiagie" caused by flbie conduct of an "insured" under paragraphs a, or Ib, of Who Is An insuired with regard to the ownersWip. rnainteinance or use of a covered "auto." 0 2'0,11. "'rhe Hartford (Inicluides copyrighted mia,terial Form IHiA 99,16 03 1112 of ISO IPrluperti8s, Inc., with its permission) ep ..cF RAMwagmedDiAsiun Jy? N,�q REVIEWED & APPROVED BY.- VX*vd RtWjanagementftalpt The Iinsuurance afforded to any such, additional) insured applies only if fliie "bodlity injury" or "property daimage" occurs: During the polliicy peri(>d, and (2) Suibs8quent to the 8xecutioin, of such written contract, and (3) Prior to the expiration, of the period of time that the written rointract requires such insurance Ibe provided to the additional snislured, (2) IHow Limits Applly If you have agreed in a written cointract or written agreeni,eint that another p8rson or oirgainizatilon, Ibe adldedl 88 an additionat insured on your Ipolicy, the most we will pay an behaff of 5,uch additionaI insured is the Illesser of: (a) The Hirnits, of insurance specilied in the wrrtten contract or written, agireemilent', or (b) The Linifts of linsurance shown in the Declarations. Such amount 8hailt be a, part of and not in addition to Lirnits of Insurance shown in the Declaratians aind desrnbed in this, Section, (3) Additional insureds Other, Insurance If we cover a claim or "'suit" under this, Coverage Pairt that may also be covered by other insurance available to an, additional insured, quch, additional insuired must submit such claim or "suiV to the other insureir for defense and indeninfty. How8ver, this provision does not apply to the extent, that you have agreed in a written contract or written agreenient that this, iinsuranoe is p6mary and noin- contributory with the additional insuired's own insurance, (4) If uties iin The! Event Of Accidient, Claim, Suit or Loss If you have agreed in a wiritteri contract or written agir8eimenit that another person or orgainization, be added as an additional) insured on your policy, the additionaI insured shall be required to, comply with 'the pirovisJons in LOSS CONDMIONS, 2. - DUTIES N I -HE �EVENT F ACCIDENT, LAIM , SUIT OR LOSS -- OF SECflON IV -- BUSINESS AUTO CONDITIONS, in the same maniner as the! Named Ilns,ured, E lPrimairy and Il on-Cont6butory, if, Requilired by Gointiract 0,61y with resp8ct to insuirance pirolvided to an additional) insured in I.D. - Additional Inslured If Required by Contract, the following provisions apply: (3) Primary IInsuuurance When IReguuired By Contract This iinisuranc8 is piriimairy it you have! agreed in a written contract or written agreement that this insurance be pidimairy. If other insurance is also, primary, we illl share with aft 'that otheir insurance by the methiod desfribed in Other Insurance 5,.d, (4) Primary Arid INon-Contributory To Offier Insuraince When Required By Contract If you) have agreed in a written contract or written agreement that this insurance is Iprimary and non-contribititory with the addftionall insuir8d's owlni insuranc8, this insurance is primary and we MCI riot seek oontribution from that other insuirance, Paragraphs, (3) and (4) do, not, apply to other insurance to Which thie aiddffional insured has been added as an addition4l insured. When this iinsuulralnce is excess, w,e will have no duty to defend the insured agialn5t ainy "'suit" if any other iinsuirer has, a duty to defend the insured against that "suit'", If inio, other lilnsuurelr defends, we will undertake to do so, but we w0l be entitled to the insuired's righits against all those other insurers., When this insuranc;e is excess over other insurance, we will pay only our share of fti,e arn0lint of the loss, if any, that exceeds, the sum of` (1) The toL-41 amount that all such other msurance would pay for, the (loss in the absence of this, insurance; and (2) The total of alI dediuctible and self -insured a rn011ints under' a I I that other ins uira nce, We wfll 5liare the remaining foss, if any, by the method described in Other Insuiraince 5.d. 2AUTOS RENTED BYEMPLOYEES Any, "'auto"' hired or rented by your "employee" ran your behalf and at your direction M11 bu considered aim "auto" You hire�, rhe o rf+ER INSURANCE Condition is amended by adding the! followinig: 0 2'0,11."she Hartford (Incluides copyrighted maiteriial Form H� A 99,16 03 12 of ISO Properties, Inc., with its permission) cF RAMwagmedDMsiun Jy? N,�q REVIEWED & APPROVED BY.- F04c"�" z VX*vd RtWjanagementftalpt If an "ernployee's" p rsonall insurance also appiies an an exce,3,9 basis to, a covered "'auto,"' hired or Irented by your "eimployele" on your behalf and at, youir direction, Mis insurance witl be primary to the "'ernployee's"' personal insuiranoL-, 3. AMENDED FELOW EMPLOYEE EXCLUSION EXCLUSiON 5, - FELLOW EMPLOYEE - of SECTION IIIII - LIABILITY COVERAGE does not apply if' you have workeirs' coirripensabon insurance in -force ooveringi all of your "employees". Coverage iis excess oveir any other c6lIectible insurance, 4. HIREDiUT IPHlYSICAL MMAGE VERAGE If hired "autos" are covered "autos" for It..laNllity Coveirage andl il Comprehensive, Specified Causes olf Loss,, or Collision, coverages are provided under Mis Coverage Form for any ""'a uto"" you owfli. then, the IPhmysicalll Damage Coverages provided are extended to "autos" you hire or, borrow, subject to the following Iiiimit. rhe most we mli pay for "'loss," to any hired ""auto"" is: (1) $100"'000, (2) "'rhe actuaii cash value of the daimaged or stolen property at the time of the "Ioss",- or (3) The cost of repairing or, replacing the damagied or stolen property, whi,chever is sim4tl8st., imilnus a deductible. The deductible wilt be equial toth,e largest deductible appiicable to any owined `auto)" for that colv8irage. No deductible applies to ""loss" caused by fire or lightning, Hired,Auto, Physical Darnage coverage is excess over any other cZflectsble insuiranc8, Subject to the above limit, deductible andl excess provisions, we wilt provide coveirage equal to thie broadest coverage appi[k"able to any colv8ired "'auto,"' youi own, We, M1 also cover loss of use ofthe, hired "aluto" it it, results from an "accident",, you are ieg4llly liable and the lessor incurs an actuat financial lass,, subject to a rnaximum of $1000, peer ff auidenV. This extensiloin of Coverage does not apply to any "auto," yo�ol hire or, borrow froirn any of youir ff ernployees", partners (if' you are a pairtnership), members (iif you are a Iliimlited Iliialbillllilty company), or members of their households. PATSICAL DAJOIiAGE w AJUWTION� TEMPORARY TRANSPORTATION EXPENSE COVE : Paragraph A,,4,a of SECTION Ill - PHYSICAL DAMAGE COVERAGE is aimiendled to provide a, lliimit of $5,0 per day and a maximuim limit of S,1,000, 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMIAGE COVERAGE, in the event, of a total "lass," to a covered "auto", we will pay your additional ieg4l obfigiation for any diffbirenc8 between the actual cash value of the '"auto" at the tirne of lthe "loss" a ndl the "ot4stainding b4lance" of ttle iloalntlease.. "Outstanding balaince" means the amount you owe an the, loan/lease at, the firne of "lass" liess any arnotints representing taxes; overdue paymeints; pen4lties, interest or charges resulting from overdue payments; additional mileage chairges; excess wear and tear diiarges; lease termination fees-1 security deposits not returned by the lessor; costs for extended warranties, credit life lnsurance, Ih ealth, acdcleint or disability linsurance purchased with the Moan or lease; andl carry-over balances from Ipreviious loans or llease5, 7. AIRBAG COVERAGE Under Paragraph B, EXGLUSIONS - of' SEC nON 11i - PHYSICAL DAMIAGE COVERAGE, t1he FoNlowing is aidded: The exclusion relatingto, mechanicat Ibrea kdown does not apply to the acrideintal discharge of an airbag, 8. ELECTRONIC EQUIPMENT ® BROADENED COVERAGE a. Thie exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL. DAMAGE COVERAGE are replaced by t1hie foNlowing: Exclusions 4.c. and 4.d. do not apply to equipment de5iginecl to be operated solely by U88 of the power from the "a,uto's"i electrical system that, at the firne, of"'loss", (1) Permainendy installed in or upon the covered "auto,"; (2) Removable friomi a Ilmirauusingi unk which is permanently iilnstallled in or upon the covered "auto"; (3) An integiral part of the same luunit hnousingi any ellectronic equiprnent described in Plara[grapiks dl) And 19% Pihnknm° nr 0 2'0,11. "t-he Hartford (Incluides copyrighted material Form HA 9916 03 12 of I u IPlropelrtues, Inc., with it8 permission) cF Risk MmRgmerdDMsiun K�q REVIEWED & APPROVED BY.- F04c.�" z VX*vd RtWjanagementftalptl (4) Necessary for, tho normal operatio,n of the oovered "'auto," or the monitoring of the cover d aluto's" operating system,, b,Section III - 'Version CA 00 01 03 1110 of the Business Auto Coverage Form, Physical Darnage Coverage, Lirnit of Insurance, Paragraplii C,2 and Version CA 00 01 10 01 of thie Business Auto Coverage Forim, IPlhysiical Darnage Coverage, 1-imit of Insurance, Paragrap1li C are eacl'i� amended to adld the following: $1,5100 is the most we will pay for "'loss" in any one "accident." to all electronic equipment (other than equip,ment designed solely for the reproduction of sound, and accessories u5ect with such equipment) that reproduces, ret8iv8s or transimiits, audio,, visual or data signals whir-h, at the time of "toss", is: (1 ) Permainiently instaCled in or upon, the covered "auto" in a housing, ople,rung or other ilocation that is iniot normatly used by the "'auto,"' manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2,a, above or is an, iintegiral part of that equipimentl- or (3),An iintegwral part, of -such, equiprnent, c. For each covered slio,Wd loss be limited to, electiranic equipment only, our 6bligabioin to, pay for, repair, return or replace darnaged or Stolen electronic equ4p,ment wilt be reduced by thie apipficable deductible shown in the Declarations, or 510, whichever deductible is �less, 91. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A, - COVERAGE - of SEC nON III - PHYSICAL If AMAGE COVERAGE, we will pay for Me expense of returining a stolen covered "'auto""' to you, 10. GLASS, REPAIR - CAP ER, OF DEDUCTIBLE Under, Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following iis added: No, deductible applies to glass damage it the glass is repairect rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under, Paragraph D. - DEDUCTIBLE - of'SECTIONCI III - PHYSICAL DAMAGE COVERAGE, the following iis added: If anoMer Hartford Financial Services Group, Inc, company pollicy or coverage form throat ii5 not an automobile, policy or coverage form applliies to, the same ""accident"", the fotloMing applies., (1) iIf the deduotible under this Business Auto ICoverag IFornm iis the smaller (or simafl8st) dedactible, it wifl be waivedl; (2) iIf the deductible under this Business Auto Coverage IFoirm is not the smaller (,or smallest) deductible, it will be reduced by the arnotint of thie smatter (or smatlest) dieductible, 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT', GLAIM, SUIT OR LOSS, The requirement in ILOSS CONDMIONS Za, - DUTIES, IN THE EVENT OFAGGIDENT,CLAW, sui r, OR iLOSS - of SECTION tV - BUSINESS AUTO CONDITIONS that youi MUSt notify L18, Of an `,acdOent" applies only whenthe "accident" is knownl to: (1) YOU, if you are an individual-, (2) A pairtneir, if you are a pairtnersWp; (3) A member, if youi are a limited liability cornpainyor (4) An execlutive, officer, or ilnsuirance manager, i�f you are a corporation. '13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally failI to disclose any hazards existing at the inception date of your pality, we! will not deiny coverage under this Coverage Form because of qudli� faflure, 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e, of GENERAL CONDITIONS 7, POLICY PERIOD. COVERAGE I-EWITORY of SECTION 1V - BUSINESS AUTO CONDITIONS ins replaced bythe followinq e.. For short-term hired "autos", thie coverage territory with resp,8ct to, Liability Cov8irage is anywbere in the world provided that if the "Insured's"' responsibility to pay damages for "bodilly injuiry" or "property damag8,, is determined iin a, "'suit," the, "'suit" pis brought in the United States of America, the territories, and possessions of the United States of Arriedca, Puerto Rico or Canada or, in a settlement we agree to,. 15. WAI'VER OF SLIBROGATION TRANSFER OF RIGHTOF RECOVERY AGAiNs r OTHERS, "TO US - of SEC n0,N 1V - �BIUISITN' EAUTO CONDITIONS iis aimeinded Iby adding the following: (5) 2'0,11. "rhe Hartford (Includes copy6ghtect maiteriial Form II� A 99,16 03 12 of ISO IPlruupelrtlos, IInc., with its permission) ep ..cF RAN[wagmed]DMsiun Jy? N,�q REVIEWED & APPROVED BY.- F04c.�" z VX*vd RtWjanagementftalpt We, waNe any right of recovery we nray have agasn51 array pleirson or organization withi whom you have a Written contract that requires, such waiver because of payments we make for damagies i,in,der this Coverage Form, 16. RESULTANT MENTAL ANGUISH COVERAGE, The definition of "bodfly injury"' in SECTION DEFINt nONS is, replaced by the following; "Bodily iinjury means bodiilly iiinjuiry, sickness or disease, sustained by any person, including ri ainguish, or death, resulting from any of these. 17. IEXTIENDED CANCELLATION CONDITION Paragraph 2. of the CINS MON~,rl POLICY CONID]TIIONS - CANCELLAT�10,N - applies except as follows,., if we cancel for any reason ai than nonipaymileinit of premium,, we wiilllll maill or diefiver to the first Warned insured written notice of cancellatiani at least 60 days Ibefore biie effectiive date of cancellation, 18. HYRRID, ELECTRIC,, OR NATURAL GAS VEHIu L 1PA1IMIENT COVERAGE In the event of a total loss, to a "inan-hybirid" auto, I& wNchi Comprehensive, Specified Causes of Loss, or Colfislion coverages are provided under this Coverage Form, then, such Physical Darnage Coverages are, amended as follows. a.If the atito is replaced with a, "hybrid" auto, or an auto, powe�red solely by electricity oir natuiral gas, we W11 pay an additional) 10%, to a maximum of $2.500. of the "'non -hybrid" auto's actualll Cash value or replacernent cost, wMihever is less, lb� rbe auto mi Ilse replaced and a oopy of ai bitil of 8,41e or i lease agireleiment received by us within 160 calendar days of the date of "loss,"' c. IRegrandless of the in uiiin beir of, autos dieeimed a totail lo5,s, the ni we will pay under this, �Hlybrid, Electric, or Natural has Veh4c[e Payrnent Coverage provision for any one, "loss," is $10,000, For the purposes of the coverage provision, a,,A, "non -hybrid" auto is defined as an, auto'li uses, only an internal ourribuslion engine to move the auto, bust does, not include autos �powered solely by electricity or, na,li gas. b,A "hylbrid'" auto is defined as an auito with an internal cornbuistion, engine and oine or more electric motors; aii that uses the iinterinal combusi engine and one or more electric motors to, move th,e auto, or the internal combustion engine to charge one or, moire elleci motors, w1i4ch miove the auto, 19. VEHICLE WRAP COVERAGE In the event of total loss to an, "auto" for which Cornprehe,nsive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following; In additio,in to the actual cash value of the "auto", we, will pay up to $1l,000, for vinyl vehicle wraps which are 65plaiyed on fliie covered "auto)" at the time of total loss. Regardless of thie nuimbeir of autos deemed a tot6l loss, the most we will pay under this Vehicle Wrap Coverage provision for any one ""loss" is $5,000, For purposes of this coverage provision, sii or, other graphics pairi or magnetically affixed to t1lie vehicle are not considered vehicle wraps, 0 2011."The Hartford (Includes copyrighted) mi Form INS A 9916 03 12 of ISO Properties, Inc., with its permission) cF RAN[wagmedDiMsiun Jy? N,�q REVIEWED & APPROVED BY.- VX*vd Risk iPjanagementAnalyst FOL � CYO: � 8 3 U EN ZV 3 95 � Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is riot covered,, ThrOLI"gl)OUII this poficy, the words ,"you" and "your" refer to, the Named Insured sliown in the DecWatjons, arid any other person or organizatbon qualifyingi ass a Narned 111SUred under this, policy, The words "we"', "us" and "our" refer to the stock insurance company member of "'r''he Hartford providing thiis hisurainoe. The word "insured'" mearis any person or organization qualifying as such under Section 11 - Who Is, An Insured. Other words and phrases that appear in qtjotathon marks have speciall mearring. Refer to Section V - Definitions, SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums ffiat the insured becomes, legally obligated to pay as damages because of "bodliilly iinjuiry" or "property d1amage" to, which thiis iinsurainoe applies. We will have the righit arid duty to defend the insured against any "'suit"' seeking those damages. However, we wflll have no duty to defend the insured against any "suit" seeking dlamages for, "'bodily injury" or, "property darnage" to which this insurance does not apply. We may, at our discrefion, i4ivosfigate any "occurrence"and sottle any dairri or "'suit" that may result, But (1), The amount we will pay for damages is limited as described In Section III - (Lin its Of llnsurancew and (2), Our righl ' and deity to defend wh ends en we [rave used up the applicable linift of insurance in the payment of judgments or settlerneints, under Coverages A or B, or niedir,al expenses under Coverage . No other obfigiation or liabiflty to, pay sunis, or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. b. This, insuirance applies to "bodilly injury" and "property daimage" only if: (1�), The "bodily injury""' or "'property damage"' is caused by an "occurrence" that takes place in the "'coveragie territory"',, (2), The "bodily injjk,iry" or "property damage" w;curs, duringi the policy periods; and (3), Prior to the policy period, no, !insured listed under Paragraph I., of Sect ' iion If - Whol is An insured and no "ernpiloyee` authorized by you to give or receive notice of an Hlurre am, knew that the o(x n,re` or di "bodily injury" or "properly dainiage" iiad occurred., in whole or in part. If auch a Misted insured or authiorized "employele" knew. prior to the policy period, that the "'bodily injury' or "Property damage" occuirred, then any continuation, change or iresuirnptioinl of such 7bodily injury" Or "property darnage" during or after the policy period will be deleirned to have been known prior to the policy period. C. "Bodily iinjury"' or "property darriage" will be deemed to have been known to have occurred at the earliest time wtien any insured listed under Paragraph 1. of Section 11 - Whol Is An Insured or ainy "employee"' authorized by you to give or receive notice, of an "occurrence" or claim,- (1), Reports all, or any part, of than "bodHy injury" or "property damage" to US or, any other insurer-, (2) Receives a, written or verbal dernand or clairni 'for dart"tages because of''the ""bodily inj . ury" or "property darnage"; or (3), Becomes aware by any other means that "bodily injlLtry" or "property darnage" has occurred or has begun to occur. d. Daimages, because of "bodily !injury' include darriages claimed by any person or, organization f6r care, loss of services, or dleathi resulting at any time frorni the "bodily injury", e. Incidental Medical Malpiractlice And G�ood Samaritan Coverage "Bodily injury"' arising out of the rendering of or failure to render the flotlowing health care services iby any "employee" or "volunteer worker""' shaH be deerned to be caused by, an Mnjpplmrrencn" fnr ep ..cF RAMwagmedDMsiun R0, 1 16 Jy? N,�q REVIEWED & APPROVED BY.' G 00109 (4) F04c"�" P, VX*wi 2016 The Hartford (hiiclludes copyrighted material of kisurancde Services Office, Inc. withi its per Wsk Pjanagement Analpt [/7 �(1) Prafession6i health care services suich as: (a) IMediical, surgical, dental, laboratory, x- ray or nuirgiing services or treatment, advice or instruction, or the related furnishing of food or beverages-, (b) Any health air theirapeutic seirvice, treatment, advice or instruction; or (c), The fuir6ishiing or dispensing of drugs air medical, dental, or suiii supplies air appliances; oir (2) First i services, which include: (a), Cardliopulmonary resuscitaition, whether performed maInUafly or with a defibrillator„ or (b) Services perifornied as a GocA Samaritan. For ift purpose of determining 'the limits or insurance, any act or ornission togeRter with aill related acts oir, emissions in the furnishing of these services to any one person wffl be considered one "'olcourren,ce". However, this Incidental it Malprattice And Good Sarriaritan Coverage provision applies only if you are not engaged in the business air, occupation of pir,oviiding any of the services described in this provision, 2. IExclusions "This insurance does not appliy to: a. IExpected Or Intended Injury "Bodily injury"" or "propierty damage" expected or linteinided from the standpoint of the insured, This exclusion doeq not apply to "bodily injury" or "property darnage" resulting from the use of reasonable force to protect persons, or property, lb. Contractual Liability "Bodily injury" or "'property damage" for whiciii the insured is obligated to pay damages by reason of thiei assumption of liability, in a contract oir agireeiment. This, exclusion does not apply to liability for damiages- (1) That the insured would have in the absence of the contract or agreement-, or (2), Assurned in a contract or agreernien't that iis an "insured contract"', provided the "bodily injury" or "property damage" accuirs 5ubsequient to, the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured cori reasoniabile attorney fees and necessary litigation expenses incurred by or for a, party either than an insured are deenied to be damages because of ""bodily injury"" or "proiperty damage", provided, Page 2 of 21 (a) Liability to such party for, air for the cost of, that party's defense has also been assumed in the same "Insured contract"; and (b) Such attorney fees, and libation expenses are fair defense of that party against a civil or alternative dispute resolution proceeding in which claimages to which this iinsurance applies, are allegied. c. Liquor Liability "Bodily injury"" or "'property darni for which any insured may be held liable Iby reason of (11), Causing or contributing to the intoxication of any parson; (2), The furnishing of alcoholic beverages to, a person undler the legal drinking age of under the influence of a[cohol; or (3), Any statute, ordinance or reguilatiort re0fing to Me sale, gift, distribuition or, use of alcoholic beverages, This exclusion applies even if 'the clainis against ari insured aillege negligence or, other wrongdoing in., (a), The supervision, hiriing, employment, training or monitoring of others by that iinsured:1 or (b) Providing or failing to provide transportation with respect to any piefsoin that may be under the influence of allcolhol; if lie, `ocx,.,urrence"which caused the 'i injury" air ""property dani involved that which is described in Paragraph (11), (2) or 1(3) above, However, this exch)sion applies only if your are in, the business of manufacli)nagi, distributing, selling, serving or furnishing allcoihollic beverages. For the purposes of this exd,usion, permitting a persoin to bring alcoholic beverages on your premises, for consuinipition on your premises, whether or not a fee is chairgedl or a license is required for such activity, is not by itself considered the business of sell1iiing, serving or furnishing alcoholic beverages. d. Workers' Compensation And) Similar Laws Any obligation of the insuired under a, workers," compensation disability benefits or uirierriployment compensation, law or any sirniflar, law, ei Employeri Liability "Bodily injury"" to', (1i), An "em ployee" of' tl and in course c ep ..cF RAMwagmedDiAsiun Jy,�q REVIEWED & APPROVED BY.- F04c..." z VX*vd Rusk iPjanagementAnali (a) IEm p loymeint by the insured; or (b) IPerforming duties related to the conduct of the insured's businoss; or 1(2) "1 spouise, child, parent,, brother or sister of that "employee" as a consequence of Paragraph (1 ) albove This, exclusion apipfies: (1) Whether the insured may be liable as an employer or in any other capacity: and (2) To any obliigatJion to, share darnages, with, or repay someone else wihoi mius,t pay damages because of the injury.. This exclusion does not apply to liability assumed by tho inSLIred under an "insured contrac.t". (1), "'Bodily injuri or "'property damiage" arising Out Of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or, escape of "pollutants": (a), At air froini any premises, site or location which is or was, at any time owned or Occupied by, or rented or (loaned to, any insuired. However, this subparagraph does, not apply to-. (1) "Bodily injury' if sustained within a building and caused by srnioke, fumes, vapor or soot produced by or oidgiinatingi firorn equspmeiit that: is, used to heat, cool or dehumidify the buildling, or eqUipmant that is used to heat, water for persoinail use, by the building's, occupants or tbeir guests: (I li) "Bodily, injury'oir "'property darriage" fair which you may be held liable, if you are a, contractor avid the owner ,or lessee of such premises, Sifto or location has been added to your, policy as, an additional insured with, respect to YOUr ongoing operations performed for' that: additional insured at that pine Irises" site of location and such prerriisies, site or location is not and never was owned Or'OCCLIp,iled by, or rented or loaned 'to, any insured, other than i additionial incurred; or (fill) "Bodily infury" or "'property damage" airiisiing out of heat, smoke, or fumes from a, "hostile fire"'; (b) At or frorn any premises, site or location whicb is air, was at any tirne used by or for any inisured or others for the handiiiniq, storage, disposal,, processing or treatment of waste; 0 MI -11"I Kips (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by a, r fair: (1) Any insured; or (11) Any person air organization for whom you may be (legally responsible, (d) At or frvn any premises, site or 11olication an which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the! ""'pollutants" are brought on or to the premises, site or locationi in, coninection with, such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to; (1) "'Bodily i nju ry' or "'property da rt"tage" i out of the escape of fuels, lubricants or oth,er, operating fluids which are needed to perform the normal electrical, hydraulic or rriec[ianical functions necessary for, the operation of "'mobile equipirrient" or iits, parts, if such fuels, k,ibdoants or other operating fluids escape from a veNcle part designed to hold, store or receive them. This exception dries not apply If the ""bodily hijurV'ar "'property damage" ,arises, out: of the inteintional discharge, diispersall air release of thie fuels, lubricants or other operating fluids, or if such fuels,, lulbrl,cainIs or oi operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being pleirformed by such insiured, contractor air subcontractor; (11) "Bodily injury"or ""property damage" 8u8tainedi w[tNin a building and caused by the release of gaises, fumes air vapors, from materiais biro,ught into thiat building in coinnection with operations being performed by you or on your behAtf by a contractor or" subcontrii, or (M) "Bodily, injury' or "'property darnage" ,arising out of heat, srnoke or furinies from a, "hostile fired; or (e), At or from any premises, site or location on which any insured or any contractors or subcontractors workinai directly or inidii ep .. RAMwagmedDMsiun behatif are perf Jy? N\° REVIEWED & APPROVED BY.- F04C"�" P, VX*vd RtWjanagementftalpt operafions are to test for, moiniftor . clean up, remove, containi, treat, dietoix.ify or neutrallize, air in ainy way respond) to, or assess the effects, of, 141poIllutants". (2), Any loss, cost or expense arising out, of any-, (a) Request, demaind, order or statutory or regulatory requirement that any insured oir others test for, monitor, c1leani up, r8mlove, contain, treat, detoxify or neutrallize,, or in any way respond tq, or assess, the effects of„ 141pollutiants"; or (b) Claim or sti iby or on behalf of a governm,enta] authority for darinages because of testing for, rrioniitoring, cleaniing up, removing, containing, treating, detoxifying or neutralizing, of in any may responding to, or assessing the effects of, "p011uitants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have iiirr the absence of such irequieis,t, demand, ,order or statutory or regulatory requirement, or such claim or ""suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "'property daimage" arising out of the ownierShip, rinainteinaince, use or entrustment to others of any aircraft, "auto" air watercraft owned or operated by or ranted or loaned to any iinsured. Use includes operation and "loaffling or unloading"". this exr,4,isloini applies even if the clairnis against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monlitofing of others by that insured, if thie "accurrence" which causedl the "bodily injury" car "property damage" involved the ownership,, maintenance, use or entrustment to others, of any aircrat, "auto" or watercraft that is, owined or operated by air rented or loaned to any instired. This exclusion does not apply to: A watercraft whileashare on prerniises You own or rent: (2), A watercraft you do not own, that is. (a), Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3), Par Ikingian, "auto" on, air on the ways next to, prernises you own or rant, provided the "auto'" is not owned by or ranted or loaned to you or the insured, Page 4 of 21 (4) Liability asauimed under any "insured contract"" for the ownership, maintenance air use of aircraft air watercraft; (5) "'Bodily injury" air "property darnage" ahsing out of." ,(a) Theoperation of mactninery or equipment that is attached to. or part of, a laind vehicle that wo,uld qualify kinder the definition of `rniobfle equipmenC' !if it were, not, subject to a colimpulsoiry or finiancial responsibility law or other motor vehicle insurance law where iit iis licensed or phincipaifly garaged; air M The operation of any of the machinery air equipment ilisted iin Paragraph Q2) air f '(3) of the definition of "lmiobiile equipri or, (6) An aircraft that is not lmanned by any iins,uireid and is hired, chartered or loaned with a paiid crew. However, this exceptia,,n does not apply if the iinsiured has any other insuirance for such ""(bodily injury" or "'property damagie", whether the other insuirance is piriimairy, excess, contingent or on any other basis. hIMobile Equipmerrit "Bodily iinjury" or '"property daini arising out Of: (1), The transportation of "ni equipment" by an "auto" owned or operated by or, rented air loaned,to any insured,, or (2) The use of "mobile equipment" in,, or while iin practice for, air whilebeing prepared for, any prearranged racing, speed, demolition, or stunfing actiivity. ii. War "Bodily injury" or "property damage', however caused, arising, directly air ind irectly, carrot of: (1) War", including undeclared or" civil war,, (2), Wairlike action by a military force, including action in hindering or defending against' ani actual or expected attack, by any govemment, sovereign air other authority using military personnel or other agents,, air (3), Insurreclion, rebellion, usurped power, or action taken by governrriientall authority in hindering air, dieferiOng against any of thiese. J. Damage'T'o Property "Property d1amage" to,: tl Property you own, rent. air occupy, including any costs air expenses incurred by you , or any oth - air entity, for ep .. RAMwagmedDMsiun Jy? N,�q REVIEWED & APPROVED BY.- F04c"�" P, VX*vd RtWjanagementftalpt enhiancerrient, restoration or maintenance of such, property for any reason, including prevention of iinfury to a, person or damage to another's property; (2) Premises you siell, giive away or abandon, if the "property dairnage" arises out of any part of those premises; (3) Property loaned to you, (4), Personal property, in, the care, custody or, cantrol of the ins,ured� (5) That particular part of real property on which you or any oontractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property darriage" anuses out of those operations; or (6) That Iparticullar, part of any property that rnust be restored, repaired or replaced because "your work,"' was incorrectly performed on it. Paragraphs (3), and (4) of this excluisiioln do not apply to "property damage"' (other than damage by fire) to, premises, in,oluding I'he contents of such premises, rented to yo,u fora period of seven, or fewer consecutive days. A separate limit of insurance applies, to, Damage To IPreurnuses Rented To You as, described iin Section III - ILiimiits Of IInsuirance. Paragraph, (2) ofthis exclusion does not apply if the promises are "your wofk" and were never occupied:, rented or fteld for, rental) by you. Paragraphs (3) and 1(4) of thus exclusion do not applly to "'property damage"' arising from, the use, of elevators, Paragrziphis. (3), (4),, (5) and (6) of this exclusion do not apply to Iliabillity assumed undeir a sidetrack agreerneint, Paragraphis (3) and 1(4) of this exiclusion do not apply to "properly damage" to borrowed equipment while not being used to perform operations at the job, site, Paragraph, (6) of this exclusion does not apply to, "property damage"" included in the .1 products-corripleted operations hazard'% k. IDamage To Youiir IProdu.mct "Property darriage" 'to "your, product." arising out of it or any part of it. 1. IDamage To Youiir Work "Property damage" to "your work" arising out of ut or any part of it and included in the "prod ucts-com p leted operations hazard"". This exolusion does, not apply if the damaged work or the work out of which the damage arises was performed on your ibehalf by a subcontractor, m (Damage 'To Impaired Property Or Property Not Physically Injured "Property damage'" to "impair8dl property' or property that has not been physically injuired, arising out of: (1l) A defect, deficiency, inadequacy or dangerous condition in "'your piroduc" or "lyouir work"; or (2), A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its, terms. This exclusion does not apply to the loss of use of other property arising out of sudden 2nd accidental) physical injury to "your product" or "YOUir work" after it has been put to, its intended use, m Recall Of Products, Work, Or Impaired Property Darnages, clairried -for any loss, cost or, expense incurred by you or, other's for the loss of use, withdrawal, reicafl, inspecti an, repair, replacement, adfustrnient, rernoval or disposai of: (1I), "Your product"; (2), "'Your work": or (3) "Impaired property"; if such produict, work, or property is withdrawn or recalled from, the market or frorn use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, o. Personal And Advertising Injury "Bodily injury' arising out of ""personal and advertising injury'. p. Access, or Disclosure Of Confidentiall Or Personal Information And Dat,a-rellated Liability Damages, arising out of: (1l), Any access, to, or disclosure of any peirson's or organization's confidential or personal information, including patents, trade secrets,, pirolicessing methods, customer lists, financial information, credit card information, heaKh iiniformakilon or any other type of nonpublic inforniatioinil or (2), The loss of, loss of use of, darnage to, corruption of, inability to access, or inability to manipulate electironic data, This exclusion applies even if darnages are claimed for notification costs, oredit monitoring expenses, lerensic expenses, pubfic relations expenses or any other loss, cost or expense, incuir ull hv vau nir n-thArAz airising out of that RAMmVmedDMsiun Paragraph (1) or (2),6 Jy? N,�q REVIEWED & APPROVED BY.- , VX*vd RG 00, 01019 16 Wsk Pjanagement Analpt However, unless Pairagraph (1) above applies, this exclusion does not apply to damages because of "bodily iinjury"', As used in this exclusion, letectronic data means information, facts, or Iprogiramns stored as or, on, created air, uised on, or transrnitted to or from computer software, including systems and apphicatibins softwaire, hard or floppy disks, CD-ROMS, t,apes, drjives, cells, data processing devices or any other media whictt are uised with electroinJcally controlled equiprinenit. q. Employment Related Practices "Bodily injury"' to: (1) A (person arising out of ainy "employment - related p,racfiQes`;1 or �2) The spouise, eftild, parent, biroth,er, or sister, afthat person, as a consequenice of"bodHy injury" to that person at whom any ..i ert"ilploynieri't-,rel,a,ted pracdoes" are directed, i exclusion applies: (1) Whether the injury-calusing event described inthe definition of"erniployrnient- r0ated practices" OCCUNS before ernployment, during employment or, after, employrnen't oftbat persona� 1(2) Whether the insured may be Hable as an employer or in any other capacity; and (3) To any oblJgafion to shiaire darnages with, or repay someone else who, must pay damages because of the injury r. Asbestos (11), "'Bodily injury" air "property diarriage" arising out of the "asbestois, ha,zard". (2), Any damages, Judgments, settlernents, loss, costs or expenses that: (a), May be awarded or incurred by reason of any claim or suit alleging actual) or threatened injury or daimage of any nature or kiind to, persons or property which, would not have occurred in whole oir iin part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, ni clean up, remove, encapsulate, contain, treat, detoxify or neutrafi7e or in any way respondi to, or assess the effects of ,an, `asbestos hazard"; or (c) Arise out of any cla4n or suit for daimages because of testiing for, nioniftoring, clleaningl up, rernioving, encaips,Jating, containing, treating, Page 6 of 21 detaxifyingi or neutralizing or in any way respoindling to, or assessing the effects, of an "asbestos, hazard". s» Recordinndl istribution Of Material Or, Information In Violation Of Law "Bodily injury" or "property damage" arising directly air indirectly out of any action, or ornissloini that violates or is allegied to violate: (1) The Telephone Consumer Protection Act JCPA), inCtUding any arniendment of or addifionto such, llaw', (2) The CAN-SPAM Act of 2003, including any amendment of or addiction to SLAch law; (3), The Fair" Credit Reporting Aict (FCRA), and any amendment of or addition to, such law, includling the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federM, stale or tocial statute, ordiriaince or regulation, other than the "i or CAN-SPAIiiiiiil Act of 20013 or FCRA and their amendments and aidditions, that addresses, prohibits car fimits, the printing, dissemination, disposal. collecting, recording, sendling, transmitting, communicating or distribution of material or information. Irnage To Premises If To You - Exception For Darnage By Fire, Lightning Or Explosion Exclusions ic through Ih. and ji through in. do, not apply to, daini by fire, l'ightninlgl or explo5ion to premises whiflle rented to your or temporarily occtipiled by you with permission of the owner, A separate hirmt of insurance apphes to this coverage, as destribed in SecAiioln III - UirniAg Of linsuraince. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a-� We will pay those surris that, Die insured becomes legaily, obligated to pay as damages because of "personat and advertising injury" to which this insurance applies. We wilt have the right and duty to, defend the insured against any "'suit"' seeking those damages. However', we will have Inc, duty to defend the insured agahist. any ""suit"" see) ing dariniagies for "personal and advertising injury" to which this insurance does not apply.'We may, at our, discretioni, investigate ainy offense aind settle any (Jaimi or "sult"tbat may result, But: (11), The amount we will pay for dainiages is lilmitedl as described in Section IIIIII - ILiimiits, Of Insurance- ' and (2) Our right andduty to defend end when we have used up tl insurance in the pii ep ..cF RAMwagmedDMsian Jy? N,�q REVIEWED & APPROVED BY.- F04C.�" P, VX*vd RtWjanagementftalpt settlements under Coverages A air B, or medlical expenses under Coverage . No other obligatiloin or liability to, pay suirris, or perform acts or services is covered unless explicitly pirolvilded for under SL!ppllementary Payments - Coverages,A, and B. b. This insiuraince, applies to "peirsonaI and advertising injuiry" caused by an offense Brisingi out of youir business but: only if the offense wais comirmittedl in the "coveragle territiory"' duiriing the polli,cy peiriiold, 2. Exclusions Thies insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury"arising out of an offenise committed by, atthe direction or with the consent or acquiescence of the insured with the expectation of inflicting .1pe'rsonall and adver Using injury". b. Material Published With Knowledge Oif Falsity "Peri and advertising injury"' i out of oral), written or electronic publication, in any manner, of rria'i i�f done by or, at the direction of the insured with knowledge of its fi ic. IVaterial Pub] ished Prior To (Policy Perfod "Personal and adverbsmnq injury" ariisung out of oral, written or electronic publication, in, any manneri, of material whose first pu0cation, took place befdre tine beginning of the policy period. d. Ciriminial Acts, "Personial andadvertisiiii injury" arising out of a criminal act committed by or at the directicin of the insured, e. Contractual Liabliflity ""Personal and advertising injury" for which the insured has assumed Iliabiliity in a contract or agreement. This exclusion does not apply to fiabillity for damages that the insured would heave in the absence of the contract or agreement, f. Breach Of Contract "Personal and advertising injury"" arising out of a breach of contract, except an implied contract to uise another's "advertising idea" in your "advertisement". Quality Or Performance of goods i- Failure To Conform To Statements, "Personal anid advertisirig injury" ' arising out of the failure of goods, products or, services to conform with, any staternenit of quality or, perrori rice, made in your '"aidliverlislement". MMI X11119*11 FED. Wrong IDe,sclrilption Of Prices "Personal and adverbsinq injury" ariising out of the wroing description of the price of gloods, �prodlu,cts or services. L Infringement Of Intellectual Property, Rights ""Personal and adiverfisiing injury" arising out of any actual or allegied ini'dingieiraent. ,or violation of any intellectual property rights such as copyright, patent, trademark, trade narne, trade secret, trade i serMce mark or other designation of origin or auth,enticity-, or (2), Any iinjury or darnage alleged in any clarni or "suit"' 'that. also, alleges an infriagernent or violation of any intellectual properly right, whether such allegation of infringement or violation is made by your of by any offier party involved in, the clairni or ".suit'i regairdless of wheffier this insurance would otherwise i However, this exclusion does not apply if the only allegaborr in the claim, of "suit"' involving any intelliectual property right. is firrijited to, (1), Infringement. in youir "advertisement", of: (a) Copyright: (b) Slogan; or (c) Title of any literary or artistic work; or 1(2) Copying, in your "advertise mien 11", a personi's, or organiization's "advertising idea" or style of "adverflisemenit"', j. Insureds In Media And linteinnet Type Buisiniesses, ""Personal and advertising injury" comirnitted �by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2), Desigining or doteirrinirfling content of web sites for otheirs; i (3), An Inteirflet search, access, content or service pirolvider- However, thiis exclusion does not ap#ly to Pariagraphis ai., b. and c. of 'the definition oil, "pergoinall and advertising injury"" under the Definitions Section. For the purposes of this exclluisioiii the placingi of frarnes, bordlers or Iiii or advertising, for you or others ainywheirei on the Internet,, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting,, �k. IElectroinic Chatroorns Or Bulletin iBoards "Peri and advertiiE an ellectiroinic chatrooep ..cF RAMwagmedDMsiun Jy? N,�q REii & APPROVED Sr: F04C.�" z VX*vd RtWjanagementftalpt insured hials1s, owns, or over whichi the insured exercises control, if. Unauthorized Use Of Another's Name Or Product "Personal and advertising injuiry"' arising out of the unauthiciflized use of another's name or product in your e-maill address:, domain name or metaitags, or any other similair tactics to, mislead anotheir"s Potential customers,.. mi. IPollution "Personal and advertising injuiry"' arising ai of the actual, alleged or threatened discharge, dlispileirsial, seepage, rinigration, releaseor escape of "pollutants"at any time. M11111012=0 IMM Ainy loss, cost or expense arising o,ut of any (1) Requiest, demand, order or" statutory or, regulatory requirement that any insured or others test i monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond 'to, or assess the effects of, "pollutants", or" (2), Claim or suft by or on b6hialf of a governmentali authority for darriiiages because of testing for, monitoring, olleaniiing up, removing, containing, treating, detoxifying or neutralizing. or in any ,may responding to, or ,assessing the effects of, "plotiuitants". u. War "Persoinia] and advertising injury", however causedi, arising, directly air indirectly, out of. (if), War, including undeclared or civil war ' - (2), Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govemirrient, sovereign or other authaMy usingi military pleirsoninel or other agerits;, air (3), linsurrection, rebeillion, revolution, usurped power, or action taken by governmental authority in hiiindefingi or defending against any of these, p. Internet Advertisernents And Content Of Others "Personal and advertising injury"" arising out off; (1), An "adveritislernient" for othiers on yolur web site; (2) Placing a link to a web site of others, on your web site (3), Content., incilluding inforrination, sounds, text, graphics, or irnages frorn a, web site of others displayed within a -frame or border on your web site,, or Page 8 of 21 (41 Corniputeir code, safe or pirogiramiiming used to enable., (a), Your web site; or (b) The presentation or fuinictiloinallity of an Madveirtiserneint" or other conteint on your web, site, gl® Righit of Privacy Created By, Statute ""Personal and advertising injuiry"' arising out of the violation of ai persion's, righit of pirivacy created Iby any state or federal act - However, thiis exclusion does not aipply to liablilifty for daimages that the insured would have in the absence i of such state or federal 2CL r. Violation OfAinti-Trusit law "Personal and advertising injury"' arising Out Of a, violation of any anti-trust law, s, Securities "Personiall and advertising injury"' arising out of the fliuctuation in Ipriice or valiue of any stocks, bonds or other SeCUritiles. ti, Recording And Distribution Of Materiall Or Information In Violation Of tLaw "Personal and advertising injury"' arising diirectliy or, indirectly out of any action, or ornissloini thaitviolates or is alleged to violate: (1) The reiephone Consurner IProtection Act (TCIPA), including any amendment of or addlition to such, law; (2) The CAN-SPAM Act, of 20,03. including any amendment of or addlition to such liaw; (3) The Faiir Credit IReportiing Act (FCRA), and any amendment of or addition to, such law, lincludiing the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state air local statute, ordinance or regulation, other fli the TCPA or CAN-SPAIiiiiiT Act of 20013 or FCRA and their aimendments and additilons, that addlresses,, piroili or limits, the printing, dissemiination,, disposaill, coliectinig, recording, sending, transirinittinig, communicatingi or distribUtiOlin of material air infoirmation. u. EmployrnierrtRelatedi IPractices "Personal and adiverfiisiflg injuiry"' to: 1person arisinig out. ofany "ernpiloyrnient- relaiteld practices"; or (2) The spouse, child, parent., brother or sister of that person as a consequence of ..i peirsonaii and adliverfising injury'" to that person at whorr practices" are di cF Risk MmWmentDiAsiun Jy? 'K�q REVIEWED & APPROVED BY.- F04C"�" P, VX*vd Rusk iPjanagementAnali rhis, exok),91on apphes'. (1) Whether the inj uiry-calusing event describled iin the definition of `empl4oyment- related practices'" occurs before employment, during employmielnt or after employment of that person, (2), Whether the insured may be liable as an employeir oir iin any other capacity, and (3), To any obligation to share damages with or repay someolne else who, mius,t pay damages because of the injury., VWX71 (11), "Personal and adverfising injury" arising out of the ""asbestos hazarl (2), Any damages, judgirnents, settlements, costs or expenses fliat: (a) May be awarded or incurred by reason of any clai�r'n or suit altegiing actual of threatened injury or clairl of any nature or, kind to persons or property which, would not have occurred in whole or in, part but 'for the "'asbestos hazard", (b) Arise out of any request, demand, order or statutory or, regulatory requirement that any insured or others test for, monitor, clean up, remove,, enclapsuW,tel, contain, treat, detoxify or neutrahze or in any way respond to, or assess the effects of an "as-bestos hazaird"; or (c) Arise out of any claim or suit for damages because of testing for, moniftoring, cleaning up, removing, encapslulating treating, detoxifying or neutralizing or in any way responding to or assessing the effects, of an "asbestos, ha,zard". w., Access, Or Disclosure Of Confidential Or Personal Information "Personal and advertising injuiry"' arising out of any access to, air disclosluire of ainy person's or organization's covifidentidli or pleirsondli information, iiindluding patents, trade secirets, �processiing methods, customer financial information, credit card inforniation, health information or any other type of nainplubfic information. This exclusion applies elven if darr)ages are claimed for notificaboin costs, ael monitoring expenses, forensic expenses, pubtic relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or dlsclols,ure of any person's or organization's confidential or personal information, 0 M1 _I114 KIRR GOVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will play medical expleinges as described below for '"bodily iinjury" caused by an 2ccideint.. (11) On preiniisels, You own or rent; (2), On ways next to, premises youi own or reint; or (3), Because of your operations,' providled that: (11) The accident takes place in the "'coverage territory"' and duiriing the poliicy peiriold; (2), The expenses are incurred and reported to us within three years, of the date of the accident; and (3), The injUred person Submits to examination, at our expense" Eby physicians Of our choice as often as we reasonably require. b. We will make these payrnents regardless of fault. These payments will not exceed the applicable limit of insurance. We w0t pay reasonable expenses for (1) First aid administered at the time of an accident; (2) Necessary maned (al, surgical, X-ray and dental services, including prosthetic devices; and (3), Necessary ambulance, hospital, professional nursing and funeral services, 2. IExclulsiolns "fie l will not pay expenses for "bodlilly Injury""; la. Any insured To any insured, except "volunteer workers", b. Hired Person ro as person hired to do work for or on behalf of any insured or a, teinant of any insured, ic. Injury On, Normally Occupied Premilses, To, a person injuredl an that part of preimises you own, or rent that the persoin normally occupies. d. Workers Corrilpenisation, And Similar Ll To a person, whether or not an "employee" of any in5uir8d, if benefits, for the "bodily injury" are payable or muist be provided under a, workers! compensation or disabdity benefits law or a similar laws. le. Athletics Activities To a person injured wbile, practicing, instructing or, participating ins any physical exercises or garne� contests ep .. RAMwagmedDMsiun Jy? N,�q REVIEWED & APPROVED BY.- F04c.�" z VX*vd Risk Pjanagement Analyst f. IPlrodulot-Cornplteted Opp erations, Hazard assumed Iby the insured in the same "'insured Included within the "prodUcts-complieted contract"; operations hazard". dw The allegabons in 'the "'suit" and the g. Coverage A Exclusions inlorrnation, we know about the "'occurrence" EXC[Lided under Coverl are such that no conflict appears to exist between the interests of' the insured and the SUPPLEMENTARY PAYMENTS - COVERAGES interests of the indlemnitee; A AND 183 e the indemnitee and the insured ask us to 1. We will play, with respect to, any claim we conduct and control the defense of float investigate or settle, or any "'suit" again nst a inderninitee against such "'suit"' and agree that we dlefend: we can assligin 'the same counsel to defend la» N expenses we nn CU r, the insured and the indernnitee.- and lb. Up to $1I,000 for cost of bail bonds required f. the indemnitee: because of accidents oir traffic law A6lations (1�), Agrees, in wri(fing to: arising out of the use of any vehicle to which the Bodilly Injury Liabflity Colveraige applliies. (a), Cooperate Mh us in the inivestigation, We do not have to, furnish these bonds. settlement or defense of the "suit"; c,, "'rhe cost ofappeW bonds or bonds to release (b) iImmediately send us copies of any attachments, but only for bond arnounts demands, notices, s,unimons,es, or Ile ,all withinthe applicable limit of insurance. We do papers, received in connection wit1h the not have 'to,,furnish these bo,nds,, "suit"; d. AJI reasonable expenses incurred by the (c), Notify any otheir insurer whose insured at our request to assist us, in the coverage is available to the investigation oar defense of the claim or "suit", indemnitee; and inclulding actual lo5,s of earnings- LIP, to $5100 a (dl) Cooperate wiith us with Irespect to day because of time off from work. collordinatiing other applicable e,, AJI court oosts, taxed against the insuired In insluirance available to the indemnitee-1 the "'suit"'. However, such costs do not and include attorneys' fees, attorneys' expenses, (2) Provides us with written authorization to: witness or expert fees, or any, oth,er, expensies of a party taxed to the Insured. (a), Obtain recoirds and other information f. Prejudgment interest awardled algain,st the related to, the ",suit"-, andl insured an that part of the judgment we pay, If (b) CondaU and control) the defense of flie we, make alnl offeir to pay the applicable limit. of inidemnitee in such "suit". insurance, we will niot pay any prejudgment So long as the above conditions are met, inteirest based an that period of timie after the attorneys! fees, incurred by LIS, in the defense of offer. that inderninitele, necessary iffigatilon expenses AJI interest on the full amount of any judgment incurred by us and necessary Ifligatio,n expenses that accrues after entry of the judgment and incurred by the inderninitee at our Irllequest. will be before we have paiiid, offered to pay, or paid as Supplernentary Payments. deposited in court the Part of the judgraent Notwithstanding the provisions of Paragraph that is within the appli,caWe limit ofinsurance. 2lb.(2) of Section I - Coverage A, - Bodily Injury These payments, will not reduce the flimits of And Property Darnage Liabffity, such payInerits insiuraince- will not Ibe deerl 'to Ibe damages for "bodily Z It we defend an lins,ured against a "suft" and an Injury"" and "'property darl and will not reduce indeminitee of t ' he insured Is also named as a 'the limits of insurance party to the "suit", we will defend that indemnitee OUr obhigationito defend an insured's indernjnitee if all of the follow ilng conditions are met and to pay for attorneys' fees and necessary a. The "suit!' against the iindleminitee seeks litligation expenses as S,uppl,ernentary Paymient�s damages for which the insured has assumed ends, when,,, the liability of the inderninitee in a contract olrr al. We have used up the applicable hmit of agreement that is an "insiured cc retract"'"; insurance in the payment, of judgments or b. This insurance applies to such liabifity sett'lenients; or assIl,inied Iby the insured;, b. The conditions set forth above, or the terms of C. The obfigiation to, defeind, or the cost of the the algireelment described in Paragraph f. defense of, that inderninitele, has also (been above, are no longer ep ..cF RAMwagmedDiAsiun Jy? N,�q RE & APPROVEDBY: F04c.11 P, VX*vd Page 10 of 21 Risk Pjanagement Analyst SECTION 11 - WHO IS AN INSURED M vollunteer worker" as a, oansequence 1. If your are designated in the Declarations as of IParagraplh (1)(a), above;1 a. An iindividu4l, you andl your spouse are (c), IFor which there is any obligation to insureds, but only with respect to the conduct share damages, with or repay someone of a business of which you are the sole else who must pay damages because owner. of the injury described in Paragraphs (1)(a), or (11),(b) above, or b. A partnership or joint venture, you are an insured. Your members, Your partners, and (dl) Arising Out of his or her piroviding or their spouses, are also, insureds, but oinillywith failing to provide professional health respect to the conduct of your business. care services- ic. A, limited liabilfty company, you are an If you are not in the business of providing insured. Your members are also insureds, but professional health care services: only with respect to the conduct of your (a), Subparagraph's (1)(a), (1)(b), and (11)(c) business. Your imanagers are insureds, but above do not apply to any "employee" only with respect to their duties as your, or "vd1unteer worker"® providing first aid managors, services; and dw Ain organization other than a partnership, joint (b) Subparagrapti (1)(d) above does not venture or limited 4ability company, you are applly to any nurse, erriergency medical an insured Your "'execu,five officers"' and tectinician or pararnedit erriployed by directors are insureds, but only wiffi respect to you to provide such ser0ces, their duties as your officers or, directors. YOUr (2), "'Property darriage" to, propeirty',, stockholders are also insureds, but only with (a) Owned, occuipledl air used by, respect,to their liability as stockholders. e,, A trust, you are an insured, Your trustees are (b) Rented to, in the care, custody or also, insureds, abut only with respect to their control of, or over which pl'iyisical duties as trustees, control is being exercised for any 2. Mach of the following is also, an insured: purpose by 'you, any of youir "employees', "volunteer a. Employees And VoluinteerWorkers workers", any partner or member (if you your volunteer workers"only while are a partnership or joint venture), or any performing duties reWted to, the conduct of member (if you are a, limited liability your business, or your "'employees"', other company). than either your "executive officers"" (if you are. b. Real IEstate Manager an orgianization other than a partnership. Joint venture or linifted habililly company) or Your My person) (other than your, "employee" or managers (if you are a limited liabifity ""volunteer worker"). or any organization while company), but only for acts within the scope acting as your real estate manager, of their employment by your or while c. Temporary Custodians Of Y�oiur Property performing duties related to, the conduct of Any person or organization having proper your business. temporary custody of your property if you die, However, none of these "employees" or but only:. iii volunteer workers" are iinsureds for: (11), With respect to liability arisingi out of the 0) "'Bodily injuiry"' or "",personal and advertising maintenance or use of that property; and injury: (2) Until your legal representative has been (a), To yo%to your partners or members (if appointed. your are a partnership or joint venture), d. Legial Representative If You Die to your members, (if you are a limited Your legal irepiresentative if you die, but only liability company), to a co-'"ernployele" wiith respect to duties as, such. That while in the couirse of his or her erriployment or perforrriing duties representative will have all1l your rights and related to the conduct of your, dILIUC-S under this Coverage Part, business, or to, your, other "volunteer, e. 'Unnamed Subsidiary workers" while performing duties Any subsidli�ary, and subsidiary thereof, of related to 'the conductof your" yours which is a legally incorporated entity of business,, which yolu own a financial interest of more (b)'ro the spouse, child, parent, brother or than, 50% of the votin sisteir of that co -"'employee" or that d1ate ofthe Coverage I ep ..cF RAMwagmedDMsiun N,�q Jy? REVIEWED & APPROVED BY.- F04C.�" P, VX*vd HG 00, 01019 16 Wsk Pjanagement Analpt rhe insurance afforded herein for any subsidiary not named in this Coverage Part as a naimed insured does not apply to injury or damage wiith respect to, which such, insured is also a nainied insured under ainother pollicy or would be a, named insured under such policy but for its termination or the, exhaustion of its Ililmits of lrisurainc8, 3. Newly Acq uJI red Or Formed Ori nizatio n Any arganization you newly acquire or form, other than a partnership, joint venture, or Illlimlited liability company, and over which your maintain financial interest of more than 50% of the voting stock, wiII qL[alify as a Named Insured if there is no other similar insurance available to that orgainizatilon, However: a» Coverage under this provision is afforded only until 'the 180th day after you acquire or form the organization or the end of the poticy 1perjiod, whichever is i b. Coverage A does not aipi#ly to "bodily injury"' or "property darnage" that occurred before you acquired or formed the organization; and c,, Coverage B does not apply to `personal and advertising injury" arising out of an offense corrimitted before you acquired or formed flee organization 4. Noniownied Watercraft With respei watercraft you do, not. own that is less than, 5,1 feet long and is, not b6ng used to carry, persons for a charge, any person is an insured while operating such watercraft with your perrnission. Any other person or' organization responsible for" the conduct of such person is also an, insured, but only with respect to liability arising out of the operation of the watercraft. and only if no other insurance of any kind is available to that person or organization for this liability, However, no, person or organization is an insured with respect to: a» "Bodily injury" to, a co -"employee" of the person operafing the waterciraft;, or b. "Property damage" to property owined by, rented to, in the charge of or occupied by you or the eimpiloyer of any person who is an insured under this provision. 5w Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following persons) or organization(s) are an additional insured when you have agreed, iin, a written contract, written agreement or because of a permit issued by a state or poilifical subdIvision, thiat such person or organization be added as an additional insured on your pollicy, provided the injury or damage occurs subseq&lient to the execution of the contract or agireeiryi,ent. Page 12 of 21 ,A person air organization is ainadditional insured under this provision only for that period of firne required by the, contract or agreement. However, no such person or organization is an insured undler this provision if sucth person or organization is included as an insured by an endorsement issued by us and made a part of this, Coverage Par I.. ia. Vendors Any, person(s) or organization(s) (referred to below as vendlor), but orilly with respect 'to "bodily injury' or "property darnage"' arising out of "'your products" which are distributed of sold in, the regular course of the vendor's blusiness and only if i Coverage Part provides coverage for "bodily injury" or property darinage" included Mi the products-corripleted operations hazard". (i), The insuirance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a), "i injury" or "property damage"' for whijch the vendor is obligated to pay damages, by reason of the assumpifion of liabiillity in a cointract or agreement, This exclusion does not apply to, liability for damages that the vendor would have in, the absence of the contract or agirelement', M Any express warranty unaluthorized by you " (c) Any physical air chemicall change in the piroduct made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purposle of inspection,, demonstration, testing, or the subStitUtion of parts, under instructions from -the manufacturer, and i repackaged in'the original container; (e) Any fafluirei to make such linspections, adijustments, tests or s8irviiciing as the vendor has agreed to make or nofmaifly undertakes to, make in the usual course of business, in connection with the distriiblution or sale of the products-, (f) Demonstration, installation, servicing or repair operations, except such operabons perfornied ait the vendor's premises in (A)rinection with the sale of the product; (S) Products which, after distribution or sale by you, have been lalbeledl or relabeled or used as a cointainer, part ,or ingredient substaince by o ep ..cF RAMwagmedDMsiun Jy? N,�q REVIEWED & APPROVED BY.- F04C.�" z VX*vd RtWjanagementftalpt (hi) Todilly injury" or "°property damage" arlisling out of the solle negligence of the vendor for its own acts or emissions or thios,e of its employees or anyone else acting on its behailf. IHlowever, this exclusioin does not apply to: (1) The exceptions cantained in Sub- paragraphs, (d) or (f); or (H) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to, make in the usual course of business,, in connection with the distribution Or sale of the products. (2) "1 iim,urance does mot apply to, any insured person or oryanJzation, from wliom you have acquired such products, or, any ingredient, part or container, entering intoi, accorrilpanying or containing such products, b. Lessors Of Equipment (1), Any persiori(s) or oirgaNzaflon(s) frorn whorn, ,you lease eqUilpirnent; but o,nly with, respect to their liabifity for "bodily injury", "property dari or, "personal and advertising injury" Ctl'Used, in whole or iini part, Iby your mainiteriance, operal ' lon, or use of equipment leased to yore by sudii person(s), of organization(s), (2), With respect to, the insuirance afforded to these additional insureds this insurance does not apply to any "loccurrence" which takes place after the equipment lease expires, c. Lessoirs Of Land Or Premises Any pleirson or airganization from whom you lease Land or pirenrises, but only wiith respect to, liability arising out Of the ownership, maintenance or use of that part of the, land orr preirnises, leased to you. With respect to (lie insurance afforded these additional insureds the follming additiOnat exok,isions applly: This insurance does not apply to: 1. Any "accurren,oe" which takes place after your cease to Iease that land; or 2. Structural alterations, new construction or deiniolition operations, performed by or on behalf of such per$0r,1 or orgainization, rfw Axichitects, Engineers Or Surveyors Any arc-hitect, engineer, or surveyor, but only with respect to, flability for "biodHy iinjUry"', M property damage" or ""personal and advertising injury"caused, in, whole or in part, by your arts or ornisssons, or the acts, or MIMN X11119*1 om issJonis of those acti ngi on your behalf; (1), in connection with your premises; or, (2) In the performance of your ongioing operations performed by you or an your behalf, With respect to the insurance afforded these additional insureds, the following additionat exclusion applies: i insurance does not appjly to InjUry', "property damage" or ""personal and advertising Injury"' arising out of the rendering of or thie failure to render any professional services by or for you, including,' 1. The prepiadrig, approving, or failing 'to prepare i or approve, snaps„ shop drawings, opinions, reports, surveys,, fiend orders, change orders or, drawings and specifications; or 2. Supervisory, i nispection, archiftectural or enginelering activities. This exclusion applies even if the claims against ainy insuired allege negligence or other wirongdoing in the supervision" hiiring, employrnient, training or rinonftorinig of others �by that insured, if the "oecurrence" which caused the "i injury'" or "property darnage", or i offense whioh caused the ."personal sand advertising injury, involved the rendering of or the failure to rendler any professional services by or for you, e. Permits Issued By State Or Political Sublidivisions, Any, state or political sub,division, but only with respect to operations performed by you or, on your behalf for, which the state or, political subdivision has issued a perri With respect to, the insurance afforded these addiflonat inSiUreds, this insurance does not apply to; (1) "'Bodily injury"', "property darnage" or "personal) and adverfising injury" arising out of operations performed for the state air municipality" Or" (2) "'Bodily injury"' or "'property darrage" included within the "produicts-completed Operations hazard", f. Any, Other Party Amy oil ' her person or organization who is, not an additional insured under Paragraphs a. throu,jgh e, above, but only with respect to liability for "bodily injury"', "property damagie" or "per5oniial and advertising injury` Gaiiised, in wholle or in part, by your, acts or ornissions or the acts, Or ornissions of those acting on your behalf: (1) In the per(ormar ep .. RAMwagmedDMsiun operations; 40?i� N,�q REii & APPROVED BY.- F04C"�" P, VX*vd RtWjanagementAnalyst (2) In connection with your premises owned by or rented to you; or (3), In connection with "your work" and includled within the "products -completed operations hazard", but only iif (a), The written contract air agreement reqjUires you to provide such coverage to such additilaniall insuired; anal (b) This Coverage Part provides coverage fur "bodily iinjury"' or "'property damage" included Within the 111piroducts- completed operations haizard". I: (11), The insurance afforded to sucl"i additionat insured only applies to the extent permitted by, (law; and (2) If coverage providlied to the additional insured is required by a contract or agreement, ffie insurance afforded to such additiori insured vM not be biroiadier, than that vi you are required by the contract air agreement to provide for such addifionail insured With respect 'to, the insurance afforded to these additional insureds, this insurance does not apply to "Bodily injury"', "property daimage'" or "personal and adverUsing injury" arisingi out of the rendering of, or the failure to render, any professionat arohitectu rail, engineering of suiroeyiing services. incIrAing, (1) The prepairing, appiroviing, or failing to prepare or, approve, maps, shop, drawings, opinions, reports,, surveys, field orders, ohanige orders or drawings and specifications: or (2) Supervisory, iinispiection,, architecturdl or engineeiring activities. This, exclusion applies even iif the claims against ainy insuired allege negligence or other wirongidaing in the supervision, hiring, empiloyment, traiiniing or moinitofling of others by that insured, lif the "'occurrence" which caused the "bodliilly injuiry" or "property darnage", or the offense which caused the "pleirsional and advertising iinjiury", involved the rendering of or the failuire to render any professional services by or for YOU. The lirnifts of insurance that apply 'to additional insureds is deschbed in Section III - Limits Of Insurance, How this insurance applies when other insurance is available to the additional insured is deschbed in the Other, Insurance Condition in Section JV - Commercial General Liability Conditions. Page 14 of 21 No person or organization is an insured wit1ii respect 110 the conduct of any CUrrent or past partnership,,. Joint venture or limited liability compainy that is not shown as a Naimed Insured in the Declarations. SECTION III i- L1MITS OF INSURANCE 1. The Most We Will Pay The Limits of Insuirance shown in the Declarations and the rules bellow fix the most we will pay regardless of the niumber of:: a. Insureds; b. Claims maide or "Suits" brought, or c. Peri or, organizations rinaking d1aims or, bringing "suilits", 2. Generail Aggregate, Limit The General Aggregate I..irnit is the most we vM pay for the sum of. a,, Medical expenses under Coverag,e C; b. Darnages under Coverage A, except damages because of "'bodily injury" or, .'property darri included) in the "products - completed operations, hazard"; and c,, Damagies, underCoverage R, 3. Products -Completed Operations Aggregate Limit The Products - Completed Operations Aggregate Urnit is the most we wilil pay undeir Coverage A for damages because of "Nudity injury" and "property damage" included in the "products - completed operations, hazaird", 4. Personial And Advertising Injury Limit Subject to 2. above, the Peirsoin4l and kliverfising Injury Limit is the most we will pay under Coverage Bi for the suim of all damages because of M `persoinail and advertising uijury" sustained byany one person or orgairuzation, 5. Each Occurrence Limit Subject to 2. or 3. above, whichever aiii the Each 0ocuirrence Limit is the most,we will pay for the sum of: a. Damages under Colverage ki, and b. Medical expenses; under Coverage's because of aill "bodfly inJiury" and "property damage" arising out of any one "occurrence'"". 6. Damage To IPremises Rented To You Limit Subject, to 5., above, the Damage To, Preri Rented To You Limit is, the most we will pay under Coverage A for damages because of "property damage" to any one premises„ while rented to you, or in the case of darriage by 'hire, lightning or, explosion, while rented to you of ternporarily occupied by, you with permission of the owner, ep ..cF RAMwagmedDiAsiun Jy? N,�q REVIEWED & APPROVED BY.- VX*vd RtWjanagementftali In, the case of darriage by fire, lightAng or explosion, the If amage to, Premises Rented To You Limit aipipfies to, afl damage proxiniat6ly caused by the sainie event,, whetheir suich damage iresuults from fiire, Iliightninig or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medic4l Expense Liftit is the miost we will Ipay under Coverage C for, all medical expenses because of "bodfly iinjurV" sustained by any one persona. 8. lFlowLimits Apply, ToAdlidifional Insureds If YOU have agreed in a written contratt or written agreement that another person or organizatio-n be addled as an additional insured on your poticy, the most we will pay on behalf' Of Such additional insured isthe losser of. ai» The lirr"rits of insurance specified in the written contract or written agreernent; or, b. The Limits, of Insurance shown in the Dedarafions. Such amount shalt be a part of and riot in addition 'to Limits of Insurance shown in the Declarations and described in this Sectiort, The Uirnits, of linsurance of this Coveragie Part apply separately to each, consecutive afinival period and to any remaining period of less than 112 months, starting with the beginning of the policy period shown hii the Dedlarations, unless, the polliicy period is extended after issuance for an additional period of Less than, 12 months. In that case, the additional period MH ibe deemed part of the ilast preceding periodl for, purposes of determining the Limits of Inisurance, SECTION IV - COMMERCIAL GENERAL UABILITY CONDITIONS t Bankruiptcy Bankruptcy of insolvency of the insured or of the insuredli's estate will not relieve us of our oblilgations undeir this Coverage Part.. 2. Duties In The Event Of Occurrence, Offense, Claim Ot Suit a. Notice, Of Occuirrence Or Offense You or any additionail insured must see to, iit Mat we are notified as soon as practicable of an "acturren,ce'" or an, offense which may result in a claim. To the extent possible, notice should include: (1) Holw, wheni and where the wo,Gc.urrence" or offense toak plla,ce',, (2), The names and addresses of ainy injuired persons and witnesses; and (3), The nature andl locatlloini of any injury'mar damage arising out of the "occurrence"' or offense. MIMN X11119*11 If a, claim is made oir "suit" is brought againist any insured, you or any addibon,41 insured Must: (1I), Immediately record the specifics of the clainii or "suit"' and the date received; and (2), Noldfy us as soon as practicable. You or any additilonaill insured must see, to iit that we receive wriitten notice of the claim or %uit!'as sooin as practicable. c. Assistance And Coopeiration Of The Insured You and any other involved insured must: (1l), Irrimediately send us copiies of any deimiands, notices, surnmonses or legal) papers received in connection with the clairn or "suit"; (2), Authorize us to obtain records and other information',, (3), Cooperate with us in the iinvestigation or settlement of tine clairn or dofenise against the -suit""„ and (4), Assist us, upon our request in, flie enforcement of any rigiht against any person o'er ofganization which im,ay be lia,bte to the insured because of injiury or darriage to which this insurance may also, apply, d. Ob ligat! ons, At The I ns uireds Own Ccyst No ins,ured will, except at that insured's own cost, vok,rintarily make a payment, assume any obligation, or incur any expense, other than for first aid. withouit our consent, e. Additional IIInsuredls, Other linsurainice If -we cover a claim or "suit" under this Coverage Part that may also be covered by other instirance available to, an additional insuired, suich additional insured must submit such, claim or "'suit" to, the other insurer for defense and indemnity, However, this, provision does not applly to the extent that youi have agreed in a written cointract or written agireemleinit that thiis insiuraince is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b., applly to you or to any additionall iinsuredl only when such occurrence", offense, clairn or, "'suit" is known to�. (1), You or any additioniall inStrred that is art individual, (2) Any partner, if insured is a partne ep ..cF RAMwagmedDiAsiun Jy? N,�q REVIEWED & APPROVED BY.- F04c"�" z VX*vd Rtiementftali (3) Any manager, if you or the addition6ll insured is a limited Hab4ity company; (4), Any ""executive officer' air insurance rnainager,, if you or the additional insuired is a corporation; (5) Any trustee, if you or the additional insured is a trust-, or (6), Any elected or appointed official, if you or the additional insured is a pofiticW subdliiviisiioln or public: eintity.. This duty applies separately to, your and any additional insuiired, a No person or organization has a right under this beverage Pi, ia.� To join UIS as a pairty or otherwise bring us into a "suit"" asking for darnages from an insured,,, or, b. To sue us on this Coverage Partunless all of its terms have (been fu I I y complied with , A person or organization may sue LIS to recover on, an agreed setilloment or ori a finaf judgment against an insureds but we will not be liable for damages that are riot IpayaNe un,der ffie terms of this Coverage Part or ffiat are in excess of the appl[Gable line of insurance, An agreed settlement means a settlement and release of liability signed by us, Oie insured and the claimant or the cla,imant's legal representative. 4. Other Insurance If other valid and ootlectible insurance is available to the insured for a foss we cover under Coverages, A or B, of this, Coverage Part, our obligationsare limited as followsry a. Primary Insurance This insuraince is primary except when, lb. below applies. If other insurance its, also primary, we will share with alit that other insurance by the miethod described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other ba8jis:� (11), Youir Work That is Fire, Btended Coverage, Builider's Risk.,, Installation If or similar coverage for'" ou.ur work.'i ,(2) Premises iRented To You That is 'fire, lightning or ex#onion insurance for, premises rented to you or temporarily ocoupied by you with permission of the owner; (3) 'Tenant Liablility That is insurance purchased by you to cover yoiuir liability ag a teinant for "property daimage"' to, preirnises irented to you or temporarily occupied by you with permission of the owner; (4), Aircraft, Auto Or Watercraft If the loss arises o,ut of the Maintenance or use of aircraft, '"autos" or watercraft to the extent snot subject to, Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability, (5), Property Diarnage To Borrowed Equipment Or Use Of Elevators If the loss airises out of "property damage" to borrowed equipment or 'the use of elevators to, the extent not subjoct. to Exclusion j. of Section I - Coverage A - BodHy Injury Arid Property Diarriage Liability," (6), When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for darriages arising out of the pro rnises or, operations, or iproducts ,and oornpl,eted operations, for which you have been added as an additional insiured by that insurance; or (7), When Yoiui Add Otheirs, As An Additional InsuredToThis Insurance Any other ins,urance availabite to an addifioinali insured, However. the folicii provisions apply to other insurance avaHaWe to any person or organization, who is an additional linsured under this coverage part, (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written cointract or writtain agreement that this insurance be primary, If other insuiraince is also pirimairy, we will share with all that other insiuraince, by the, method described in c. below. (b) Primary .and Ton- ontr➢ibuitory To ether Insurance When Required By, Contract If you have agreed in a written contract, written agreemeint, or perrnJit that thIs insurance is primary and non- contributory wiith 'the additionai insured's own insurance, this insurance is Apr irriary are' lixtra i IIII i seek contribution froi ep .. RAMwagmedDMsian Jy? N,�q REVIEWED & APPROVED BY.- F04c.�" P, VX*vd Page 116 of 21 RIA Pjanagement ftalpt Paragraphs (a) and (b) do not apply to other insurance 110 which the addifionat insured has been added as an additional insured. When thiis insurance is excess, we will have no duty under Coverages A or B to defend the insuired against any "suit" if any other insurer has a duty to defend the iinsuired against that "suit". If no other insurer defeinds, we will undertake to do 5o,, but we will be, enUtiedl to the insuired's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the arnoluint of the loss, if' any, thait exceeds the sulm of: (1l), The toil,M arriounit 11"lat all such other, insuirance would Ipay for the loss, in the absence of this insurance and (2), the total of all deductible aind self-iins,ured amounts under ail) that ether insurance. We will sbaire the remaining ioss, if any, with any other insurance thiat is not described in thisxcegg Insurance provision and was not: bought SpedfiCailly to apply in excess of the Limits of Insuranceshown in the Declarations of this Coverage Part., c. IMethod Of Sharing If all of the other iinsurance permits cont,riibludon by equ4i shares,, 'we willll follow this method also. Under this approach each insurer cointribiates oqual amounts until it has paid its applicable )unfit of insurance or intone of the loss, remains, whichever comes first. 11'any of the other insurance does not permit contribution by ectual shares, we will contribute by limits. Under this miethod, each insurer's share is based on, the ratio of its apipficablie limil ' of insurance to tbie total apipficable limitsof insuranice of all insurers, 5. Preirrillurn Midit a.� We wilt compute alt preMILAims, for this his Coverage Part hii accordance with our rules and rates, b. Premium shown, iin this Coverage Part as advance piremilurn is a deposit prerri ody. At the close of each audlit period we will compute the earned piremium for that period and send notice to the first Warned Insured_ Thedue date for audit and retrospective preirriums is the date shown as the due date on the bill, If the surn of the advance and audit prerniums, paid iior, the policy period is greater than the earned premium,, we will return the excess to the first INlarnedl Insured, c. 'The first Named Insured must keep, reoords, of the information we need for premilum 0 IMN -11"I KIPS computation, and send tis copies at such tunes as we may request. 6. Representations, a, When You Accept This IPollicy By accepting this policy, you agree, (1) The staternents sin the IDeclarations, are accurate and complete; (2) Those statements are based upoin representations you made tam us; and (3), We have issued this policy in reliance upon your ire piresie nta tions, b. Unintentionall Fallu, re T Ip isclose IHazards If tinintentionally you should fall to 65,close all ihiazlards, relating to the conduct Of Your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part ibecause of such failure, 7. Separation Of Insureds Except with respect to the ILinnits of Insurance, and any rights or dutles specificaky assigned in thiis Coverage Part to the first Named Inistired, this insurance apphes'. a. As if each Named Insured were the only Named Insured; and b. Separately to, each insuired against whorn claim is made or "suiV' is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recov,M If the insured has, rights to recover all or part of any payment, iincluldingi Sup#lernientary Payments, we have made undler this Coverage Part, those rights are transferred to uis. The, insured must do, nothing after ioss, to impair thern. At our request, the insured wiilll bring "suiit" or transfer those rights to us, and help UIS enfbrce thern. b. Waiver OfRights Of Recovery (Waiver Olf Subroglation), If the insured has wairved any rights of recovery, against any pi or, organization for, all or part of any+ Ipayment, indiLding Supplementary Payrrients, we have made u1ndeirthis Coverage Part, we also, waive that 6ght, provided 'the insured waived th,eir rig[its of recovery against such, person or organization in a contract, agireerrient or perimit that was executed prior to the injury or damage, 9. When We Do INot Renew If we decide not to renew this, Coverage Part, 'we will mail or deliver to, t shown in the Declaratior ep ..cF RAMwagmedDiAsiun 40? N,�q REVIEWED & APPROVED BY.- F04C.�" z VX*vd RM RiA Pjanagement Anali nonrenewal not less, than 30, days before the expiration date. If nofice is mailed, proof of maifinq will be sufficient proof of notice. SECTION V - D E FINIT IONS 1. ""Advertisement"" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods,,, pirodiucts; or services, through: a. (1) Radio; (2) Televisione (3), Billboard; (4), Magazine,' (5), Newispaiper; or b. Any other publication tbiat is, given widespread pubtic distriblubon. However, "adverlislernent'" does not include', ia» The design, printed material, inforritijaition of images contained in, on or, upon the packaging or, labeling of any goods or products or b. An, interactive conversation between or arnong persons through a computer netrwork- Z "Advertising idea" means, any idea for an "advertisement"" 3. "Asibestosi hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form, 4. "'Auto"' means: a. A land motor vehicle, trailer or semitrailer designed for travel on, public roads,, including any attacbed machinery or equipment; or b. Any other land vehicle that is, subject to a compulsory or financial responsi b 11 illy laiw or other motor vel-ricle inisurance law where it 15 licensed or principally garaged. However, "auto" does not include "imobile 8quipiment", 5. "'Bodilly injury" means physicak, 0. Injury; b. Sickness; or c,. Disease sustained by a person and, if arising out of the above, mental anguish or death at any tirne. 6. "Coverage territory" means: a. The United Stales of America (including its territories and possessions), Puerto Riico and Canada; b. International waters or airspace, but only if the injury or darnage occurs in the couirsie of travel or trainsportation, betweein, any places included in a. above, or Page it 8 of 21 c. a other parts of the world if the injury or darnage arises out of: (11), Goods, or products made or sold by you in the territory describled in a. above�-, (2), The activities of a person whose hoinie is in the territory described in a. above, but is away for a, short time on your business-1 or (3), "Persoinal and advertising injury" offoins8 that take place through the Internet or similar electronic means, of communication provided the insuired's responsibility to pay damages is determined in the 'United States of America (including its territories and possessions), Puerto Rico or Canada,, in a "suit"on the merits according to the substantive law, in such territory or in a, settlement we agree to. 71, "Employee" includes a, "leased worker"'. "Ernployee" does riot include a "'terniporary worker". 8. "'Employment -Related Practices," rneans�� ia-� Refusal to employ that person,,, b "Termination of that per5on"s employment; or c. Ernployment-reliated practices, policies, acts or ornissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humillation, discrinnination or maliclotis prosecution directed at that person, 9. "'Executive officer"" means a person holding any of the officer positions created by your charter,, constitution, by-Wws or any other similar governing document. 1O."Hostille fire" means, one which becomes uncontrollable or breaks out from where it was intended to be. 11.,"Impaired property" nieains taingibile property, other than 'yo,ur product" or 'i work", that cannot be used or is less useful becausw a. It incorporates "your product"" or "youir work" that is, known, or thought to be defect[ve, deficient, inadequate or danigerous; or b. You have failed to, fulfill the terms of a contract or agreement,; if such property i be restored to useby the repair, replacement, adjustment or Irelmoval of 11 your prodluct" or "'your work", or your fulfilling the terms of the contract air agreement. 12.'"Insured! contract" rineans. ia» A, contract for a lease of Ipremises, However', that portion of the contract for a lease of preirnises that indemnities any person or organization for clarniage by, fiire, lightning or, explosion to, prernisieS,i M6illa ri i, le) ynj� ny ternporarily occupied I - Risk MmRgmadDMsiun of the owner is sut� 40? N1 REVIEWED & APPROVED BY.- F04c.�" z VX*vd Risk Pjanagement Analyst Piremiges Rented ro, You Limit described lint Section III - ILilmnilts of Insurance; lb. A, sid etrack. agreemo nt , c. Any easement or license agreement including an easement or license aigre,ement in connection with cxnistruction air demolition operations an or 50 feet ofa railroi d. An obligations, as required by ordirrance, to indeiminify a municipality, except in connection with work, for a municipality; e. M, elevator maintenance agreement f. That part of any other contract or agreement pertaining to your busineiss, (iinclulding an indiamnificabon of a municipality in connection wiith work performed for a municipality) under which your aissurne the toirt fiabillity of another party W pay for ""bodily iiniury' or "property darnage" to, a third person or organization, provided the "bodily injury" or "property d1arriage" is caused, in whole or, in part by you or, by those i on youir behaif. Tort liability rneans a liability that would be imposed by llaw 4,1 the absence of any contract or agreement. Paragraph f. includes that part all any contract ,or agreernent that indemnifies a railroad for "'bodily injury" or "'property damage" arising i of construction or deimalition operations, witffin it feet of any railroad property and affecting any ra,droadl biridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does, not incluide that (part of any contract or agreernent., (1l), That indemnifies an architect, engineer or surveyor for injury or damage aris,iing out of: (a), IPreparirngl, approVing, or i to prepare or approve, rrraps, shop drawings, opinionis, reports,, surveys" field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the pidimary i of the iinfury or darnagie,-, oir (2), Under which the insured, 0 an architect, eingineeir oir surveyoir'. aSSUrnes Iliabiliity for an injury, or dairinage ansiing out of tho insured's rendering or failure to render professional services, including those listed in (1), above, and supervisory, inspection, architectural or engineeringactivities, 13."Leasied workeir" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to, perform duties, related to the conduct of your business, ""'Leased worker"' doeis, not include a "ternporary worker". MMI XMIKIPI U."Loading oruinloading" means the handling of proiperty� a. After it iis moved from the place wMere it is accepted fair movement into or ointa, an aircraft, watercraft or "i lb. Wli it iis in or on an aircraft, watercraft or "i or ic. Whfle it iis being moved from ain aircraft, watercraft or "auto,"to the place 'where it is finally delivered; but "lloading or unloading" does not indlude the movement of property by meanis of a mechanical deviice, other than a hand truck, that is not attached to the aircraft, watercraft or "auto'". 15,"'Mobile equipment" means, any of the following types of land vehicles, inCtUding any attached machinery or equipment: a, Bulldozers, farm rriachineiry,forklifts and other vehicles designed for use princip,afly off public roads; b. Vehicles maintained for use solely on or next to, prernses you own or rent;, c. Vehicles that travel on crawler treads, d. Vehicles. whether self-propelled or aoit, maintained primairily to, provide mobflity to pen,flanently mounted: (1), Poweir oranegi, shiovels, loaders., diggers or dh0s: or (2), Roads construction or resurfacing equipment suc.h as graiders, scrapers or rollers; ei. Vehicles not described iin a,., lb., c. or d. above that are not self-propelled and are In primarily to provide mobility to permanently attached equipment of the foilowiing types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysi,c6l explioration, lighting and wall seirviecing equipment; or (2), Cherry pickers and simiillar devices used to raise air lower workers; f. Vehicles not described iin ai., lb., C. or d. above maintained primarily for purposes other than) the transportation of persons or cargiol. However, self-propelled vehicles wiith the following types of peirinianently attached equipment are not "mobile equipment" bUtWill be considered "autos": (1) Equipment. designed Ipriiumroarily for., (a), Snow rerriova I.,,, (b) IPoadl rinaJintenance, but not construction or (c) Street cleaning resurfacing or ep .. RAMwagmedDMsiun Jy? N,�q REVIEWED & APPROVED BY.- F04C"�" P, VX*vd RtWjanagementftalpt (2) Cherry pickers and sir illar devices mounted on autornobile or truck chassis and used to raise or lower workers�; and (3), Aiir compressors, pumps and generators, including spraying, welding, building cleaning, gieophysi,c,61 exploration, lligihting anvil well servicing eqdipiment. However, "irriabile 8quipirri does not include any land vehicle that is subject to, a compulsory ,or finainicial responsibility la:w or other motor vehicle insurance law where iit us licensed or principally garaged, Land vehicles subject to a compulsory or flinaincial responsili law or othierr motor vehicle insurance law are considered 1. autos", 16,"Occurrence" meanis an, accident" including continuous or repeated exposure to substantially the sarne general harnii-ful Conditions. 17,"'Personall and advertising injury"' rrieans injury, incluuding consequenfl,61 "IbodCly injury", arising out of one or more of the following offenses: a, False arrest', detention or imprisonirnent; b. Malicious prosecutionm c,, The wrongful eOctio,in from, wirongiful entry into, or hwasloin of the right of private occupancy of a room, dwelliing or premises that a person or organizat ion, occupies, comirnittedi by or on behalf of iii olwner, landlord or lessor; d. Oral, wnittein or electronic publication, iin any manner, of material that slainclers, or libels a person or orgaNzation or disparages a person's or organization's goods, products of services; e.� Oral, wiritten, or electronic publication, in any mannier, of material that violates a persoirt"s right of privacy; f. Copyingi, iin your "adverflisement"', a person's or orgainization's "advertising idea'" or style of M advertisement": or gi. Infringement of copyright, slogan, or, title of any literary ar artistic work., in your .1 advert isem e in't". 18."Poflutaints" mean any solid, kquid, gaseous or therrnall irritant or contanilinanit, including smoke, vapor. soot,, furnes, acids, alkalis, chemierWs ancl waste, Waste includes materia,ils to be recycled, reconditioned or reclairned, 19."Piroducts-completedi operations hazaii a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arlisOig out of "your product" or "Your work" exoept- (1i), Products that are still in youir physical possession; or Page 20 of 21 (2) Work that has not yet been completed or abandoned, However, "'your work" will be d8eri completed at the earliest of the following times: (a), When all of the workcalled for in your contract has been completed, (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site - (c), Whien that (part of the work done at a job, siite has been put to its intended use by any person or organization other than another contractor or subcoritractor working on the same project or that may need service, irriaintenance, correction, repair or reptacernent, but wl"iicti is otherwise cornplete, will be treated as completed b. Does not include "bodily injury"' or "property d1arnage" arising out of, (1i), Thie transportation of property, unless the injury or dlamage arises out of a condition, in or on a vehicle not owned or operated by,you, and that: condition was created by the "'loading or unloading" of that veNcle by any insuredi: (2), Thee existeace of tools, uninstalled equipment or abandoned or unuised materials: or (3) Products air operations for which the cliassifirAition, histed In the it eclaraltons or in a policy SchedUle, states that produicts- oornplei operations are subject to the Generall Aggregate Limilt, 20."Property darnage"' means: a. Physical injuiry to tan gible property, including ali resulting loss of use of that property, All such loss of use shall be dleemed to accuir at the firnie of the physical injury that caused it; or b. Loss of uise of' tangiblo property 'that is not physically injuired, All suich loss of use 81h6NIl be deleini,ed to occuir at the firne of the "oliccuirren,ce" that caused it - As uised in i definition, computerized or electronically stored data, programs or software are not tangible property. IElectrork data n"reans inforn"ration, facts or, prograrris: a,, Stored as or oin; 4, Created or used end or c,, Transmitted to or from" computer software, inii applications software, he ep ..cF RAMwagmedDiAsiun Jy? N,�q REVIEWED & APPROVED BY.- F04C"�" z VX*vd RtWjanagementftali THIS ENDORSEMENT CHAIN GES'TIME POLICY. PLEASE READ IT CAREFULLY. i AI'll pig I iff, 0 0, �w 1;�� ' 1 0 0 k 11 . "ZI L. L. d Foos A: 'L L- n E. Policy Number 83 WE CE0623 Endorsement Number: Effective IDate: 05/112120 Effective hour is Me same as stated on the Information Page of the pollicy. Named Insured and Address: SAFEBULT LLC INTERWEST CONSULTING GROUP 3755 PRECISION R. ST 140 PO BOX 10 LOVELAND CO 8,0538 BOULDER CO 8,0308 We have the right to recover OUr payments from anyone liable for an injury covered by this policy. We will not enforce our right against, the person or organization named in the Schedule, This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule, RIC199" Any Iperson or organization from whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH. NJ or for any M01 construction risk COUntersignEK1 by cF RAMwagmedDMsiun N,�q RE�AEWED & APPROVED BY.- P, VX*vd Form W'C 00 03 13 Printed in U-S,A- Process, Dae. 05/11,120 P o I i c y' E) 6-01 W—Fl� WA Pjanagement Analy5t [/7