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Home My WebLink AboutAPPRISS INC. f/n/a VINE COMPANY 1C - 2004AGREEMENT TERMINATION ~ .a ~ ~ ;~ Please complete this form when the attached agreement is no longer in effect. -:~, ,_ 43 Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have. any ~,,,~ questions. ti" r ~ _"Wr The agreement with ~~nr1~5_,.~e. -~Kl~ l/~yt~,Q.l2c,~ , No. N~o ~j ( ~ was completed on ~' 3 I / U ~- ,and final payment has been made. Department: )(~ 17 ~. ~ Z.caut 20~ Signature:, ' 11~~.~ FK-~~--- N 2~7C73- 0~5 Date: ~' `~ /`-,~ N ?~Q 1-2.~ N zc~'•} t~4 N ~~ ~y~ City of Santa Ana zaD Revised 8-7-0~ ~~~ Clerk of the Council '"" AGREEMENT TERMINATION " h 1'\ 2: ~ , . _.' .,., Please complete this form when the attacheu agreement is no longer in effect. j\ ,., Return form to the Sr. Deputy Clerk of the Council (M-30).. \Call 647-5238if.yoo have any \l " questions. Li- . - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The agreement with ~n ~ was completed on CI.:- -So -0 Y , No. J..! -,}.oot/-r3'l , and final payment has been made. Department: ~\'UL en;, B)\J)I)A ))'1 !'-'n'/'O' l\-&d~Jo .f....., ' "01 -lJ '-.-t R ~~ -""':'0. t.:vn Signature: Date: Revised 8-7-03 City of Santa Ana Clerk of the Council . N-2004-139 iNSIJ~ANCE ON FilE WORK MAY PROCEED UNTIL INSURANCE EXPIRES :~ -15-05 CLERK OF COUNCil DATE: 1/- r? -0'-/ THIRD RENEWAL OF SERVICE AGREEMENT C/ Pb h~CAL THIS THIRD RENEWAL OF SERVICE AGREEMENT, is entered into on \ 0<:--\ O<-{ , 2004, by and between APPRISS, Inc. flkla the Vine Company ("Service Provider") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement No. N-2001-201, dated May I, 2001, (hereinafter "said Agreement") by which Service Provider has provided victim notification services. B. The parties have twice renewed said Agreement to provide services through September 31, 2004. C. In accordance with the terms and conditions of said Agreement, the parties wish to renew the Agreement for an additional one-year period. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Renewal of Service Agreement, the parties agree as follows: I. Service Provider and City agree to renew the Agreement for one year, beginning October I, 2004 and ending September 31, 2005. Service Provider shall continue to provide victim notification services as described in said Agreement. 2. Section IV b., Fees and Commissions, shall be amended to reflect an adjusted Recurring Operational Fee of $689.00, for the twelve month period commencing October I, 2003. The total compensation to be expended pursuant to this Renewal of Agreement shall not exceed $8,268.00 during the renewal term. 3. Except as hereinabove amended, all terms and conditions of said Agreement and Renewal shall continue in full force and effect. II II II ,. .' IN WITNESS WHEREOF, the parties hereto have executed this Third Renewal of Service Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: I , ." '-~..c:. p~TiI~ACÉ¿;{~r ./ a Clerk of the Council é\ I I '2 I ¡ / / / ,/ I tlv~v,J '" ¿ tee- ~, DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By, ~ Cc"C li" d1 Laura Sheedy Assistant City Attorney APPROVED AS TO CONTENT: nt Sales \J)~~ð- PAUL M. WALTERS Chief of Police , -.,--, APR.. 6.2004 . ~' 3: 13PM NQ.293 P.2/31 , ß.ÇfJJJJ}.. CERTIFICATE OF LIABILITY INSURANCE I gAT!: IMMtDDIY'r'I 4/0ð/04 IOIDDUCI1R .l~-S4""1343 THis CERTIFICATE IS ISSUED AS A MATTER OP INfORMATION UNDERWRITERS SAFETY & CL I' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1700 EASTPOINT PARKWAY HOLDER. THIS CEIITIFICATE DOES "'OT AMEIiID. EXTEIiID OR 4I.TEA 'l'HIi COVERAGE AFFDRDeD BY THE PO"ICIES ßELOW. P.O. BOX 23790 LOUISVilLE, KY 40223 INSURERS AFFORDING COVERAGE n'URfD Apprlss Inc. N- :J.Pfll,dW¡ INtl.l""''''1 ST. PAU" FIRE &. t.1ARIN~ INS. 10401 Linn Station Rd, Stø 200 N,';'pp)..-þÿS tISU~OR.; Louisville KY 40223.3842 N - .;I/Þ3, IJ). ""LlIU!"~ INllJRIiR etl INCURER ... COVERAGES THE PO"ICIES OP NSU~ANC£ LlSTID 8ELOW HAVE 8iiN ISSUED TO THE INiUAIC NAMED AIOVl POll THE POLICY PERIOD INCICAm. N01WlTHSTANDIN( ANY REOUIREMENT. TBlM all CONDITION OF ANY CONTllACT OR OTHIII DOCUMENT WITH RESPECT TO WHICH THIS CEATIFICAH MAY IE ISSUED 01 MAY PERTAIN. THE INSUß,l.NC£ AFFOIIOEO BY THE PO"'CliS CESCRIIŒD HEREIN IS SU!JeCT TO A"L THE TlIIMS, EXCLUSIONS AND CONDITIONS OF SUCt PO"ICIIS. AGGREGATE LIMITS SHOWN MAY HAVE IIIN REDUCED IY PAID CLAIMS. IN ".,. OP IN$UMNCI! POlICY NUMID PO~tCY ¡FÆCTI A......, u..,1iY T500801308 3/1 S/04 CCMMiR"AI. GINERAI. "A.1l!TY CLlJMI: M.'¡O, W oeCUfl :311 S/05 UM/r. IACH OCCU""'Et'C1! . r;q"E DAMA.OI!! fMV ~I'I' fil'll) J 0000 "4ø:O EXfIIAn IIInl ."OPI) . G!N'L AGCJREOATE LIMIT APPliES Mft PC "" . I.OC A AUTDMD.I~ UAIIIUTY ANY AUTO A"" Clw.IÞ AYTCe SC~ ¡CUlED A!lrO e X ~IFI¡Q ,l.lJTC6 X NON.CWNE= AllTOS Plf!lSOI"AlIIr. ACV I~JURY G¡;¡tJ~AL AGOAGGATE ~Ct1UCTS. COMP/OP AQI3 . 10 0 2ðOOOOO TEOOB01309 31' 5104 3115/05 COM81NEO 811,.,aL.f~IMIT lillccfd8rttJ 1000000 ¿!c:., ,LtC'.' '~'ry , ) 3~ DOOII.Y INJLft'r IPUPlf1lClI1J SODII..Y INJUI'\Y IPtrlllcldlf'lll PRDPERTY ~AGIi 'ttlrlcCllIl!lnd GARAM UAAlLlTV AhIY AUTO AUTO ONLV. ¡" ACCIOI!NT ~ UACC , AOIJ . OTH!I'1'I1.AN A.IJTOONLy: A iXCtIII.IAIIU'TY X =CQ.J~ 0 CIA'''. "~ÞI TEOOao13011 3/15104 3/15/05 IACH QCCUIWNŒ AGG~EGATII . 10000000 CICUCTlII.I X RmNTION A WONUfII CONlI'BtSAT1PN MIll ft.4PUWFA14 UAIIUTV WVA0803235 3/1 5104 3/1SIOI1 "- E, l. ãACI'I Aec~EtIr f..I.. DISEASE. EA B\o4PLO~¡ . 00 ~ OTH!R 1'ECHNO"OGY ERROA! II,\., DrtlAlI-,QUCYLlMlr . 0000 TEOO.!!O I 309 3/1 eJ04 3/15/05 DElCAlnlON Qr ONIIAlIDNlIJ,DCA'1ICNlJVEHIClEIJEXCLIISIDNS ADDU) IV INDOMIMINT,.,II;:IAi,IIItQVJlIOIII SEE ATTACHED AODITlONA~ INSURED ENDOASEMIiNT FOR COMMERCIAL GENERAL LlABIUTY POLICY. $2,000,000 EACH 0 CCURRENCIi 000 AGGR!GAT CE FlOATS HOLDER ADDmONAL IN8UHED; WSURI!R Ln'I"'Þ; CANCILLATlON IHOUI.D MfY OF TJiEi ABaVI ðli.SCNnD P'OUClII lIl;ANCILLED ErClÆ ". ~~11(\I DAT& 'n8A1OI'. THIIC&ulNG INIUIIDI WILL 1!N~IiAVIO'" TO MAlL--1Q.. DAY.! WIII'T'TRfoJ lrIIan~1i: 10 THE CERTlfICA'TI! HGLClER HAM", TD TIE LEFT. IIUT '4ILUAI!! TO DO- sa .HAlL IMIIOII! NO OIUØATIEIN DR LlAIIL,", OF "N~ II.INØ ,JIUiI ,..... INIURlUt. IT. A.ðJrc'l'I 0" ... A"'" A D """'INTA E ~ It AOeRO CORPORATION 1988 SANTA ANA POLICE DEPARTMENT M.ael #50 CIVIC CENTER PLAZA SANTA ANA. CA 92703 ACORD 25-S 171871 5- 59 " APR.. 6. 2004 . ' 3:14PM NO. 293 P.3/31 IMPORTANT II the certifioatl holder Is In ADDITIONAL INSURED. th. pollcy(llsl must b. mdors.d. A stotement on this certificm dae5 nat oonfer rights to the cerrlfialte hold.r in lieu of such endorsement's). If SUBROGATION IS WAiVeD. subjoot to the terms and conditions of tha polley. canain pDlicies mlY require an endorsement. A stltlmsnt on thle cenlficate dos not confar rillhts to the cert/floate hardar In lieu of suah Melorum.mls!. DISCLAIMER The Certificlrs af InlUr,noe on the reverse sid, of this form dollS nor constltuta I aantreot bl!ttween the issuing insursr(II, luthorized rspra.entarive or producer, 8I1e1 the certificlltl holdar, nor does it effirmativlly or nellatlvefv Imend, extend or I'"r the cove..gl Ifforl/sel bV the policis. lI!'Ied thereon, ~ 2(30 ACDno 25-5 17/17) 3:20PM ,,' ~ ~~., 6.2004 '" " 'a 8 .~' .-/ - -- . II = II . Ii . , , -~ TECHIIIOLOBY COMMERCIAL GENERAL LIABILITY PROTECnON .. " " This Insuring agreement provldas general liability prDtectlon for your business. There ar.. of course. limitations and exclusions throughout this agreement that apply to thet protection. As it result, this agrèement should be read cerefully to determine the extent of the coverage provldld tD you IInd other protected persons. ~ 8 I- a " " NO. 293 P.4/31 Þsnld .. ... M " Table of Canløn1s Whal Tills Agre,ment Covers Bodily in¡lIry and property damage IllIbllity. Personal injury Ilabll Ity. Advertising injury liability. Medical expenses. Right and dlJty to defend s protected person. Additional payments. Right to appeal a judgment against a protected person. :>: . '" .. '" ~ '" a '" 0 8 '" .. .. " 0 " When This Agreetllept Covers BDdily injlJry IInd property damage liability. Personal injury lIabifity. Advertising injury liability. Medical expenses. . Where This Alreement Covers Who Is Protected Under This Agreement IndlvldlJal. Partnership or joint venture. Limited liability company. Corporeti on or other Drgllni%8ti on. Employees IiInd voluntéèr workers. Real estate managers. landlords. Equipment I&ssors. Persons or orgenlzations for your work as required by written contract. Vendor!; of your productS. Oparltors of registered mobile equipmant. Unnamed subsidiaries. Newly acquired or formed organizations. Separ.tlon ø1 protected persons. Limits Of Cavefllle General total limit. Products IInd completed work totel limit. Personel injury each person limit. Advertising injury 8IIch person limit. Page 2 Each event limit. HDW the limits of coverage apply If 8 total limit is Jeft blllnk. 2 3 4 4 4 5 Exclusians - What This Agreement Won't Covet Aircratt. Auto. Breach of contrllet. Contract liability. ContrDI of property. Damllge to your products or completød work.. Deliberetely braakinóJ thl¡! lew. Employers liability. Employment-relllted prectices. Expected or Intended bodily injury or property damage. False material. Imp¡¡ired property. Intellectual property. Liquor liability. Material preoviously mads known or !tsed. Medical expenses of certain persons. Mobile equipment. Nuclear energy liability. Pollution InjUry or damllóJe. Pollution work !Dlle, cost, or expense. POor quality or pertormanea. Product reCIII, Unnamed partnership, Joint venture. or limited liability compeny. Wetercraft. Workers compensation and other benefits lews. Wrong price description. Olher Insurance Primary or e¡cceS$ other insurance. When this agreement is excess insuraru:e. Methods of sharing. '2 13 13 13 '3 '4 '4 17 17 18 18 18 1S 19 19 19 20 20 20 20 2' 23 25 26 26 26 26 26 27 27 27 27 27 47150 Rev. 7-01 Printed In U.S.A. Insuriny Agreement "St.P"ul Fire and Marine Insuran"" Co. 200' All Rights Reserved 6 6 e 6 a 6 , 7 7 7 7 7 7 B 9 9 9 9 10 10 10 10 10 11 l' 12 12 ?'~ -5/30 Pege , of 28 . " RPR., 5.20""" " 3:20PM NO. 293 P.5/31 IboStRIuI ;?0 c¡ÓO What This Agreemeat Cavers Bodily InJllry ahd proparly damage lIallflllv. . We'll PlY .mounts STlY prDtected pørsDn IS legally required to pay es demage. for covered bodily Injury Dr property damege that: . happsns while this egreem.nt Is in effect; and . Is caused by an event. Protected person mean. eny person or organization thet queljfles III - protected person under the Who Is PrQtected Under This Agrlément section. Bodily in¡ury rnuns any physical harm. including sickness or disease, tD the physical health 01 other persona. We'll consider any 01 the following thet hepplns at any time to be pert of such Physical harm. slckneu, or disease, if it results In or from ¡¡.Ioh physlcil harm. sloklless, or diseule: . Mentll anguish. injury, or illness. . Emotlonll distress. . Cere, loss of services, or death. We'll consider any bOdily Injury thilt's II continuation. ch-nga, or resumption of prevIously known bodily injury to hlpp.n before this agreement begins if $Utf1 continuatiDn. chenge, or resumption would otherwIse be covered by this agreement because .01 a continuous. multiple. or other coverage trigger required under the law that <lpplles. Of course, if there's a oontlnuatlon. chenge, or resumption. lifter this agresment ends. of bDdi Iy Injury thet: . isn't previously known bDdily Injury; and . happens while this Igreement is in effect; we'll ~onsider such continuation, change, or resumption to also happen while this ,¡r""ment i. In offe"t if that woUld be the' result be~euSl of a continuous. mUltiple. or other coverage trigger required under the law that appll.s. Prwiously knovrt¡ bodily In/ury means bodily Injury thet happened before this agreement begins end wu known by you or any described Individual protected parson betore this agreement begin. 8S a re.ult of ilny of the following at that time: . You or any described indIvidual prot"tsd person reporting all or pert of thet bOdily i "Jury to us or any oth sr Insurer. . You or any descrIbed Individual protectad person receiving a claim Dr suit for ell or pert of that bodily injury. . Any described individual protected person witness ins, or being told of. the b.glnnlng, or any change. continuation. or resumption. Of all or part of that bodily Injury. Described Individual pratect«l þBrson means ehy of the follow",g: . YDU or your spoose if you arl an individual. . Aoy of yo¡¡r partners or co-venturers that lire individuals, or thelt spouses, it you ere II partnership or Joint vanture. . Any of YOLlr members or managers if you lire a limited liabilitY company. . Any of your directors or executive officers It you are a corporation or other ClrlilllnIzation. . Any Of YDur employees who Ie or acts liS your illsur8ncI Dr risk manager or holds a posItion In your Insurance. risk management. or legal department. Properly damage muns: . physical Ølmage to hnglble property of others. Including all resulting loss of use of that property; Dr . loss of Use of tangible property of others thilt iSII't physically damaged. For example: One of your Bmplovees 8CCIdentally causes a fIrlfl In your prBmlS!S. The fire depanment responds and orders nearh¡ businesses to close for safety røøsons while It fights the fire. Your prernlse$ ;s heNlly damaged /1; thð fire. But nonø of the I/esrÞy bu$lneøes artt phtslca/ly damaged, As II rØ$ult. we'll çonsldBr the ptJrlDd of til71tt tho$tI bu$ln9Ssss Brtl clOSlJd due to your flrtl to bÐ loss of use Of tangIble property of others that Isdt physically damsged. We'" consider all physlc.1 damage to tangible property of others that's II continuation, change. or resumption of previously known physic-I de milS' to 47150 Rlv. 7-01 Printed In U.S.A. , ' ¡¡j APR. . 6.200<1 I ~ I' \ .,-' - II - !II I . I II - == . '.........,.' 3:21PM 0 0 0 " " t~nglb'l property of others to heppen befOre this agreement begins if such continuation, chlnge, or resumption would othBrwi$l Þe covered by this agreement because of I continuous. multiple, or other coverage tri9ger required under the law that applies. Of course. if there's a continuation. change, or resumption, after this IIgr!!lement ends. of physical damllge to tllnglble property of others thlll: . isn't previously known physical d8mege to tengible property of others; and . happens while this agreement Is ¡11 effect; we'll consider such continuation, chengl, or resumption to slso happen while this 8greement is in effect If Ihat would be the result becauIII of a continuous, multiple, or other coverage trigger required under the law that applies. 8 .. § ~. ~ n 0 '" . '" '" "' N ~ (Ij " C III 8 UJ t- N 0 0 " We'll consider all loss of use of: . damllged tangible property to hllppen lit the time of the phYlical damagl that caused It; and . undamaged tangible property to happen et the time of the event that ceused It. . '-- rang;ble prOpðrty does not include date. Pr~vlOllsly kl10Nn pfr.¡sical damage to tBIIgible property of others means physical damllge to tangible property of others that happened before tl'! Is agreement begins and was known by you or any described individual protected person before thii agreemlnt begins as 8 reiult of any of thl following at that time: . You or any described individual proteCted persDn reporting all or part of that property damage to us or ilny other insurer. . You or eny described InClivldual protected :Ierson receiving e claim or suit for ell or psrt of that prDperty damllge. . Any describad Individual protected person witnessing, or being told of, the beginning, Or any change. cOhtinuetion, or re5umptloll. of ell or part of that property damege. NO. 293 P.6/31 1hI$flllut . claim IInd suit in the Right and duty to defend II protected person secUDn; . executive officer and other orgllnization in the Corporation Dr other organization section; and . employee in the Employees and volunteer workers section. Pllrsonal InJurv liability. We'll pay emounts any protected person is legally required to pay as dllmages for covered personal injury that: . results from your business activities; and . Is caused by a personal Injury offense committed while this agreement is in effect. Personal inJufY meens injury, other than bodily Injury or edvertlslng Injury, t¡'~t's c~used by a personal inj lIry offense. PerSOllBf inJufY offense means eny Of the following offenses; . Felse errest, d.tention, or imprisonmant. . MeliclDus prosecution. . Wrongful entry Into, Or wrongful eviction from, II room, dwelling, or premises that II person occupies, If such entry or eviction is committed by or for the ¡andlord, lessor, or own.r of that room, dwelling, or premises. . Invllsion of the right Of private occupancy of a rODm, dwelling, or pramlses th~t a person occlIpies, It such illves ion is committed by or for the lendlord, lessor, or owner of thet room, dwelling, or premises. . Libel, or slander, In or with covered material. . Meking known to IIny person or orgll11ization coverld materllll that displlreges the buslnElss, premises, product., services, work, or completed work of others. . . Makinlil known to .ny person or orgBniz~tion covered mllterlal that viDI~tes e pInon's right of privacy. EVtJnt means an IIccident, including continuous or replllted exposure to substantially the same liIeneral hllrmful c:ondltlons. Covered fTJlIt,riaf means any mnerllll in any form of expression. including materiel m.da known in Or with any electronic means Of communi clition. such liS thl Intomat. 5/3Ò We exple'n the terms: 7&J 47150 Flev. 7-01 Printed In U.S.A. Insuring Agreement .St_Pllul Fire end Mllrlnll InRu...n,,,, Co- 2001 All Rioht" RA'''''ved PaD" :3 0' 2!1 '. F;1PR.,6.2004 3:21PM .....111 Advertising injury lIalllllty. WI'II pay IImount. any protected person Is legally required to PIlY as dllmages for covlred advert/sins injury that: . results from the advertising Df YOUr products, your wolf<, er YOUr completed work; and . Is caused by In advertising injury offense committed while this IIgreement il in effect. We won't consider IIdvertising, borders. or frames for or of others, or links fer or to others, chet .re on or in YOUr web site to be advertising of your products, your work, or your completed work. AdvertisIng Injury means Injury, other than bodily injury or p.reonal injury, that's caused by an advertising injury offense. AdvertIsIng injury offense means any of the following offenses: . Llbe', or shmder, In Dr with cov.recl m Iteri ai, I MakIng known to any plrson or organization covered mllter)II' tllat disparages the business, premIses, products. services, wOrk. or completld work of othlrs. ' . Making known to any person or organization coVered materiel thllt violates e person's right of privllcy. . Unauthorized use of any advertising met"rial, or any slogan or tit II, of oth.rs In YOUr advertising. Advll(tis/ng me...'!. attrzcting the attention of othere by any means for the pUrpose of: 8 seeking custDmers or sUPl'orters; or . íncrells¡I19 sales Or buslnus. AdvertIsing material means any covered mlltllrlal thllt . Is :subject to copyright Jaw; IInd . others usa ..nd intend to aUr.et attention In thair adv8rtising. Sloglln maans a phrese that others Intlncl to attract ..ttention in their "dvertl.lng. USI .nd But we won't consider sloE/an to IIIClude I phrase used liS. or III, the name of~ NO. 293 P.7/31 . sny person or organ Ization, othar thlln you; or , . any business, or any of the premises, produc::ts, services. work. or comþleted worK. of any person or organization, other than you. Title melns a nllme of 8 literary or ¡¡rtlstl/: work. We explain the terms: . cov.red m.terial in the Personal injury IIlIblllty sectIon; and 8 your pro duets. your WOrk, and your completed work In the Products and complated work total limit sactior'!. Medial explllSes. We'll pay covered medical expanses that result from bOdily Injury caused by an event that happens While this agreement Is In effect. even if the protectld persolt ian't legl!lIy rsquired to pey such expenees. MediCIII BXPM1Ses malln. the rlluonable expenses ineurred by any parson or organlzatlDn for necessary medical servicu received by e person anytiml within three years of the beginnIng date of an event that causel that perSon to sustain bodily Injury. Medical servIces includes: . fir:;;t aid received at thll time of IIn evel1t; . ambulllr'!ce and emergency care services; 8 dentlll, hospital. medlcel, r'!urslng, surgicBi. x-ray, and other health cere profe~sionel serv Ice.; . artlfici.1 limbs snd Org8ns; end . funeral servlcas. We exp/llin the term health care profess/onel servlceB In the Employaea Bnd volunteer workers seetion. RighI snd duty 10 defand II prDC8cled paTSDa. We'll have tha right and duty to defend IIny protected perso" ageinst II cl.'m or luil for InJurr or d<lmege eov.rsd by this agreement, We'l halle such ri9ht snd duty eVlln if ell of the allegatIons of the cleim or suit Bre groundless, 18'se, or frlludullnt. But we won't h'lve e duty to perform any other act or 'Irvice, "--- ~ -.c "ð ~ ¿!¿' 47150 Rell. 7-01 Printed in U.S.A. -..... ""_..1 il!!'1_- --..I ..--.-- 1__..___-- -- ............. .. II "':-1.....- ""----.--' ,.' :¡¡ 9F7R.' 6.2004 '" 0 '-" - I IE .. = .. I I i I -...-- 3:21PM § " u We'll have the right to ihvestlgate any event, offense, cl aim, or s...it to the extent we believe is proper. We'll also have the right to settle any craim or suit within: . any applicable deductible; or . the available limits of coverage. NO. 293 P.8/31 ""~....' ~ 8 .. t- g Our duty to defend protected persons ends when we have used up the limits of coverage th.t apply with the paym..nt of: . judgments; . settlements; or . medicel expenses. Claim means a demllnl:! that seeks damages. 1hoSI:II8ul Our expenses. Incur. We'll pay afl expenses we .. ... '" 0 . ~ '" 1'1 "' " ~ en 0 OJ ~ :! 8 ... t- " 0 0 u Suit means a civil procseding that S881<$ damages. It includes: . an arbitration proceedIng for damages to Which the protected person mUlt submit, or submits with our consent; and . any other .Iternative dispute resDlutlon proceeding for damages to which ths protected person submits with our consent. Ball baf/ds. We'll pay up to $2,500 of the cost of bell bonds that are required because of accidents or violations of traffic laws. But only if the accidents or violations result from the use of a vehicle to which this egreement applies. W. don't h'lve to fumi.h such bonds. Bonds to release proP6rty. We'll pay the cost of bonds to release property that's being used to secure a legal obligation. But only for bond amounts within the evailable limit of coverags. We don'[ have to furnish such bonds. Expenses Incurred by protected persons. We'll pay all reesonable expanses that any protected person incurs at our rsquest while helping us Investigate or settle, Or dsfsnd a protected person aSltlnst, a claim or suit. But we won't PlY more than $500 per day for IIIrnlng, actually lost by thl!l protecled parsOn because of time taken off from work, Taxed costs. We'll pay all costs tô\xed ag.inst any protllcted person for covered Injury or damsg. In a suit. Prejudgment interest. We'll pey the Int.rest thet accumulates before /I Judgment and Is awarded against the protected person on that part of e judgment we pay. But If we meke a lelllement offer to pay the avail.bla limit of coverage, we won't pay the prejudgmant interest that .ccumulates after the date of our offer. Post judgment interest. We'll pay all interest that accumulates on the ful' amount of that pert of a judgment for which we make. payment. But only from the date of the judgment t9 the date we pay, or deposit in court, the limit of coverega that applies to the judgment. Appølll bonds. If we have the duty to appeal a judgment th.t Includes damages covered by this agreement, and you agree we can appear that judgment, we'JI pay the cost of any eppeal bond requlrsd for that eppBal. aut only for that part of the judgment thet is for dam ages COvered by this I!Igreement and is within the eV.llable limit of coverage. However, we'll PlY, or ~ Injury or damage means: . bodily injury, ParsDn!1 Injury, or advertising Injury; or . property dam age. Offense means I!Iny: . personal injury offense; or . advertising Injury offense. AddltlDnal paymllltr. We'll hllve the duty to make only the additlonl!ll payments shown below in connection with any claim or suit undar this agreament against a protected person when we: . invesllgate or settle the claim or suit; or . defend the protected person against the claim or suit. These paymenta are in IIddltlon to the limits of Coverage. Our duty to make additional payments ends when we have used up the limits of coverage that apply with the payment of: . judgmr;!nts: . settlements; or ~ 7/30 . medical expenses. 47 Ilia Rev. 7-01 Printed in U.S.A. Ir'I$Urlng Agreement IIISt.Paul Fire I!Ind Marine Insurance Co. 2001 All RIghte Re5erved Page 5 of 28 .. . ~I7R.. 6.2004 3:22PM ~Rlul reimburse the protected par&on, for the cost of a higher appeal bond amount if we're required to do so under the law thllt applies. But we won't be the principal under eny such bond. Nor do we have to furnish any IIppeal bond. The results of IIn appeal won't change tl111 limits of coverage that IIpply under this IIsr88ment. Right III .ppeal a judg...nt Igainst I prølectell person. We'll hllve the rl sht to IIppeaJ a Judgment that we don't have a dutY to appelll. But only If the judgment: . includes damages for Injury or damagl çovered by this agreement; . IS IIwllrded in II suit for which we defend II protected person; and . is awarded Igainst thø protacted person. If we appeal SUC" II Judgment, we'll pay the following thet result directly from thllt appeal: . All expenses we incur. . All reasonable expenses that any protected person Incurs at our request while helping us with the appeal, other then the cost of e:lpeal bonds. . The cost of 2Iny required IIppnl bDnd. But only fOr thllt part of thll judgment th~t is for damlges coverld by this 2Igreement ..nd is within the IIvlllable limit of coverage. Howlver, we'll pitY, or reimbur:;e the protected person. for the cost Df II higher IIPpesl bond amount If we're requlrld to do 10 under the IlIw that epplies, But we won't be the principal under any such bond. Nor do WI hive to furnish any eppeal bond. . All post judgment Inti rut that eccumul ates on the full IImount of the judgmant. But only from the data of tlte judgment to thll date we PIIY, or dlposit In eourt. the limit of coverage thet applies to the judgment, Theae plyments lire In addition to the limits of coverilS". However, tl>e resLllts of In appeal won't change the limits of coverage that apply under this ,,¡¡reement. When This AgreelD8llt Covers Bodily InJurv IIId lroperly ".mllle Ii.bllily. We'll epply tllis agrearllent to claim:; or suits for covered bodily injury or property damegll whenevlr they're mlde or brought. NO. 293 P.9/31 ~ß ~/3() Personll I.Jury liability. We'll apply this agrlament to claims or suits for covered personal Injury whenever they're mede or brought. Advørlisilg Injury liability. We'll apply this agreement to cllllms or suits for covered advertising injury Whenever they're made or brDUght. Medicll expenses. We'll apply this agreement to coverad medical expenses only whe1 thly're reported to us within three y..rs 01 the ba¡fnnlng date of the eVllnt. WIIere 'RIls Agreement Covers WII'II apply, and meke payments under, this Dgreement: . only In the coverege terrItory; end . only for coverlld Injury or dem8ge that's caused by eventl> that hllppen, or 01fenSBs that era committed, thllrs. However. we'll also apply, and mike pl!lymlnts under, this egrtament in the Ceverage territory fer covered Injury or damlge thllt's cau¡¡ed by events which happen, or offenses which e(l commitled. In the rest of the world If the protected person's IIlbility fQr lIuch Injury or demllge Is determined in II suit on the merits in the coverage territory, or In II settlement agreed to by Us, and: . the events or offanses result from tile actlvltl.. of !I perscn WhDU home is in the coverlge territory, but Is aWIIY from there for a short time on your bLsiness; . the events result from your products that are made or sold by you in the coverage territory; or . tile offel\se:; ere committed in or with IInY electronic maana of commllnlclltlon, such as the Intlrnat. For example: You manuføcture a product in the COtIer"gB territory. It is exported to Norway. A few mr;¡!7ths later tJ Norwøglan citizM Is allegedly injured while using that prodlJCt (lnd, a8 if result, SUBS you. If the suit is brØIJght against you in the co,¡SI'agtJ territory, and It $eeks damagu for bodily injury covørød by this agrlJØment, wtlll 47160 Rev. 7-01 Printed in U.S.A. - - 1 '111. ,.. ~ '.........-.' '.,--' - Ii ill IE I I I '-" APR. 6.2004 '. 3:22PM 0 0 0 0 u have the duty to defend you against the suit and psy CO/ered demages swardød In e fudgment against you. HfNVfNer, if thÐ suit is brought against you In Norw~, or anywhere else outside of the CCNerlige terrltCN'Y, W9 wertt have a duty to defend you there. Also. we wortt have a duty to P8Y " fudgment awarded by a court ther9. even if the Judgment is IlIier recognized and enforced by a court In the CCNerage territory. Cavsrage territory me~ns: . the United States 01 America, Including its territories and possBssiona; . Puerto Rico; . Can!ld.; and . international wllters or alrsp!lcB only during travel or tramiportation betwlln any of the IIbov. places. ~ 8 ... 0 8 .. - 8 .. .. ~ ... .. IJ1 " ~ § "' ... " 0 0 u We explain the term your products Products and completed work total section. In the limit . Who Is Protecled Under Thi$ Agreement In.¡vldual. If YOII ara shown in the Introduction liS II named Insured ant! sn Individual, you and your spouse arB protected persons only fDr the conduct of II buslne5s of Which yoU are the 60le owner. Pmnershlp or Joint venture. I f you are shown in the I"troductlon III a nemed Insur.d and a partnership or a Joint venture, you era a protected person. Vour pertmmi or co- ventUrers, and their SPOUS8S, are protected persons only for the conduct of yo~r business. Umlled liability company. If you ere sllow" In the Introduction as 8 nemed insured and 8 Ilmitld liability company, you are 8 protected person. Your mambers are protected plrlons only for the conduct of your business. And your managers Ire prot8ctad persons only for their dutlac es your managers. Corparatlan or othllr araanlz8llon. I f you ere sholNn in the I ntrodl<ction as a namld insured and e corpotation or an Ot/'l8r or!¡enlzatlon, you Bre e protected parson. Vour directors Bnd executive officers are NO. 293 P.10/31 ;'ß ~(30 1IoMuI protected persons only for the conduct of their dutils as your directOrl or executivl offic:ers. And your stockholders arB protected perlons only for theIr liability as your stockholders. Other org/nfztStlon means an organization other than a corporetion, partn.rship, joint vef1ture, or limited lIaÞiliW company. £xecutivs officer means any person holding an officer position crlll8ted by the chlrter, constitution, or by-laws, or any other 81m liar governing document, of II corporation Or other orQanization. Employees and \/Glunte.r workers. Your employeas IIr. protected persons only for: . work done within the scope of their employment by you; or . their performance of duties related to the con duct of your bus i ness. And your volunteer workers are protectld persons only for activities or worle thlY conduct Dr plrform: . at your direction; and . within the scope ot their dLtisl for YOL¡o However, no employ.. or volunteer worker is . protected person for bodily Injury or personal injury to: . you; . any of YOllr pllrtners or co-venturers If you are a partnership or joint venture; . any of YOur membars or managers if you ere II limited IlabillW company; . any fellow employel; . any tellow volunteer worker or any 01 YOllr employees; or . the spouse, or any child, parent, brother, or sister. of that employee Or volunteer worker if such inj ury results from the bodily injUry or personal injury to such fellDw employee or volunteer wOrker. Nor Is any employae or volunteer worker a protl!cted person for: . IIny obligation to share damages with or repay someone else who must PIlY damages baclluse of such bodily Injury or per50nal injury; or . bodily injury or peraonal Injury that results from his or her p.rformanca of or fallur. 471110 Rev. 7"01 Printed in U.S.A. Insuring Agreement oSt.Pllul FIre and Marine Insuranc:a Co. 2001 All FI/Rhts Reserved Palle 7 of 28 APR.. 6.2004 3:23A'1 1IIIStRl~ to perform hlllalth clllrs þrof.esl DI"al services. Also, no employee or volUnteer workor is I protected person for property domage to property that's controlled by: 0 you; . "ny of your partners or co-venturers If you lire II partnership or Joint venture; . IIny of your member. or menagers if you IIr. . limited liability compeny; 0 thet employee or Iny fellow employee; or . thlllt volunte8r work.er, Iny fellow volunt88r worker, or IIIny of your employ.e.. But we won't apply the exclusions in this Employa'l !lnd volunteer workers section to: . bodily Injury thi!lt rasults from the providing of or fellure to provide first !lId Þy III" employee or volunteer worker, other thon an employed Dr volunteer doctor; or . premises dllmllge. Nor will We apply the exclusions In this EmployoBS i!lnd volunteer workers section to bodily Injury or person.1 Injury to: . any 'ellow emproyee thet results from work. other than the perfortnaoce of Or tBilur. to perform hulth care pro'eulonal servIces, by YOUr employeee who hold sup.rvlsory pOlitioos; or . tha spouse or Iny chi/d, plrent, brother, or sistlr of that tlllolN amployee If such injury results from the bodily Injury or personal injury to that flllow employes. AI.o, we won't .pply this EmploY18e snd volunteer work.rs section to the fOllowinlil protected parsona: . Your menagerS If you ers " limltld liability c:ompllny. Instead, we'll apPlY the LImited liability company flaction to them. . Your Ixecutlva offiaers If you are e corporation or an other organization. Instlled, we'll apply the Corporation or other organiution section to tham. Employee ¡ncludes e leased worker. other th"n a leased temporary worker. LtJuød work"r mellns any person who; . Is hired from an emplDyee luslng firm under I contract or 8¡¡reemant between tho hirer and that firm; and N().293 P.1V31 ftS rob'/) . Is performing duties ralatad to the conduct of th. hirer's buslne... Volunteu worker means any person who: . Isn't an employee or a lessed temporary worker; . donates his or her work; and . hon't pllid e fie, nlery, or other cDmpensatlon for that work. Empl0f6B lellSlng firm means any person or orglnintlon thllt hires out workers to others. It includes any: . employment oglncy, contrllctor, or service; . labor leulng firm; or . temporsry hl/p service. ÚM$ed temporary work., muns II ISlIsed worker who (s h[red to: . temporarily tlka thl piece of e permonent employee on 'alIVe; or . meet ..1I1&0nol or short-term wDrkload conditIons. Controlltld by means: . owned, rented, leased, occupied. borrowed, or unci by; . in the Cllre, c~stody, or control of: or . being phYllcelly controlled for any purp05a by. HeBlth cere professional services Includu: . IIny dent a', medical. mantal, nursIng, surg/cal. )(.,.y, Or other ha~lth cera professional service, Including eny edl/ice, instruction, food, or beverege provided with such earviee; . the dispensing of drugs or m.diclI or dlntal supplies end sppllances: IInd . the hendllng or trBiitment of corpses, Including autopsies, org8n donations, Ind other pos1mortem proclldures. Wa expl.rn the term pramlsas damsga In the Each event limit section. Relll estlte "Inllers. Your rul estllt. manegers ere protected persons only for thalr meneglmant of premlsas thet you rent. leas8, or borrow from others, or own. They may Þ8 persona Or orSlnrzstions. ð__- n _<It. "tn 47150 Rev. 7-01 printed in U.S.A. -_... ...-... ....-- --.... ".__1- - ... ......-- ... o. -. "-. - - ---- - -- 3:23PM , .~i'PR., 6.2004 '/:" 0 g '....-J' , '-' II I I . - - II - '-./ .. u u But we won't apply this Real eS1ate manegers section to your employees. Insteed, we'll epply the Employees and volunteer worlters S8ction to them. 8 Llndlards. Any I.ndlord. lessor, manager, or owner of II premises rented or leased to you Is a protected persDn only for the ownership, maintenance, Or use of th"t premises while YOII rent or lease It. However, no I.ndlord, lessor, manager, or owner Is a protected aerson for Injury or damege that results from ,ny of the following worlt while being done by or for such landlord, lessor, manager, or owner: . Structural chenges. . New construction WDrk. . Demolition work. .... § ~ to 0 . . 0) '" In N ~ :g .. 0 '" 8 '" .... N 0 Q u Bllt W8 won't apply this Landlords s8ctlon to your reð estate managers. Instud. we'll apply the Real estate managers section. or the Employees and volunt~er worker::; section. which!!ver aectlon ie applicable. to them. ~ Equlpmelt lessort. Any lessor or owner of equipment rented or leased to you is e prQtected person only for your operation, maintenance, or use of that equipmant while you rent or lease It. However. no equipment lessor or owner Is II protected person fer Injury or damage that result. from its sole negligence. PlrslJl. Ir Irganlzallons fDr VOUI' Wtult IS l'ICulred by written clnlr.t. Any person or organization that: . Is not otherwise a protected person under this agreement; and . you specifically agree In a written contract to add as an additions I protected person u"der this !Sgreement; Is a prot'l:ted perlon, but only for covered bodily Injury or property damage that results from ycur work. However, no such person Or organization is a protected person for bodily Injury or property damage that fe.ults from thair sole na9l1gencI. Also, such person or organizøtlon Is a protected person only for the lesser of: NO. 293 P. 12/31 ~ (f/3() 1hIStIItul . the limits of coverage written contract; or . the limits of coverage Igreement. requJred by the available under this Additional proter;teó per$C1fl may also be celled In additional Insured In that written contract. We explain the term your work in the Products and completed work total limit section. Vlnders of vour products. Any vendo r of your products is a protected person for covered bodily Injury or property damsge that results from your products, but onlY if: . you speciflc:ally agree in a written contrel:t to add the vendor 85 an additional protected person Under this agr...ment; . this egrG"ment provides coveras" for those products; ëlnd . those products are SQld or distributed In the normal course of the vendor'. business. However, no vandor from whom you've ecqulred your products is a protected person. Nor Is ,ny vendor a protected person for bodily injury or propeny damsee that results from: . any expreu Warranty which is made Þy the vendor and you haven't authorized; . any change made In the condition of any of your products by the vendor; . the repllcKaging of your products other than when the products are unpacked for demonstration, inspection, testing, or replecement of parts ordered by you or the manufacturer. and I"ter repacltllged In their original containers; . any failure of the vendor 10 perform norma! or agreed upon servicing of your products which the vendar has sold Or d I.tributed; . the demonstration, installation, or servicing of your products, wf1lch I. done away from the vendor's premlul; or . your product. whIch have been labeled or relaÞeled, or und as an Ingredient, part, or container In, on, or for anything else, by Or for tM vBhdor. 47150 Rev. 7-01 Prlnt.d in U.S.A. Insuring Agreement ooSt.Peul Pir. end Marin. Insurance Co. 2001 All Alahts Reserved Pece 9 of 28 '. . >¡pR.' 6.2004 3:23A1 1hIIfRIuI Servicing Includes ~ny adjustment. usembly, disposal, in.peçtion, repair or test. We explain the tarm your products in the Products 8r¡d completed work total limit soctior¡. Dper.lors of register.' mobile equlpllle.t. All operators of registered mobile equipment Ire protlcted persons for covlred bodily injury Dr property damllge that resul1. from their Qrivir¡g of suc:h equipment on a publÍl: street or rDad with your permission. Any plrson or Drlíanization legally responsible for the driving conduct of those operators is arso a protected person fOr such bodily Injury or property damage. But only If there's no valid lIr¡d coUectlble Dther Insurance Iveilable to COVer its liability for the operators. However. no operator or any other person or organization is a protected person for: . bodily Injury to a fellow employee of thl person driving the equipment; or . property damage to property controlled by YOI or thl employer of an operator who is a protected person. RÐgIstNed mobile «/lJlpment means mobile equipment that's registered in your neme under II motor vehlcll reglstrlltion law. We expllin the terms: . controlled by in the Employees ..nd volunteer wDrlters slction; . mobile equipment In the Mobile equipment e(clusion; end . other Insurance In the Other Inlurllnce Beetion. Unnamed lullsill¡.¡es. Any of YDUr subsidiaries, other than a partnership, jOint venture, or limited lIeblllty compeny, that isn't sholNr'1 in thl Introduatlon liS a named Insured is a protllcted person If you own more than 50% of It on the begInning date of this 8greement. However, no unnemed subsidiary Is a protected person for: . bDdily injury or propBrty damage th8t happened before you Own more than 50% Df it; 'ft:8 11 p¡.,j 3 Ì) NO.293 P .13/31 . personal injury or advertising injury thlt results frDm IOn offense thot's eommlttld before you own mDre than 50% of It; or . Injury or d~m8ge thllt's coverod by other a¡mlllr general liability I Msur.ilI:e. Own more than 50% of means own mere than 60% of tha outst¡mding voting securities representing the present right to vote for the election of directors of the organizetion. Newly lçqulrøll Dr formed IN'ganlzatlol'. Any Drganizlltlon that you acquirl or form while this agreement Is In effect thet isn't II partnership, joint vElnture, or limited liability company is I protected person If you own more than 50% of It. HOWBvar, no newly acquired or formed organization is II protected person for: . more tt.;:!n the remainder of the time this agreement is In effact. beginning with the dUe thllt you acquired or formed it; . bodily injury or property damage thot h..pper¡ed before you 8cqulred or form ed It; . personal Injury or IIdvertislng Injury that results from on offense comm tued before you acquired or form ed It; or . injury Dr damege thet's covered by othar slmllllr general liability insurzmce. S,plrlll811 of protecled persons. We'll app Iy this agreement separlltely to ellch protected person. Howlver, ell protected persons sh.re the limits of coverage shown In tne CovBrage Summ<lry. We explain how In tha Limits Of Cove rag II I.ction. Also, any right or duty specifically assigr¡ed to the first named insUred remains unchanged. We explain those rights and duties in the General Rules, which Is II þart of your pOlicy. Lillits Of Cner"l The limits of covereee shown In the Cover8fi1e Summary and the Informetlon cDntelne¡: In thIs seotion fix the most we'll pay as dlmages and medical expenses, regardless Of the number of: 47150 Rev. 7-01 Printed in U.S.A. - - -- '. , .S¡ f)('R.. 6.2004 "' " 3:24PM ..~ ',--' - .. - !II - . - - - ï !III ii - IE ---' § " " . protected persons; . claims made or suits brought; or . persons or organiations making claims or bringing suits. GenHr.' IDIaI IIrnlL This 16 the most we'll PIlY for the combined total of: . ell covlred bodilY injury and property damage thet happens in a po I icy yur; . all covered personal Injury ¡hilt's caused by all personal Injury offenses committed In a policy year; . 1111 covered advertising Injury thllt's caused by ell advertising injury offenses committed in a policy yellr; and . all covered medical e¡cpenses that result from all events that happen in a policy year. 8 .. § .. .. ro 0 ~ . ~ " "' ... ~ g - 0 ~ .. " 0 0 " Howevlr, we won't apply this limit to bodily injury or property damage that results from your products or your completed work. InneBeI, we'll apply the products and completed work total limit to such bodily injury or property dama¡jB covered by this agresment. . Policy year melne the policy period shown in tha Introduction, or the period of time ttlet thi6 ilgreemlnt iti in efflct, whichever period is shorter. But when th8t period Is longer thin one year. policy year mlõlllns eal:h of the following periods of time that this IJgreement iti in effect. starting with the beginning date of this agreemlnt: . Eleh consecutive oneo.yeer period. . Any period that remeíns efter the Isst consecutive one-yeer period. However, if the original policy period shown in the Introduction is extended for a period of les"" then one year. we'll consider IDch such extended period to ba part of the lISt polley year, regardless of th. number of extensi ons provided. ~/3/~Ò Your origInal polIcy perIod Is two years and nJ~ months long. As a result, It h~s three policy years. each one separate from thB other. The first is the first one-year ptlriod. The second Is the next one-year period. And the third i$ the remaining nine-month period. For e¡cemple: NO. 293 P.14/31 1IIoSI'RIul During the third policy year you request. and we prfWlde. twD separate extensiDns of the policy pf1riod: ð threa-month ex1tJ11slon, and then a four-l1J(Jnth extension. As a result, the third policy year b8CO(T1tJs sixteen months long and ;s still subjf1Ct to the same limits of coverage th8t applies when It was nine months long. We explain the products and completld work total limit, IInd the terms your products enel your completed work, in the Products and completed work total limit section. Products and completed work tDtal IimlL This Is the most we'll pay for all covered bodily injury and property damsge that: . results from your productti and your completed work; and . happens In 8 policy year. Your prOducts means eny of the goods or produets that ara or were manufactured, sold, hilndled, distrÞ~ed, or diSpDtied of by: . you: . oltlers using your nil me; or . any person or orgsrllutlon whose business Or .ssets you've acquired. Your produCtS inl:ludes: . all containers, eQuipment, materials, or plrts providsd with or for your products; . any warranty provided with or for your produ<>ts: . eny statement made, or that should hsve been mede, about ths durlJÞility, fitness, handling, maintenance, operation. performance, quality. safety, or use of your products; and . 1111 warnings, Instructions, or directions provided, or thet should heve been provided, with or for your produQts. aut we won't Qonsider tha fOllowing to ba your productti: . Goode or products that Ire stili In your phyçlcel possession or on 51 premise. thlt you rent, InlSe, or borrow from others, or own. . Rel!l property. . Containers that ere vehicles provided with or for your products. . Property thai's rented or leassd to others. 47150 Rev. 7-01 Printed In U.S.A. Insurin; Agreement OSt.Paul Fire and MBrine Insurance Co. 2001 All Ri\1hts Reeerved PS\1e " of 28 f,ìpR.' 6.2004 3:24PM IhoSrRù . Property that you hlven'! 'Old, but which you ~ow others to use. I'or example, " vBndlng machine. Your completfK1 work mellns your work that; . Is cDmpletld, including work that may need service, m¡¡lntenance. correction, repair, or reptllcem ent, but whl ch Is otherwise completll; or . hes bile" abandoned by you. We'll consider your work to be completed lit the ellrliest 01 the following times: . When all of the work callld for in your contract hu bee., completed. . When all of the work to be done at the work . I till has bllen complltld, if your contract clllls for work at more than one site. . When that :Ilrt of the work at tha work Sitl has been put to Its I nter¡decj use by eny person Dr organization. other than enDthar contrllcter or subcontractor workinlil on the same project, Your completed werk Includes: . IIny warranty provided with or for your completed work: . any stlltemlnt made, or that shoUld have been mlldl, about the durability, fitness, handling, maintenance, operetion, plrformance. quality, slIt.ty, or use of your completed work: Ind . III wamlng!!, instructions, or cjlreetlons provided. or that should have been provided, with or tor your completed work. ~But w. won't cDnslder the following to be \. Jyour completed work: ~. Uninsulled equipment, ebllndoned Or '\. unused materials Dr parts, or tools. . Work done In connectlDn with transporting f\) property. ,\y:>. Any prlmises or other real property that JÎI you own. . Any work done to a premises or other real property that you rent or IlIse from others. Or own. . Any work. while on a prami..s that you rent, lease, Or borrgw from others. or own. NO. 293 P. 15/31 Howev.r. we'll consider a condition crlllled In or on a vehicle in the cOLlrse of work doni In connsclion with transportinii property to be your completed work If; . the vehlcl. Isn't owned or operated by you; . the condition is created by the loading or unloading of th. vehicle by . protected person; and . the condition causes bodily Injury or prDparty dllmage. Your work means any: . work that you're performjn¡ or others are performing for you: or . service that YOU're provicjjng or others .rl providing for you. Your work Includls: . all equipmant, materillls, perts, or toola being provld.d or used with or for your work: . any sutement being m~de, or that should have been marie, about the cjurablllty, fitness. handling, maintenlnce, operlltlon, performanclI. qUlllity. safety, or use 01 your work; and . ell warnings. instructions, or direetlons being provided, or that should have been provided. with or for your work. We eXplain thl tlrm IOIl¡jlng or unloading In the Auto exclusion. Personal Inlury each person limIt. This Is the most we'lf pay for all c:overad personel I njury that; . is 8ustained by eny one person or or9lnizatlon; and . 18 caused by IlIi personal injury offenses committed in II policy year, Advertising injur, each penal IImiL This is the most wI'1I pey for 1111 coversd IIdvllrtlsing injury that; . is sustained by ilny on8 person Dr organlntlon: and . is cBused by all advertising injury offenses committed in iii polioy year. 18Ch event limIt. Thlli i. the most we'll pay for all coven¡d bodily injury, property damage, and medical Ixpenses that result from anyone event. 47150 Rev. 7-01 Printed In U.S.A. --- - ... -. .. '. '-/ -- II - - - . II - ~/ . ,~ fi1F'R: 6.21"11"14 to . " 3:24PM § C.J 0 However, the most we'll p~y for cOVered premises damage or mediè~1 expenses that result from anyone event is further limited DY the following: Premls~s damage limit. This Is the most we'll pay for all covered premises d8mage that's caused by anyone event. ...-.,< 8 I- § Prømises damage means property damsge to: . any premises that you rent, leese, or borrow from others; or . the contents of any premises that you rent from others if you rent such premises for a period of seven Or fewer consecutive days. ~ '" " !ii . '" ... '" .. - ~ !:! 0 .. 8 '" .. N 0 0 <.> Medical expenses limit. This is the most we'll pay for all covered medical expenses thet: . are Incurred for bOdily Injury sustelned by anyone person; and . r"sult from IIny one event. - . How the limIts af coverage applv If a talal limit is left !tllnk. It the amount of the genersl total limit or the products and completed work total limit Is left blank in the Coverage Summary, we'll consider that total limit to b" the s~me as the each event limit or $200.000, whichever amount is more. EJlclu.lahS - WIIat This AgrllØflleut Won't Cavllr AlrcrafL We won't cover bOdilY injury, property dnmage. or medical expenses that relult from the: . ownership, maintenlnce, use, or operation; . loading or unloading; . entrustment to other!!; or . supervision of others in or for the malntenlnce, use, operation, 10lding or unloading. Or entrustment to other$; of "ny aircraft owned, Operstet!, rented, lessed. or þorrowed by any protected person. But we won't apply this (xclllsion to the liability of another to pey damagee for bodily Injury or property dZlmag, If YOII h8ve aGsurnet such liability under II covered contract th8t: .. '''.' - .. ~. -- - - Ñci:293~"'-p:15/3i-- /%(7/]0 1MStRlul . is for the ownership. maimenlnce. or use of an alrcraft¡ and . was made before the bodily injUry or property damage hlppens. Nor will We apply thie exclusion to: . bodily Injury, property d8ml¡¡a, or medical e;o:penses that result from th¡ operZlt/on 0 f specialized equipment; or . premius damsge. Also, we won't apply this exclusion to bodily injury, proparty damage, or medical expenses that result from the Use of 11'1 aircraft chartarlid by a protected person if: . the aircraft is chartered witl1 crew, including a pilot; and . the protected person Isn't using the elrcraft to carry þersons Or property fOr II charge. We e)(plaln the terms: . covered contract In the CDntract liability exclusion; . entrustment to others. Jo~dlng or unloading, IInd ¡;upervision of others, in the Auto exclusion; . premises damage in the Each event limit section; ¡¡nd . specialized ilqulpment In the MODile equipment exclusion. Aula. We won't cover bodily Injury, property damage. or medical Etxpenses thet result from the: . ownership, malntenancl, use, or operation; . loading or Unloading; . entrustment to others; or . supervision of others In or for the maintenance. use. operation, loading or unloedlng, or entrustment to others; 01 any !luto owned, operated, rented, leased. or borrowed by any protected person. ellt we won't apply this exclusion to bodily Injury. property damllge. or medica' 9xpen,es that result from the p.rkin9 of an auto on II premjses, or on the ways neXt to such premises. If: . the premise$ is owned, rentld, leased, or borrowed by you; ¡lnd . the nuto isn't owned. rented, leased, or borrowed by any protected person. 47150 Rev. 7-01 Printed in U.S.A. Insuring Agreemlnt EII:...k........ Þ-...-...ø....."" 1::1....... .,~ ""oF ")ð 4'11~" D..¡I ~Ip" ......-1 '''..pl...- I........._~_.ro ,...... .,nn. A II '. 8,1"R: 6.2004 3:25PM 11IISrRIuI Nor will we IIppty this exclusion to: . bodily injury, property damage, or medical expenses that result from the operation of 'peci.li~ed eq~ipment; or . premises damllge. /!ufo means IIny land motor vehicll, traillr, or semitrailer that's d.signed for travel on public streets Dr roads. Wi'lI COnSider any machinery or equipment that's permllnently Bttllchad to 8n auto to be part of the auto. aut we won't ¡;onelder mobile equIpment to be In IIl.ItO. I.Dadlng or unlollc(;ng melln6 the handling of property: . while it's þel119 moved from thl pl¡¡ce where It's accepted for transportation; . while It's bal"" loaded, transported, and unloaded; and . until it's moved to the place wher" it's Ilnally delivered. B~ we won't consider moving property by an unattached mechanical device to be loading Or I.Inlolldlng. Unattached mechanJaal dwice Inoludes any forklift, conveyor, or other unattached mechllnicel device, other than a hand truck. Entrustment to others mellns: . the permitting of others tD ule or do Ilomethirtg; or . the givIng of something to others for safekeeplrtg. ~ Supervision of others means: \ . the directing, managing. or supervising of ~ a worker, including his or her employment, \ l1irlng, evaluation, training, or work; or . the directing, monitoring, safaheping, Dr $Ù)ervislng of any other person Or 'V~ oriilani~ation for any reaeon, '''\-\ve explain the terms: . mobile equipment and specialized eqLllpment In the Mobile equipment exclLlsion; IInd . prsmlmem damags in the Each aVBnt limit sect/on. NO.Z93 P,17/31 Breaclt af contract. W. won't cover advertising Injury that ruults frOm the hllure of any protected psrson to do what is r.qUired by a contract or agreement. Contract liability. We won't cover injury or damage for which the protectad parson has "¡SLImed liability under any contrllct or agreement. But we Won't IIpply this exclusion to injury or dllmsga for which the protected parson would have liability without the Contract or egreement. Nor will we apply this exclusion to the liability Df another to pay damages for: . bodily Injury or property dllmege custain.d by otl1ar8 if you have essumed such liability LInder II covered contract made before the bodily Injury Or proþarty damase happens; Or . personal Injury or ¡¡dvertleing injury sustained by others If you have a$SUmad SLlch lillblllty under 8 covered contract made b.foré the offen$e thai cauSl. such Injury is committed. Also, if you heve agreed under the same covered contrllct to defend, Or PlY for the defense of, IIn Indemnitee aSllinst a claIm or suit for such injury Or damage covered by this egreement, we'll defend the indemnitee agaInst the claim or suit. But we'll do so beCllu6e of tl1l1t covered COntract only if: . thet Indemnitee isn't a protected person fDr thet injury or damage; . thst claim or suit is for Injury or damage for which you have 8$sumed the liability of the indemnitee under the covered contract: . the Injury or dllmage Is covered by tills Igre"ment; . the claim or sl.Iit II mede Or broueht agaim!t you and tha Indemnitee; . WI IIr. defending you against the cr.lm or suit Under thIs iIIgreement; . III of OUr Indamnlteo defense control IInd luthorlty requirements are fulfilled; and . all of oUr indemnitee defen!le cooperation and notice rllqulrements lite fUlfilled. When we provld. that contract liability Indamnitlll defann coveuge. we'll do the fOl/owing: 47160 Rev. 7-01 Printed ;1'1 U.S.A. . 'Ii! 8i;'R; 6.2004 "' Q 3:25PM ~ . '-' - III Iii . - - I I Iii - - ~; § " ... I We'll defend the indemnitee even if all of the allegations of the claim Or 8uit ere ~roundless, hlse, or fraudulent. But we won't h~ve II duty to perform eny other act or service. I We'll P!lY all covered Indemnitee defense expenses incurred by us In connection with such claim or suit. Such payments are 10 !ldditiDn to tha limits of coverege. 8 ... § ~ However, our duty to defend the Indemnitee. or pay indemnitee defense expenses Incurred by U!, under Ihat contract liability indemnitee dehnse coverage ends when that indemnitee fails to comply with any of our Indemnitee defense cooperetion and notice requirements. It also ends when we have used up the 11m Its of coverage that apply with the payment of: I judgmEnts; I settlements; or I medical expenses. '" 0 :E . '" .. II> oo ~ ~ a 8 "' t- oo 0 0 " When we don't provide that contrect Ii ability indemnitee defense coverage for thl indemnitee, we'll pay covered indemnitee defense expenses assumed under contract Ihat: . are incurred by or far that indemnitee; and I are awrded against you in a judgment C>f agreed to by us in a settlement; as if they're amounts you're lega lIy required to pay as dem ages for inj4ry or damage covered by this agreement. Payments of such amounts are subject to thl limits of coverage. Our duty tD make .uch payments end. when we h8ve used up the limits of coverage that apply with the payment of: I judgmenls; I settlements; or I medl c e I expenses. . ~ ll/3ð We'll have the right to appeal II judgment awarded In e luit against en indemnitee If: I the Judgment Includes damages for injury or damage for which you have assumed liability under a covered contrect; I such injury c>r demage Is eQvered by this agreemant; I the indemnitee and its Insurers don't appeal the judgment; and I you agree We may seele the cooperation of that indemnlteB for such an IIppeal. NO. 293 P. 19/31 11IIStRtul If we appeal such a judgment, wa'll pay the following th8t result directly from that appael: . All expenses we Incur, . All reasonilble expenses th8t any protectad person and the indemnitee Incur at our requa.t while he¡pins us with the appeal. other thon the cos I of IiIppeal ¡ onds. I The cost of .ny required appeal bond. But only for that plrt of the Judgment th.t Is for damages covered by this agr8llmlnt and is within the aveileble limit of coverage. However, we'll pay, or reimburse the Indemnitee, for the cost of a higher appelll bond amount If we're required to do so under the law that applies. But we won't be the principal under any such bond, Nor do we have to furnish any appeal bond. I All postJUdgment interest that accumulates on the full emount of tlte Judgment. But only from the date of the judgment to the dete we pay, or deposit in court, the limit of coverage that applies to the judgment. These payments are in addition to tha limits of coverage. However. the results of an appeel won't change the limits of cover!l!ie that apply under this agreement. Covered contract means: I any easement or licenflø egreement; I any elevator melntensnce agreement; . any leese of premises, other than that plrt which indemnifies a person or organlzetlon for property demage to II premises thai you rent, le858, or borrow from D1hars; . any obligation to inclemnify a municipality that is reCuired by ordinance and Isn't connected with your work for the municipality; . any sidetrack agreement; . that pert of ¡my other contract or agreement under whi\:h you ilssume the tort liability of a municipality to pay demagu for injury or damage that results from your work far the municipality; Or . that part or any other contract or agreement under which you .esume the tort liability of another to pow dilmages far injury or damage. But we won't consider the following parts of tholfll other contracts Or 8!ireementlf under which you assume tha tort liability of 47150 Rev. 7-01 Printed In U.S.A. Insuring Agreement .St.Paul Fire and Marine Insurance Co. 2001 All Rishts Reserved Pllse 15 of 28 " 81;'R: 6.2004 3:26PM ..alii enother to pey damllgøs to be a covered contn ct: . Architect, engln..r, Dr surveyor indemnity. . Architect, enslnaer, Dr eurvlyor professional service$ by protllcted person indemnity. . War indemnity. Tort liability muns a lillblty that would be Imposed by law wlthout any COntract or !lgreement. ArcNtect, enginHl', or surveyor indemnity means that part which Indemnifies any IIrchitect, engl ne.r, or surveyor tor injury or damage that results from; 0 thl praparation or IIpproval of, Dr failure to preparl'l or approve. any drawing and specification, Dr any map, opinion, report, 611rvey, chanse order, field order, Dr sl¡op dr.wlng; or . the giving of or failure to give any direction or instruction if that giving or failure to glva is the primary cause of the injury or dllmll:ge. Architsct, englnefJr. or survøyor professional servÜ:es Þy protectad person indemnity mUns th!llt part which indemnifies IIny person or organi~atlon for injury or damage thllt results from the performllnce of or failure to perform architect, engineer, or surveyor professionel services by the proteoted pàrson who is an architect, engineer, or surveyor. Archit«:t. engIneer. or surveyor professIonal servIces Includes, 0 the preparation or IIpproval of .ny drawing ~nd specification. or any map, opinion, report, survey, changl!l order, field order, or shop drewlng; end . any IIrchitectural, engineering, inspection, or supervisory activity. War Indemnity means that part which inQen>nifie, "oy person or Or8l!nl~atiQn for bodily Injury or property damage that results from War. Indsn7nftee ntsens any persOn or organization that you have IIgread under II covered contract to Indemnify or hold narmless. ~ I C/3° NO. 293 P.19/31 Indt1n7nffH dtlfen.rtl control and authority rfJqulrt1ments means the following . requlremsnts that must bs fl1lfllled for U8 to conduot and control the defense of IIn ¡Memnltes 8gainst a claim or suit under this agreement: , . You and the Indemnitee must ask liS to conduct and control the defense of that Indemnitee eseinst the crefm or &ult under this agreement. . We must determ ine that there's no conflict between your interasts and thon of the indem"'tee, bued on the allegations In the claim or suit and on what we know about the 1actulIl and legal b88ls for the damage. being sought. . You a"d the indemnitee must alleh Dgree In writing that we can assIgn the sama counsel to defend them. . The indemnitee must give us authority in writing to conduct IInd contrDI its defense Dgslnst the claim or sllit. . The Indemnitee must give us lIuthority in writing to obtain rllcords and othar Information r81ated to the clelm or suit. . The indemnitee must agrae In writing to comply with our indemnite& defBnse cooperation end notice requirements. Indemnitee defense cooperatIon end notice requirB1Tlents meens the following requirements thDt must be fulfilled for us to continulI defending an indemnitee against I claim or suit under this agreement: . The indemnitee must cooperate with us in the irwestlgation, IiBttlement, or d.fense of the claim or suit. 0 The indemnitee must proVide us with" copy of any dem2lnd, notice, surnmons, or le¡ar paper receIved in c:onnection with the claim Dr suit 11$ soon as possible after It is received. . The Indemnitea must give notice of the claim or suIt to any other Insurer that provIdes coverage which IIpplles to the clllm Dr suit and is IV!llilable tD thllt ' Indemnitee. . The indemniteB must help us COordinate the ~ppllcatlon of other insurance that's applicable to the claim or suit and IIvallable to that indemnitee. Ind.mnitH defense expenses Incurred by us mllllns the: 47150 Rev. 7-01 Printed In U.S.A. .,' ~ 8fR: 6.2004 " 8 - - I .. == - - . - ¡;;; II .. ~ '.~ 3:26PM u u . IIttornsy fees and neCe¡;sary litigation expsnse8 incurred by us to defend an Indemnitee asain5t ill claim or suit for damases covered by this agreement; and . necessary litiglltion axpense5 incurred by that Indemnitee at our request In connection wIth that claim or !;Iult. '--.-' a .. ... 8 Indemnitee defense expenses assumed under contract meens the rellSonable IIttorney fees and necessary litigation expanses that~ . are Incurred by or for an Indemnitee to clefend itself against s claim or suit for damases covered by thle agreement; end . lire subject to II covered contract under which you have agreed to defend, or pay for the defense of, that Indemnitee against the claim or suit. .. ... 8 :>: * ... ... "' ., p 2i '" I ... '" 0 0 '-' We eXplail'l the terms: . your work In the Products snd complated work tOtsl limit section; . War in the MedicIII expenses of certlilin persons exclusion; and . other Insurance in the Other Insurance Stction. . ........ COßlrol It prapen,. We won't cover proplrty damage to the following property: . Property that you rent, lease, or borrow from others. own, or occupy, But we won't ~pply this exclusion part to premises damage. . Premises that you 1111, give away, or abandon if such property damage results from any part of those premises. But WI won't apply this e;o;clusion part to prOperty damage to premises that' are your completed work and were never occupied, rented, Or helc for rental by you. . Personal property thet's in the care, eustoay, or control of the protected person. But we won't IIpply this exclusion part to pramfus damagll. . That psrticular pllrt of real property being Workea on by or tor YOU If such property dllm~"e results from your work. . Thet particular part of IIny property that must be restored, repaired, or replaced because your work was Incorrectly performed on it. But we won't apply this exclusion part to property damage that results from your completed worl<. NO. 293 P.213/31 1heStRIut Furthermore, w. won't apply this exclusion to the liability of anDther to pey demagls for prop.rty damage, other thlln prop.rty damage to thl proþerty described below, if you have usumed such liability under II sidetrack agreement made before the property demase happens: . PropertY thet you rent or le~se from others, own, or occupy. . Premises that you sell, gíve aWIlY, or abal1don. We explaJn the terms: . premises damage in the Each event limit sscti on: end . your work and your cOMpleted work In the Produ~ts and completed Work totel limit section. D1Imlge to YOllr prodUcts or COmp11lt1ld wDrk. We Won't cover property damage to any Of your produeta that's caused by your products themSelves Or by any of their parts. For B)(ample; You manufacture x-rtlf machines They contain SIWNaf mwing parts which can brttak dwm for maf1l reasons. R8gardfess of the c811Se, we w~itt protect yuu før any propørty damage to thø part that fllils or to the rest of the x-ray machine. Nor will we cover property damage to your cOmpleted work thllt's caLlsed by your completed work Itself Dr by any of Its parts. But we won't apply this eKclullon part to sLlch property damage if: . this agreement provides ctJmpleted work liability coverage; and . your completed work that's damaged, or your completed work thet causes the property damage, was done for you by others. For exemple: ~ It//"?c! You construct s computør room in a hDspit8f ss a general cantrBCtor. Some of the work Is done by you wtJfe the rest Is done for you bý subcontractors. The computer room in the hospital is tICcepted by the owner. If it's dllmllged by /J fire caused by electriCllI wiring installBCI by II subcontractor, we won't apply the exclusion. However, if the wiring WI1S 47150 Rev, 7-01 Printed In U.S.A. InsurIng A9reement eSt~P8ul FII"p. õõInd MlIIl"inp. Inallrlllnl"':lCII r." ~nn, All Rinhtt: RDc:Þruð'" CI.~A 17 ^.f <J,Q . .. , 8F.'R. 6.2Ø04 3' 26PM 1III8tIhuI Installed by you. we'll apply the exclusion to property damage to your completed work done by you. We expleln the terms your products emd your completsd Work in the Products and completed work total limit section. Dellber.te/v breaking the law. We won't Cov.r psrsonal Injury or advertising in/ury thet resufts from: . the protect.d person knowIngly' br.eklng any crIminal law; Or . any person or orgllf1¡zatlon br8llklng any c:rlmlnal law with the consent or knowledge of tha protQcted person. EJIIpJoprs IIlblllly. We won't cover bOdily injury to en employee of the protectad )erson ariSing out of and In the COUrSe of his or hlr: . employment by the protected person: or . performance of duties related to the conduct of the protec:ted person's business. Nor will we COVer bOdilY injury to the spouse, or any child, parent. brother, or sister, of that employ.. if aU¡;:h bodilV injury results from the bOdily Injury to such Imployee. We'll apply this axc/uslon Whether the protected parson mey be held liable as olin employer or In any other capllclty, such as a property owner or product mlnufllc:turer. For eXllmple; You manutBCtura laser systems. YOlJr employø Is Injured while test;ng your product. That empl"lBfI receIves workers compensation benefits. If the employee l6ter sues you In your capacity lIS a manufacturer. allegIng that the Injury happened beC8lJSe your product was defective, we worlt protect yw. Ws' .Iso applY thIs exclusion to any obligation of th. protec:ted person to ah.re damages with or repay someone el5e Who mLlst PIIY dama!iles becauI. of bodily 1f1ury to any employee of the protected pereon. For example, Your smployee is injured In an Injection molding l1JBCh/fH accident. That employee 471150 Rev. 7-01 Printed In U.S.A. NO. 293 P.21/31 rÐCt!Jives wor/(us compensid;on b8f1Bfhs. Late', the emplrfo/tJe SU/lS the mlJnufacturer of the Injection molding milChlns allegIng that the injury happened because It did¡ft hwe enough guardIng devIces on It. If the manufacturer in turn Sues ytIU, allaglng that your faulty mslntenafICa of the machine. not the leek of guardIng dwir;s6, resulted in the employee's Injury, we wodt prott1Ct you. But we won't IIpply this exclusion to the liability of another to pay damages for bodily injury If you have auumed such liability under II covered contract made before thl bodily injury happans. We explain the terms: . covered contract in the Contract liability exclusion; and . employee in the Employees and volunteBr WDrkers section. Employmenl-rellfell practiCll. We won't cover personll' Injury to any protected per.on'e employes, prospective or former emploYlI, leesed temporllry worker, or independent ccntrector that results from any elT1ployment-related practices. For eÄllmple: You terminatf an tlmployee for flllsltying buSiness trl1Vel expenses. You explain the rl!J(tJon for thfJ terminatIon of that t!mployee to OIJB of your customers. If vour former Bmpl"IfJe 'eter sues you for slander, We wOlfr protect you. Nor will we cover parsDoIII injury to the spouse or ..,y child. parent, brothsr, or :öl!õter of thet person if such personlll injury results from any employmsnt-re'ated practice., We'll epply thle excluaion to any obll¡lItlon of the protected person to share damages wIth or to replly someone elsa who mLlst pay damages for personal Injury that results from "nv employmeht-r"¡"ted practleas. Ind(f)BI1dent contractor means any þlrs~n who Is not your amployee, but who p.rforms duties relllted to thl!! conduct of your business In the courn of that person'. independent employment in accordance with a contract between you and that person for specified services. '~ ;.1.0./; 0 3:27PM . :¡ 8¡'R. 6.2004 ~ 0 8 " , ' --' -, Ii - .. - iii .. - II II . . = - - . - - '.........." 0 0 Employment-related practices means: . ref~sal to employ; . terminstlon Df employment; or . other employment-related act, omission, policy. or practice, st¡ch as coercion, libel or slønder, demotion, discipline, discrimination. evsluatlon. hllrassment, humiliation, reassignment, or violation of a person's right of privllcy. 8 .... 8 0 .. ~ .. 0 2 . We expleln tlttl terms employee and lused temporary worker in the Employees anel voluntf!er workers section. II> ... .. .. Expected or lat,lIde. bodily I"Jury Dr property damage. We won't cover bodily Inj~ry or property dlmase thafs eXþlcted or intended by the protactad person. Nor will we cover mlildlc:al expenus thlt result from such bodily Injury. ~ " - 0 8 IU "' " 0 0 " But we won't IIpply this e¡¡;clusion to bodily injury, proþf!rty damage, or medical expenses that result from the use of reasonable farce to protect people or property. FIII.8 ml(erlal. We won't cover persDnal injt¡ry or advertising injury that results from false ml!lterial that: . was mads known by or for the protected person; and . the protected perSon knew was false when It was made known. ~ . Impaired property. W. won't cover property damage to lmpaired property, or 10 property that Isn't physically damaged, that results from: . YOUr prOducts that are faulty Or dangerous; . your completed work that Is faulty or dllnSlrolls; or . II delay or failure in fulfilling the terms' of a contract or agreement. But WI won't IPply this exclusion 10 the loss of us. of property. other than yo~r products or your completed work, th"t results from s~dden IInd accldentll physical damagø to: . your products afUr they've been put to t~elr Intendsd USIII; or . your completed work ,'lfter it has been put to its imended use. NO. 293 P.22/31 111181111111 For eXllmple: You supply an electric fTlðtor to a customer who uses it to prNIer his conveyor. The motor's shaft breaks several dsys later whll~ ~'s operating t~ cOfIIIeyor. The conveyor Isn't damaged, but your customer has extra costs bt:cause he's unable to use it until the motor is r~paired. If he sues you to r!CtJVer those costs. we won't apply the exclusion. However, if the customer dlscovørs while hooking the motor up to thø cQf1Veyor that the motor's shaft ;s broken, we won't protect you. Impaired property means tangible property. ather thlln your products or your completed work, thllt can be restored to use by nothing morll thlln: . an IIdju5tment, repllir, re:Jlacement, or removal of your products, or YOUr completed work, that forms a part of such tangible property; or . your fulfilling the terms of II contract or agreement. We expll!lln the terms your completed work completld work total your productò and In the Products and lim it S8 etl on. Intellectull properly. We woh't cover injury or damage or meQiclI1 expensu that result from any actual or alllged infringement or violation of any of the foll[)wlng rights or laws: . Copyright. . Patent. . Trl!lde dress. . Trade name. . Trade secret. . Trademark. . Other intellectulIl øroperty rights or laWI. Nor will we cover any o!har injury or dlnt8fi1e or medical expenses alleged in e claim or suit that also alleg.. any sucþ Infringement or violation. BlIt we won't apply this exclusion to bodily injllry or propertY damage that rasults from yo~r prOQucts or your cornpleted work. ~ 2"'I/J" 47150 Rev. 7-01 Printed in U.S,A. Insuring Agreement tlSt.Peul Fire and Marine Insurance Co. 2001 All Rights ReserveQ Page 19 of 28 ,. i1<F.'R. 6.200.1 3:27PM 1IIISrRIul . Nor will 1N0 apply this exclusion tD advertising injury that rasults from the unauthorized use of any: . copyrightod advertising material; . trademarked slosan; or I trademarked title; of others In your advertising. We explain the terms your products and YOUr completed work in the Products and completed work total limit IIction. Liquor liability. We won't cover bodily Injury, property damage. Or medical expenses that result from any protected person: I ceuslng or contributing to the Intoxication of any person; . selling, serving, or furnishing IIlcohollc . beverages to any person under the legal drinking age or under the Influence of alcohol; or . violating any law or regulation applying to the sale. gift. distribUtion, Or use of iI/cohol ie beverages. However, we'll apply this exclusIon only if YOU're in the bUsiness of manufacturing, distributing, nlUng, serving, or furnishing alcoholic bevereges. For eXample: You manufllCture monitorIng equlpmønt. Each YÐSr yDu host an BWt4rds banquet with an oprm bIIr for your nlfls reþrssllntlltlves. After tms year's banquet an intoxicated !}/JfJ$t Is InvolVed In an auto lICCidfJl7t. ThfI guest and several others are injured. If someone sues you, elllllglng l""t your serving of liquor caused the guest's intoxication and involvflmBnt In the accident, we won't apply the Uquor Uability exclusion MCIUU you're not In the bùsiness of serving liquor, But we won't apply this exclusion to premlllS damage. We explain II... term premises dama¡¡1¡I In the Each event lImit section. Material prevlous'v malle known or Old. We won't cover personal injury or advertising Injury that results from: . any material that was first made known before this agreement begins; Or NO. 293 P.23/31 ~ (; d.3ê . any advertising material. or any slogln or title, of others. whose unauthorized U88 In your advertising was first committed befere thie egreement begins. Medical expenses of cerl8ln persons. We won't cover medlcel expenses that are Incurrld by or for any person: . Injured while que'lfyina as a protected p.rson, other than YDur volunteer workers; . injured while perfOrming work that he or she WIIS hired to do for .ny protected person, or any tenant of a protected person; . injured on thllt pllrt of any premises that you rent or lelllle from others, Or own, and that the Injured person normally occupies; . to whom such medical eXþenses are payable, Or must be pro"ide<l, as benefits under any worlcers compensation lew, disabIlity benefits law, or similar law; . injured by YDur products or your completed \Nork; . Injured due to war; or . who refuses tD be eXBmlned as oftl!lO a~ We require, within reason, by doctors we choose. War ¡nclud.s: . decllred Or undeclared war, or Invasion; . warlike action by a military force Or other egentlS of any aovernment, soverel;n, or other auth ority; . civil war. Insurrection, rebellion, revDlutlon. or seizure of pDWer; or I Bnything done to hinder or defend egalnst such actIons. We explain the terms: . )fo/unteer wDrker In the Employaes IInd volunteer workers section; and . your prDducts and your completed work in the Producte IInd completed work total limit section. Mobill equlpmeDt. We won't CO".r bodily injury, property dama¡¡e, or medical exp.ns88 that resu It from the: . transportetion of mobile equipment bV an auto owned, operated, rented, 18IIssd, or borrow.d by any protected person; . use of racing mobile equipment; Or 4'150 Rev. 7-01 Printed in U.S.A. I!!.'!I...._- .,,'" -C ""f!"Io _h- "'___1 "".. ---" ..- "..- . ...-..... .... ...._._~- -----.- ..' &I 8F'R. 5.2004 "' " 0 8 \,-" - - -- . I . .. - . . II -= - - - '-' 3:28PM <> f,) . supervision of others In or for such transportation or use. But we won't apply thig exclusion to premises damage. \"""'.'" - 8 .. § Mobile equipfT/fmt means any land vehicle th!!!t: . is designed for U!e primarily off pUblic streets or ro ads; . is kept fOr LoIse only on or next to premises th!!!t you rent or lease from others, or own; . travels on crawler truds; . is kept primilrily for the ready movement of permanlntly attached construCtion equipment; or . doesn't trllv,.1 Linder Îts own power and is kept primarily for the ready movement of permanently attched speciali2ed equipment. ,.. 8 ::I . - on on .. ~ <=> 8 ~ ... 0 0 u . MobjJa eqUipment includes a"ny that: . I:m't described above; and . is kept prlmllrlly tor purposlS carrying people or cargo. other than 'and vehicle But WI won't consider such 8 vehicle to be mobIle equipment if it trsvels under Its own power, is operated like an auto during travel on II PLlbllc street or road, and hils permanently attllched: . specialized equipment; or . equipment designed tor snow removal, street cleaning, Or street or road maintenance - but not construction or resurfacing. Constructi(J17 equipn¡ent includes any: . grader, scr.per, or roller; or . power crane, digger, drill, lOader, or shovel. Specialized equipment means any: . cherry picker or slmiler device used to lift workers; . pump. generator, Or air compressor; or . other BqUiPmef1~. such as building cleaning. geophysical axplorstio!]. lighting, spraying, welding, or well-servIcing equipment, thst has a bullt"ln pump. generlltor. or air compressor. NO.293 P.24/31 1IIISIau1 Racing mobile equipment mlllns any mobile equiptnent while being prepared for Or used in any: . prearranged racina. speed, demolition, Dr stunting contest or activity; or . pr"ctlce for !uch cont.et Dr activity. We explain the terms: . auto. !lnd supervision of others, in the Auto exclusion; and . premisl!l8 damage in the Each event limit Section. Nllel- energy I¡aldllty. We won't cover bodily injury or property damage for which any protected person: . is also Protected Under a nucllllllr energy liabllity insurance pDlicy; or . would have been protected under such pOlicy if that policy's limits of coverage hadn't been used up. Nor will we cover bodily Injury or property demeg. that results from the hazardous properties of nuclear material and for which: . any person or organlntlon is requlrld by law to maintain financial protection in IIccordllnCI with the federal Atomic Energy Act or any of its amendments; or . any protacted plrson is entitled, or would have beon entitled had thi. agreement not been issued, to Indemnity from the United State~ government, or any of Its ."eOl:les. under any contract or agreement between the government, or any of its agencies, end any person or organization. Also. We Won't cover medical eXpenses that result from: . the hazlrdous prQpertle$ of nuclear matlrlal; Or . the operation of a nuclear fscilîty by any person Or orgenization. In addition, we won't COVer þorji/y injury Qr property datnllge that results from the hszardous properties of nuclear material when: . the nucleer materiel Is located at. or at Iny time discharges or dlsper... from, II nuclear fscillty that is or was at any time owned by any protectl!d person, or oporltld by or for Dny protected person; ~ .ril3c 47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement "St.Paul Fire and Msr/ne Insurance Co. 2001 All Riahts Reserved P"08 21 of 211 (1¡'R. 6.2004 3:28PM 1III8R1u1 . the nuclear material is contained in spent nucl ear fuel, or nuclear waste, that is or was at any tlmB possessed. handled. used, Processed, stored, tranlòported, or dispOlld uf by or for any protected plrson; or . thll bodily Injury or property dllmagll results from the furnishing by ilny protected person of slIIrvices, materials, partl. or 8quipml!!nt In connection with the planning. conlÞtructlon, meintenence, operation. or use of a nuclear fecility. However, we'll apply this exclusion part only to proplirty d.mege to the nuclear facility. IIncl any property located on the site of thlt facility, If the nuclear fecllity is in the United States of America, It I territories or possessions. Puerto Rico. or Can.de. Nuclear energy "ability insurance policy means eny nucleerenergy liability Insurance policy Issued by any of the following Drgenitations or their successors: . Nuclear Energy Liablllw Insurance Association. . MutuIII Atomic Energy Llllblllty Underwriters. , . Nuclear Insurance Association of Canede. Hazardous propsnles includes redlolctive, toxic. or explosive propenles. Nuclear ",aterial means any of the following materllls dllfinød in the fedaral Atomic Energy Act or any of Itsl amendments: . Source mlterlll. . Specie' nuçlear material. . By-product mlterilll. NucletJr facility melns any; . nuclear reactor; . urenlum Isotopes separation device or equipment; . special nuclear materIal device or equipment; Dr . nuclear waste aite. Nuclear facility includes: . the site on which it's located; . 1111 operations conducted on such site; and . all premises used for such operations. 47150 Rev. 7-0' Printed in U.S.A. NO. 293 P.25/31 Nuclør rÐ8Ctor mellns any deviclII, equipment, or machine d.alened or us ad to: . sustain nuclear flss10n in a self-supporting chain reaction; or . contain a critical mass of flu¡onabls material, UranIum Isotopes separatIon devic, or equipment means Iny device Dr equipment designed or used for: . saparatins th.. isotopes of uranium or plutonium; . proceasins or utlll~ing spent nuclear fuel; or . handling, processing, or packaging nuclur waste. Special nuclear mllterial deviC8 or equIpment means eny device Of equipment used for the processlo", hbriclltln¡¡. or alloying of special nuclear material If the total emount of such metlrlal is at any time In the custody Of any protected plrson at the premises where the devIce or aQuipment is loellted IInd is more than: . 211 grlms of plutonium or uranium 233. or any combination of those two materiels; or . 250 "rams of ursnlum 235. NuclÐar waste site mllans any structure. balin, excavation. premlaes, or plica prepared or used fDr the storage or dlspOUI of nuclear waste. Nucl8llr waste means IIny waste mllrariel that; . contlins by-product material; and . results from the operation of any nuclear reactor. or uranium isotopee separation device Dr equipment, by IIny person or organization. But we won't consIder nuclur waste to include t.ilings or Westes that result from the extraction Or concentration of uranium or thorium from any ore processed primarily for its source msterial content. Spent nuclear fuel melns any solid or liquid fuel element or component that's been exposed to radiation or used In a nuclur reactor. Y-B5 .2 Y/3¿ .........~ a" ...._._~- ----........ ..' m ~,=,R. 6.200'" 1!: 8 ~, '---" . - i . ¡¡; . - 1'1 . 1/1 II - . I ,--I 3:28PM !:J Pollution inJury Dr damlll. We won't cover Injury or damage Or medlclIl expBn~O¡5 thlll re5u\t from pollution at, on, In, or from any: . protected person's premi5Bs; . waste site; Or . protected parson's work sits. Nor will we cover injury or damage or medical expenses thllt re5ult from pollution involving any Waste pollutlnt. 'j,. U.,j/Jg - -'(,511. NO . 293 /'''/: I'.JÖ" P.26/31 ~ 8 ~ § .. H '" 0 . But We won't apply this exclusion to bOdily injury. property damage, or medical expenses thllt r..ult from: . building heating equipment fumøs, smoke, soot, or Vllpors; . contrllctor or service work materlllls fumss, gsses, or vapors: . hostile fir. heat. fumes, or smoke; or . mobile equipment operating fluIds. Nor will we apply thIs exclusion to: . bodily Injury or property dam.se that rasults frDm your products or your completed work, other than WlIst. products Or completed work; or . premlsas dllm~ge that results from fire. 'I1NStHIuI from the release of that asbestos, We wont COlIer sllch Injury. Another example: You own an ap/lrtment building. Its woodwork Is finished with paint thBt contaIns lead. Two of your renters Sue you for bodily injllry to their children allegedly caused by the lead in thøt ¡J8lnt. The children supposedly consumfKI the learl by eating chips at the paint from the windWl sills In their apartfTHJnts. We won't cover such Injury. But we wc>n't consider a ¡¡remins, site, or loc!ltlor] that isn't owned, rent lid. la8sed, borrowed, or occupied by you to be a protected parson's prem ises in connection with pOllution that results from YOur work being performed there. For example: You are hlrtJd b¡ the OWflllf of a premises to perform work there. rhe premises owner "quires you to provide it with Insurance protection for that worlc. We do so with an Bdditiooal protscted persoo endOf$ement IInder this agreement. Your work beIng perfor/T1t!d on that premises causes pollution injury or damage to happen there. Even though that premises Is owned by an 8dditional protected ¡JÐrson, we wont consider that premises to be a protected per sods premises for purposes of determining your coveraglt1, or the premlsfJs owners coverage. for that injury or damage under this agreement. Waste site mallns any premises, sit.. Or loclltlon thllt Is or WIIS lit any time used by or for any protected person or othars for the handling, storege, disposal. processing, or trelltment of waste. I'or example; For several years waste generated by your manufacturIng business was disposed of in a IBlldfill owned by others- ThfJ landfill WBS closed two years ago. Nearby residents IJOW allege that theyre being injured by the wllste from there. Wet wont erNer sllch injllry. Protected person's work site ma!lns any premises, sltl. or locltlon .t. on, or in which work Is being p.rfOrrned by Dr for any protectld person when: . '" "' '" " ~ - 0 '" 8 o.u ... .. 0 0 " .. . PollutIon means any actulIl, alleged, or thre~tened discharge, dlsperSllI, eS~liIpe, migration, release. or seepage of eny po lIutent. Pollutant means eny so lid. liquid, gueous, or tharmal irritllnt or contllminant, Including: . smoke, vllpors, soot, fumes; . !lclds, alk.lis, chemicals; IInd . WElste. Waste ¡"cludes meterlllls to be recycled, recondItioned, or reclaimed. Protected persorts premises mellns eny premises, site. or location thllt II Or Was III any titTle owned, rented. leased, borrowed, Or occupied by any protected person. For example: You sold an office buildIng two years ago. It contains asbe~DS ceiling tile that released asbestos Into thd ilir while YOII owned It. A former tenant now sues you for bodily injury that tJllegedly resulted 47150 Rev. 7-01 Printed in U.S.A. Insuring Agreemant GSt.Pllul Fire end Marine 'n.urance Co. 2001 All Flights Reserved Page 23 of 2ð '. ~fR. G. zø04 3:29PM 'IIIoStRlul . the pollution involves e polluUnt thllt is brOUght to, on, or in such premises, site, or location by or fOr the protec1ed person in connection with such work; or . the work being performed Is pDllution wDrk. For eXllmple: A subcontractor workIng for you brings lJ diesel fuel storage tank to the building site for ff~fufJlÎng of Its exci/wHion equIpment. After lJ couple of dllfS It is discwered that the tank has beðn leaking. Some of thfJ escspsd fuel Is found to have seeped into an underground Conduit and damaged the insulation on the fiber optic cables in the conduit. We wont cOlIer slJCh property damage. Wa&te pollutant means any pollutent that Is or was et env time transported. hllndled, stored, treated. disposed of, or processed liS wllste by or for: . any protected person; Dr . IIny person or organlZlltiDn for Whom you may be legelly responsible. For example: Waste generated ty your businfJSs Is trtmsported to s Isndfill by s truCker hired b( you. There Is an accident that causes the wsste to b8 spilled onto tlls road, One of the firefighters who responds to thø flCcid"nt later rJlleges that fumes from the wastfJ made her ill. We won't cOIIsr such Injury. Building helltlng equipment fumes, smoke, soot. or vapors means only the fumes, smoke, soot, or vapors that: . result from equlpm6lnt uS6Id to hlillt I building at or on ¡ protected p.rson's prBmisBs; and . lire within that building. Contrsctor or sørvictJ work mllterløls fumes, gases, Dr vapors means only the fumes, gases. or vapors that: . result from materials brought Into a building at or on II protected person's work sIte in connection with work, other than pollution work, being performed there by Dr for you; and 47150 Rev. 7-01 Printed in U.S.A. ""--- ""~ -.. ...... -....- "'_._1 -. - ---' ..-."-- 1.._., -..-.. -. ............ all ""_L_- "--------' NO. 293 P.27/31 ;Ph 2C,(3õ . are withl" that building. Hostile fire heBt, fumes, or smoke mS2lns or'lly the heat. fumes, or smoke thet result from e hostile fire at. on, in. or from: . the protected p.rson's premises, other thlln II waste site; or . the þrotected perscn's work site, otl1er than ill waste site, but only If the hostile fire doesn't result from pollution Work being performed by or for the protected perlon. HOMile fire meens a fire that: . becomes uncontrollable; or . breaks out from where It we:; b8. intended to Mobile equIpment operrJtlng ffulds means only the fuels, lubricants, or other operating fluIds thllt: . Ire part of the mobile equipment being malntlllned, operated, or u6ed In connection with work. Dther then pollution work, bslng plrformed by or fOr the þrotected person et, on. Or In the protected person's work site; . lire needed to perform the normal electrical. hydraulic, Dr mechanical functions neeessary for tl1e operation of the mobile equipment or any of It. Pilrts; . 8ren't Intended to be discharged, dIspersed, or released liS Pllrt of the operation of the mobile equipment or any of its parts; . aren't Intended to be discharged, dispersed, or released lIS part of the work being performed by or for the protected perSDn: and . ..cepe from a mobile aqulpm811t part designed to !'Iold, store, Or receive them. Waste products ar compltlted work means: . your products. or your completed work, that is Or WIIS handled. stored, disposed of, processed, or treated liS wast.. at, on. or in a waste site; or . your products, or YDur completed work. that is Dr was II waste pollutant: or . your completed work thet I. being used for cle8nlng up, containing, detoxifying, dispoul of. handling, monitoring, neutralizing, proçe:sslng. removing, etorlng, '.' m ~¡SR. 5.200<1 '" c .~ ""'~~J/ - ...... III - I . III . I - - - . - - ,-,,' 3:29PM g 0 .. <.J U testing for, transporting, or tre~ting any polluunt at. on. or in II waste site. ~ 8 We explain the terms: . mobile equlpmant In the Mobile equipment exclusion; . pollution work In the Pollution work loss. cost, or expense exclusion; . premius damage in the Elllch allant limit section; and . your products, your work, and your completed work In the Products and completed work total limit section. PDllutlan work lOIS, cost, or expensB. We WDn't cOlier soy loss. cost. or expense that results from; . any request. demllnd. order. Dr statutory or re!ilullStory requirement tl1111 ",ny protected person or others perform pollution work: or ... § .. - '" 0 '" . "' It> LI1 '" ~ " 0 2 ~ .. .... .. 0 0 <) . Bny clBlm or suit by or for "ny govsrnmental lIuthority for darnages th~t result from the þerforrnllnoll of pOlhJtion work. . But we won't apply this exclusion to any dlllmag8s for property damage for which the proteoted person would have liability without such: . request, demand, order. or sututory or regulatory requirement; or . claih'1 or suit. For example: One of your products is B contBilJllr thBt may be used to store Vilrlous types of liquids. Severøl of those containers are sold to a compalTf that uses them for stor«gt1 of « chtJmlcal In Mt1 of Its warehouses. During such use one of them ruptures and the chemÙ;al spills onto a concrete floor. Some of the spilled chemical seeps Into the ground through a gap between the floor and IJI adjoining wall. The CLlstomer illleges that the corrosive effect of the spillød chemical causød parts of the concrete floor to disintegrate. making them unusable. As a result, he dBmands that you pay the cost to replace NO. 293 P.28/31 11JeStRIul those parts of the flDOT and properly dispose af any contaminated concrete. Also, the customer Is concerned thllt the spilled chemical that seepød into the ground may be considered a source of pollution by tKI jacent property ownørs ()( by a state erwlronmental protection law. As II result. he also demands th8t VOU pay the cost to replace and properly dlsjXJSe of any contaminated soil. Based on the facts available to us. we'" consider the' cost to replscs the disintegrated parts of the concrete floor to be damages for property damage that isrit subject to this exclusion. Hawever, we won't ewer: . the Bdditlonal cost to properly dispose at any contamInated concrete: or . the cost to replace or proJN1rly dispose of ÐI1'ý contaminated soil; regardless of who demands or requires that such pollution work be done. Pollution work muns: . the testing for. monitoring, cleaning up, rlmoviog, (;ontaining, trllltlng, detoxifying. or neutralizing of Iny pollutant; or . ttle responding to. or asussing, in any way the effects of any pollutant. For example: A chemical spill at your manufacturing facility releases a vapor cloud. Swsraf hundred people are exposed to tn. VIIpot' cloud before It dIsappears. None rJf them sqst,sin any ilppar,nt bodily injury. Ht'N/ever, several of them demand that you arrange and pay for medical Checkups now, and yearly for the next ten YHTS. to suess thB efñlct of the vapor cloud on their health. We won't COileI' the c(J$f of suah pollution work, regardless of who orders or ptJrfarms it. We explain the terms: . pollutant In the Pollution injury or damage e"clU!~loTl: ¡lnd . your product$ ill the ProducU and completld work total limit section. ',JQP 2. > /] I) (7-':)'..) 47TSO Rev. 7-01 Printed In U.S.A. Insuring Agreement OSt.Paul Fire and Marl.,! Insurance Co. 2001 All Rights Reserved PIIIIB 26 of 28 , ',~ .. QfR. 6.2004 3:30PM 1II0SIRlul PODr quality or perfDrmlllce. We won't COV8r Bdvertlslng injury that results from the failure of your products, your work, or your completed work to conform with advertised qUB/ity or perfDrmance. We eJtplaln the terMs YOLlr products. YOUr work, and your completed wDrk ill the Products i!lId completed work total limit section. Product reclll. We won't cover !lny loss, cost. or e~enle thllt II Incurred by yo~ or others and results from allV recell, removal, or wlthdrawe I of: . Impalrsd propsrty; . your products; or . your completecl work; from the market. or from use by any person or organlution, for any reeson. Nor will we cover IIny loss, cost, or expenll that is Incurred bV you or others IInd ruult. from the: . loss of use; . adju$tment, Inspection, repair; . replecement; or . disposal; of such property, products, or completed work. We explain the terms: . impaired property in the Impaired property e¡cclusron; and . your products end your completed work in ths Products and completed work tot., limit section. Unn8llled p....ersttlp, jaln! venlure, Of limllld liability cDmpany. We won't cover Injurv or demage or medical expenses thet result from tha conduct Df any current or past partnership, ¡Dint venture. or limited liability compeny that isn't shown in the Introduction as a named insure II. But we won't apply this exclusion to the extent such orgenizl!ltlon otherwise qualifies as a protected persDn Under the Who Is Þrotected Under This Agreement section. Wnerl:l'aft We won't cOVer bodily injury, property dama98. or medical expenses thet result from the: 47150 Rev. 7-01 Printed in U.S.A. 1'1:1.293 P.29/31 . ownership, maintanance. UII, or operation; . IDa ding or unloading; . entrustment to others: or . supervision of others in or for the maintenance, use, operation, loedlng or unloading, or entrustment to others; of Iny watercraft own.d, operated, r.nted, leased, Or bOrrowed by any protBcted person. But we won't epply thÎs exclusion to the liabilitY of another to pay damages for bodily Injury or property damage If you have assumed such Ifebllltv under e covered contract that: . is for the ownlrshlp, maintenl!lnce. or use 0 f ZI watercrllft; end . Will made before the bodily injury or prDparty damage happens. Nor will we apply this exclusion to premises damege. Also, we won't applv this BJtclusion to bodily Injurv, property damage. or medic.' expenses that result from: . watercraft While ashore on prem ises that you rent or leese from others, or own; . watercraft you don't own that Is lesa than 75 feet long and Isn't baing used to carry persons or property for e charge; or . the operation of specialized equipment. Wø expiein the terms: . covered contract In the Contrllct liability exclusion; . entrustment to others, IOl!lding or unloading, and supervision of others, in the Auto exclusion; . p,.mi... damage in the Eseh event limit section; I!Ind . speclali2eå equipmant in the Mobile equipment IIÄcluslon. Worke.s tampenllllan snll Dther Irlll8fi1S !'WS. We won't cover any obligation thet the proteeted person has under -nv: . workers cDmpensation law; . diS8bll/ty benefIts IlIw; . ~nempiovment compensation lew; or . .Imtler law. ';Þ>5 )./f' /~,» V' ' --- - -.. -- . . ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YY) 3114/05 PRODUCER T~-244-1343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UNDERWRITERS SAFETY & CLA S ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 23790 LOUISVILLE, KY 40223 INSURERS AFFORDING COVERAGE INSURED Appriss Inc. INSURER A: ST. PAUL FIRE & MARINE INS. 10401 Linn Station Rd, Ste 200 INSURER B: Louisville KY 40223-3842 INSURER c: INSURER 0: , INSURI:R E" COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~f: TYPE OF INSURANCE POLICY NUMBER ':.9.\!P EFFECTIVE p~H..c.;, EXPIRATION LIMITS A ~NERAL LIABILITY TE00801309 3/15/05 3/15/06 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LI.4BILlTY FIRE DAMAGE (Anyone fire! $ 1000000 I CLAIMS MADE W OCCUR MED EXP (Anyone person\ $ 10000 - PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $ 2000000 ~'l AGGREA LIMIT APn ~FR: PRODUCTS COMP/OP AGG $ 2000000 POLICY \~9T lOC A ~TOMOBILE LIABILITY TE00801309 3/15/05 3/15/06 COMBINED SINGLE LIMIT lEa accident! $ 1000000 - ANY AUTO - - All OWNED AUTOS APPROVED A' TO FORI\ BODILY INJURY $ SCHEDULED AUTOS (Per perSon I - ~01 ~~-- - ..L HIRED AUTOS BOOll Y INJURY $ ..L NON.OWNED AUTOS ,- 7, - (per accident) (Laura Stit Shced - PROPERTY DAMAGE $ Assistant Cit Att ,rfl\:\' IPeraccidentl ~AG' "AO"'TY AUTO ONLY.. EA ACCIDENT $ ANY AUTO OTHER THAN E:A ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY TE00801309 3/15/05 3/15/06 EACH OCCURRENCE $ 10000000 ~-~CCUR 0 CLAIMS MADE AGGREGATE $ 10000000 $ ~ ~EDUCT"LE $ X RETENTION $ 10000 $ A WORKERS COMPENSATION AND WVAOB03235 3/15/05 3/15/06 X I T~~lr~~~ I I OJ~ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 500000 E,l. DISEASE.. EA EMPLOYEE $ 500000 E.L. DISEASE POLICY LIMIT $ 500000 A OTHER TEOOB01309 3/15/05 3/15/06 TECHNOLOGY ERRORS $2,000,000 EACH OCCURRENCE & OMISSIONS $2000000 AGGREGATE DESCRIPTION OF OPERAT\ONS/LOCATIONSNEHIClESIEXClUSIONS A.DDED BY ENDOflSEMENTISPECIAl PROVISIONS COUNTY OF ORANGE NAMED AS ADDITIONAL INSURED CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION INSURANCE DESK SHOULD ANY OF THE ABOVE DESCRIBEO POllC1ES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -1Q... DA VS WRITTEN SHERIFF/PURCHASING/2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL #60 CIVIC CTR PLZ PO BOX 1981 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR SANTA ANA CA 92703 REPRE~TATIVES. AUTH'~~W .; ~/.A-er---- , ACORD 25.S 17/971 5.59 @ ACORD CORPORATION 1988 , ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDIYYI 3/09106 PRODUCER T~-244-1 343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UNDERWRITERS SAFETY & CLA S ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE CDVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 23790 LOUISVILLE. KY 40223 INSURERS AFFORDING COVERAGE INSURED tJ-~03-11;;L INSURER A: ST. PAUL FIRE & MARINE INS. Appriss Inc. d-/J.l;L-iJS5 INSURER B: 10401 Linn Station Rd, Ste 200 N -. '-I ;;.0/ INSURER C Louisville KY 40223-3842 IJ - ;:).00 c' <J I IV - ;)..00.....)- I INSURER 0: , N . ;;;'oal-~ /59 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~+>: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LIABILITY TE00801309 3/15/06 3115/07 EACH OCCURRENCE $ 1 000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) , 1000000 I CLAIMS MADE Q OCCUR MED EXP lAny one person) $ 10000 f- PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $ 2000000 ~'l AGGREn LIMIT APn PER: PRODUCTS - COMP/OP AGG , 2000000 POLICY ~~,QT lOC A ~TOMOBILE LIABILITY TE00801309 3/15106 3/15107 COMBINED SINGLE LIMIT (Eaaccidentl , 1000000 '-- ANY AUTO - All OWNED AUTOS BODilY INJURY , SCHEDULED AUTOS (Perpersonj - .1S.. HIRED AUTOS BODilY INJURY , .1S.. NON.OWNED AUTOS (Per accident) - PROPERTY DAMAGE , IPeraccidentj -=lAGE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO OTHER THAN EA ACC , AUTO ONLY: AGG , A EXCESS LIABILITY TE00801309 3115/06 3/15107 EACH OCCURRENCE , 10000000 ~"OCCUR D CLAIMS MADE AGGREGATE $ 10000000 , ~ DEDUCTIBLE $ X RETENTION $ 10000 $ A WORKERS COMPENSATION AND HHUB3515C42906 3115/06 3/15107 X I T~~ySI~~s I I Ol~- EMPLOYERS' LIABILITY E.L EACH ACCIDENT , 500000 E.l. DISEASE - EA EMPLOYEE , 500000 E.l. DISEASE - POLICY LIMIT , 500000 A OTHER TE00801309 3/15/06 3/15107 TECHNOLOGY ERRORS $2.000.000 EACH OCCURRENCE & OMISSIONS $2000000 AGGREGATE DESCRIPTION OF OPERATIONStlOCATIONS/VEHIClEStEXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS COUNTY OF ORANGE NAMED AS ADDITIONAL INSURED ~~ CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER lETTER: CANCELLATION INSURANCE DESK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCellED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIll ENDEAVOR TO MAIL --N. DAYS WRITTEN SHERIFF/PURCHASINGI 2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAilURE TO DO SO SHAll #60 CIVIC CTR PLZ PO BOX 1981 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR SANTA ANA CA 92703 REPRE~TATIVES. AUTH'~~W ;~ ACORD 25-S 17/97) 5- 59 @ ACORD CORPORATION 19B8 IMPORTANT If the certificate holder is an ADDiTIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO 25-5 17/971 . A CORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYI 3/13/07 PRODUCER y02-244-1343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UNDERWRITERS SAFETY & CLA MS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1700 EASTPOINT PARKWAY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 23790 LOUISVILLE, KY 40223 INSURERS AFFORDING COVERAGE INSURED INSURER A: ST. PAUL FIRE & MARINE INS. Appriss Inc. 10401 Linn Station Rd, Ste 200 INSURER B: Louisville KY 40223-3842 INSURER c: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~~: TYPE OF INSURANCE POLICY NUMBER ~~;!P EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY TE00801309 3/15/07 3/15/08 EACH OCCURRENCE , 1000000 r- X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire) , 1000000 I CLAIMS MADE W OCCUR MED EXP (Anyone person) , 10000 - PERSONAL & ADV INJURY , 1000000 - GENERAL AGGREGATE , 2000000 ~<l AGGREFl ~IMIT APFl PER: PRODUCTS - COMP/OP AGG , 2000000 POLICY ~~9T LOC A AUTOMOBILE LIABILITY TE00801309 3/15/07 3/15/08 COMBINED SINGLE liMIT ~ lEa accident) , 1000000 - ANY AUTO ~ All OWNED AUTOS BODilY INJURY , SCHEOUlED AUTOS IPerperson) - .lS.. HIRED AUTOS BODilY INJURY , .lS.. NON-OWNED AUTOS IPeraccident) PROPERTY DAMAGE , IPeraccident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT , ANY AUTO OTHER THAN EA ACC , AUTO ONLY: AGG , A EXCESS LIABILITY TE00801309 3/15/07 3/15/08 EACH OCCURRENCE , 10000000 r:KJ OCCUR 0 CLAIMS MAOE AGGREGATE , 10000000 , R DEDUCTIBLE $ X RETENTION , 10000 , A WORKERS COMPENSATION AND HHUB3515C42905 3/15/07 3/15/0B X,J T~~Jr~~s I I OJ~- EMPLOYERS' LIABILITY EACH ACCIDENT ' E,L. , 500000 E.L. DISEASE - EA EMPLOYEE , 500000 E.L. DISEASE - POLICY LIMIT , 500000 A OTHER TE00801309 3/15/07 3/15/0B TECHNOLOGY ERRORS $2,000,000 EACH OCCURRENCE & OMISSIONS $2000000 AGGREGATE DESCRIPTION OF OPERATIDNSfLOCATIONSIVEHICLESfEXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS COUNTY OF ORANGE NAMED AS ADDITIONAL INSURED \~ 'T~;fl.N~ ~v / CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION INSURANCE DESK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN SHERIFF/PURCHASING/2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAilURE TO DO SO SHALL #60 CIVIC CTR PLZ PO BOX 1981 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR SANTA ANA CA 92703 REPRE.oSP/IITATIVES. AUTH'=:t~W -f~ ACORD 25-S (7/97) 5- 59 @ ACORD CORPORATION 19BB