HomeMy WebLinkAboutPROCURE AMERICA - 20141NBROA1IN1 ON POLL
190111CPAOCEE A-2014-227
1f V11L INSURANCE RPIR1 S
WC
CLERK 01= COON IL
DATE: NOV 12 2011
CONSULTANT AGREEMENT
TVs reement for the performance of services ("Agreement") is made and entered into
on thisday of September, 2014 ("Effective Date"), by and between Procure America, a
California Corporation which provides cost reduction consulting services to public and private
agencies/companies, with its principal place of business located at 31103 Rancho Viejo Road,
San Juan Capistrano, California 92675 (herein after referred to as "Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City"), with its principal place of
business located at 20 Civic Center Plaza, Santa Ana, CA 92701. City and Consultant may be
referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this
Agreement."
RECITALS
A. City desires to retain a Consultant having special skill and knowledge in providing
cost reduction consulting services by analyzing client's policies, procedures, supplier
contracts, past invoices, and other pertinent information in order to provide client
recommendations that achieve cost savings consistent with operations;
B. Consultant represents that Consultant is able and willing to provide such services to
the City;
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
D. The Parties have specified in this Agreement the terms and conditions under which
such services will be provided and paid for.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services identified in Procure America's Statement of
Work as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a) The review cost associated with the initiation of cost reduction services is equal to 1%
of the gross annual spend of the target reviewed category and thereafter
ProcureAmerica will share 40% of the net savings realized. This 1% fee is typically
paid in advance, however for the City of Santa Ana, this fee will be either waived if
no savings are found and/or if the City elects not to proceed with ProcureAmerica's
recommendations. If the City elects to proceed with ProcureAmerica's
recommendations, the review costs associated with the cost reduction services will be
paid from the actual savings and thereafter Consultant will be paid 40% of the net
savings realized.
b) Payment by City shall be made within thirty (30) days following receipt of proper
invoice per expense category as described in the Statement of Work attached hereto as
Exhibit A.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2018, unless terminated earlier in accordance with the Statement of Work or Section 12, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
programs maintained by the City; and (c) contain standard separation of insureds provisions.
2
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If consultant is or employs licensed professionals such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
3
of, or effects, arising from this Agreement. City may make all reasonable decisions with respect
to its representation in any legal proceeding.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
&�ell1Ym
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
and,
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
Executive Director,
Finance & Management Services
City of Santa Ana
20 Civic Center Plaza (M-17)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Fred Armendariz,
ProcureAmerica
31103 Rancho Viejo Road
San Juan Capistrano, California 92675
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
5
12. TERMINATION
This Agreement may be terminated by the City upon fifteen (15) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately
and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers,
and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
Cn
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
fili 01V
Maria D. Huizar
Cleric of the Council
k ' UVF
Sonia Carvalho
City. ,,kgorneye
Chief Assistant City
RECOMMENDED FOR APPROVAL:
�'�5`�Z*� .� � .
Francisco Gutierrez
Executive Director
Finance & Management Services
�COyiStfL NT
Fred Armendariz,
ProcureAmerica
31103 Rancho Viejo Road
San Juan Capistrano, California 92675
Consultant/Owner/President
Employer ID # or Individual SS 4
CITY OF -Sri TA ANA
�I
David Cavazos
City Manager
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
F.3
Authorized Representative
CERTIFICATE OF LIABILITY INSURANJ
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polley(les) must be andarsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain pollcles may require an endorsomenL A statement on this certificate does not Confer rights to the
PRODUCER CONTACT Tanli Etahever /
NAME: v
Brakke-Schafnitt ins, Brokers
License #9428915 PHCxE3
tw g4S 65.5159 twe 0
I 28202 Cabot Road, Snits 600 , E, A`Lm,. tami.etchoverrvtdtshl.us
dba: Marketplace Solutions
dba; Procure America
31108 Rancho Viejo Rd. #132102
San Juan Capistrano, CA 92675
... rl�7wfciaF:1
REVISION NUMBER:
Z
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE. FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL. THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Olt of Santa Ana
Y
20 Civic Center Plaza
TYP&OF INSVRANCE
Santa Ana, CA 92701
AUTHORISED REPRESENTTA'TOM
L C
POIJCY NUMBER
oDtti'tiA
w. -._—J
LIMITS
GENERAL. LIABILITY
I
EACN OCCURRENCE $ 2,096,0
A
X ccmmERCIALeewERALUABIuTY
CLAIMS -MADE X OCCUR
X
72SSAAP4101 0110012414
0110612015
p l c � , g 9,690,66
MED EXP jAny one $ m..M••16,66
PERSONAL$ADVINJURY 5 .2,666,000
GENERAL AGGREGATE $4,000,000
w
ORNI AGOREG.ATE LIMITAPPLIES PER
PRODUCTS-COMPJOPAGG S WW4,00000
PRO- LOC
POLICY JFCT
5
AUTOMOBILE LIABILITY
rSo Mddont INGLE LIMIT 11669,96
'A
ANY AUTO
728BAAP4101 911661$614
61196/2915
BODILY INJURYlPerpemcn)
BODILY INJURY low ocndam) $
$ _.�._,..m......— _
FEED RACCIDENT CE
ALL OWNED SCHEDULED
ALTOS .AUTOS
K HIRED AUTOS )t AIUTTO$
__.
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X UMBRELLA UAB J(
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OCCURRENCE .$. 1,999,90
AEXCBSS
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01t0%l29i5
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AGGREGAEGATE g 1,090,09
DEC K.RETENnCN$. _. 10996
S
I WORKMCOMPENSATION
I AND EMPLOVER8" LIABILITY
�EEMBER£ WJDB�ECUTIVE YY
(Mandatoryin NNP
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E.L. DISEASE -EA EMPLOYE S—_..�_
0 adaeafbo under
R T N OF OPERATIONaboluw
E.L.OISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS i LOCATIONS VEHICLES (An oh ACORD 101, Addidoml Romaft Sohaduln, if mom Boom to mqulmd)
City of Santa Ana, its officers, adsploaes, agents, volunteers and
representatives are named as additional insured where regized by written
contract and per the attached policy form SSOCOS(04105) including primary s
non -Contributory wording.
M1EMTI=f*ATC4 LIM nCO, 4701 Mir 91 I ATN9N
SANTAAN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Olt of Santa Ana
Y
20 Civic Center Plaza
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Santa Ana, CA 92701
AUTHORISED REPRESENTTA'TOM
1988-2010 ACORO CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo am registered marks of ACORD �"{� 1 I
,Cf�I 4P We� �S It
i j
POLICYHOLDER COPY
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 10-15-2014 GROUP:
POLICY NUMBER: 1888181-2014
CERTIFICATE ID: 8
CERTIFICATE EXPIRES: 01-01-2015
01-01-2014/01-01-2015
CITY OF SANTA ANA SG
20 CIVIC CENTER PLZ
SANTA ANA CA 82701-4058
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy
/dde/scririibbbeeeddd herein is subject to all the terms, exclusions, and conditions, of such policy.
Authorised Representative/ President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - ALFREDO ARMENDARIZ PRES,SEC,TRES - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-15-2014 IS
-�,.— ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
! e
DIGIKON USA, INC. DBA: PROCURE AMERICA SG 2�1G^-1r
31103 RANCHO VIEJO RD # D2102 jJ'//,j'
SAN JUAN CAPISTRANO CA 925751,1 t
[P1 B,SG]
(Ray.7-20141 PRINTED 10-15-2014
DIGIK-1 OP ID: KN
CERTIFICATE OF LIABILITY INSURANCE
DATE IMMPOUYYYY)
0110412017
THIS CERTIFICATE IS ISSUED, AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI'CAT'E HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A. CONTRACT' BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: 11 the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
Brakke-Schafnitz Ins, Brokers
License #0K07568
28202 Cabot Road, Suite 600
CONTACT
NAME: Karen Lynn Van Eede
PHONE:
Arc NQ Ext9: 949 3365-5147 FAX No): 94'9-313-3357
ADDRESS: Karen.VanPede!asig.us
Laguna Niguel, CA 92677-1251
INSURER(S) AFFORDING COVERAGE
INSURERA:SentinelInsuranceCOmppI_gy_ �ETNAIC
0
INSURED A-10 Advisors, Inc.
INSURERe:
dila: Marketplace Solutions
dbw Procure America
31103 Rancho Viejo Rd. #1)2.102
INSURERe:
INSURER D:
San Juan Capistrano, CA 92675
NsuRERE:
INSURER F :
f" r0'r1CIr"A°TG KIHIMRII ki I`.ilUrd WUfiPIC°SCP'(.
L1.N Y �,IIlRV' V V vrx • , x..v...... � AAAA...:�...
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 'PERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS',
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .._.
LTR
AAAA. TYPE OF INSURANCE
N.
City Of Santa Ana
POLICYNUMBER
OLICYC
ON
MM1DD
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE ®`BCCI -IR
X
X �72SBAA.P4101SC
01/0612017
01/06!2018
EACH CCCURPENC'E $ 2,000,00
'.
PREMISESA(E 7 =NLrrence) $ 1,000,00
NEED EXP (Any one pWr5un) $ 10,00
''.:.
PERSONAL. &,DV' INJURY $ 2,000,00
'., GEN'L AGGREGATE LINT APPLIES' PER.
X POLIIC' r PRO LOC
GENERAL AGGREGATE $ 4,000,00
PRODUCTS - COMPfOP' AGG $ 4,000,00
'b
OTHER
ALTOMOSI LIABILITY
AAAA.
CONFINED 51*IDLE LIMIT tI
Ea accadent $ 2+00,00
BODILY INJURY gPer weusnn9
A
ANY AUTO
X
X
72SBAAP4101 SC
01906/2017
0190612018
DODILY IN AJRY (Par accident)
AAAA..
ALL OWNED St HEC'ULED
AUTO,' ! AUTOS
NON -OWNED
X GG
HIREDAUT'U�'L: AUTOS
PROPERTY DAMAGE
.Per arci[denY'}
—
A
X
UMBRELLA UAB
EXCESS41AB
X
OCCUR
CLAIMS -MADE
72SBAAP4101SC
0110692017
0110612018
EACH OCCURRENCE.... $ 1,000,000
AGGREGATE $ 1,000,00
.v
DED X DETENTION $ 10,000
WORKERS COMPENSATION
AND EMPLOYERS' Ll ILrrY YIN
ANY PrOPRIETCRIPARTt3ERIE.'KECUTVE —1
0177ICERrTAEMBER EXCLUDED?
(Mandatory In NH)
Ni 1 A
'I
PER I I 'JIM -
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— AAA A
EL EACH ACCIDENT
DISEASE - [,� EMPLO`fEE $
FE, DISEASE. - POLIC"d LIMIT $
4f yes, describe under
DE,ti;CR4RT4t)N e^,,F OPERATICINS, below
I
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is requcred)
City of Santa Ana, its officers, em�loyeesy agents, volunteers and
representatives are named as additional insured where required by written REVISED
contract and per the attached policy farm SS0009(04105) including primary &",, )
Coon -contributory wording. '� � ��.�.' � . � " ..... �
ANGE21NA CAZARES
r-Amf Gt 1 AT!ON
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SANTAAN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Santa Ana
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE NTH THE POLICY PROVISIONS.
20 Civic Center Plaza
AUTHORIZED REPRESENTATIVE
Santa Ana, CA 92701
U lv88-10'14 A(;QRiI t.lJrtYD" i RJN. Taxi ngnrs resefvmu,
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
Form S5 AA 08 04 05
0 2005, The Hartford
BUSINESS LIABILITY COVERAGE FORM
A. COVERAGES
Business Liability
Medical Expenses
Coverage Extension - Supplementary Payments
B. EXCLUSIONS
C. WHO IS AN INSURED
Beginning on Page
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D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
1. Bankruptcy
2. Duties nn The Event Of Occurrence, Offense, Claim Or Suit
3. Financial Responsibility Laws
4. Legal Action Against Us
6. Separation Of Insureds
S. Representations
7. other Insurance
8. Transfer Of Rights Of Recovery Against Others To Us
F. OPTIONAL ADDITIONAL INSURED COVERAGES
Additional Insureds
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
Form SS 00 08 04 05
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Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what
is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words
"We", "us": and "our" refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured,
Other words and phrases that appear in quotation marks have special meaning Refer to Section G. - Liability And
Medical Expenses Definitions.
A.COVERAGES
1. BUSINESS LIABILITY COVERAGE (BODILY
INJURY, PROPERTY DAMAGE, PERSONAL
AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
""property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit'
seeking those damages, However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which: this insurance
does not apply.
We may, at our discretion, investigate any
..occurrence" or offense and settle any claim
or "'suit'that may result. But:
(1) The amount we will pay for damages is
limited as described in Section D. -
Liability And Medical Expenses Limits
Of insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance apples.
No other obligation or liability to pay sum or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property
damage" only if:
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory""
(b) The "bodily injury" or "property
damage" occurs during the policy
period', and
(c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. — Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence''
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or in part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
(2) To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory"
during the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section
C. — Who Is An Insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer-,
Form SS 00 08 04 06 Page 1 of 24
0 2005, The Hartford
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or
b. We will make these payments regardless of
claim for damages because of the "bodily
fault. These payments will not exceed the
injury" or "property clarnage-, or
applicable limit of insurance We will pay
(3) Becomes aware by any other means that
reasonable expenses for:
"bodily injury" or "property damage" has
(1) First aid administered at the time of an
occurred or has begun to occur.
accident-,
d. Damages because of "bodily injury" include
(2) Necessary medical, surgical, x-ray and
damages claimed by any person or
dental services, including prosthetic
organization for care, loss of services or
devices, and
death resulting at any time from the "bodily
(3) Necessary ambulance, hospital,
injury".
professional nursing and funeral
e. Incidental Medical Malpractice
services.
(1) "Bodily injury" arising out of the
3. COVERAGE EXTENSION -
rendering of or failure to render
SUPPLEMENTARY PAYMENTS
professional health care services as a
a. We will pay, with respect to any claim or
physician, dentist, nurse, emergency
.°suit" we investigate or settle, or any "suit"
medical technician or paramedic shall
against an insured we defend:
be deemed to be caused by an
"occurrence", but only if:
(1) All expenses we incur.
(a) The physician, dentist, nurse,
(2) Up to $1,000 for the cost of bail bonds
emergency medical technician or
required because of accidents or traffic
paramedic is employed by you to
law violations arising out of the use of
provide such services, and
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
(b) You are not engaged in the
do not have to furnish these bonds.
business or occupation of providing
such services.
(3) The cost of appeal bonds or bonds to
(2) For the purpose of determining the
release attachments, but only for bond
amounts within the applicable limit of
limits of insurance for incidental medical
insurance. We do not have to furnish
malpractice, any act or omission
these bonds.
together with all related acts or
omissions in the furnishing of these
(4) All reasonable expenses incurred by the
services to any one person will be
insured at our request to assist us in the
considered one "occurrence".
investigation or defense of the claim or
2. MEDICAL EXPENSES
"suit", including actual loss of earnings
up to $500 a day because of time off
Insuring Agreement
from work,
a. We will pay medical expenses as described
(6) All costs taxed against the insured in
below for "bodily injury" caused by an
the "suit".
accident:
(6) Prejudgment interest awarded against
(1) On premises you own or rent',
the insured on that part of the judgment
(2) On ways next to premises you own or
we pay. If we make an offer to pay the
rent- or
applicable limit of insurance, we will not
(3) Because of your operations"
pay any prejudgment interest based on
that period of time after the offer.
provided that:
(7) All interest on the full amount of any
(1) The accident takes place in the
judgment that accrues after entry of the
""coverage territory" and during the
judgment and before we have paid,
policy period',
offered to pay, or deposited in court the
(2) The expenses are incurred and reported
part of the judgment that is within the
to us within three years of the date of
applicable limit of insurance.
the accident,- and
Any amounts paid under (1) through (7)
(3) The injured person submits to
above will not reduce the limits of insurance.
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
Page 2 of 24 Form SS 00 08 04 06
b. If we defend an insured against a "Suit"
and an indemnitee of the insured is also
named as a party to the "suit", we will
defend that indemnitee if all of the
following conditions are met�
(i) The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
(2) This insurance applies to such liability
assumed by the insured',
(3) The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract",
(4) The allegations in the "suit" and the
information we know about the
"occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee"
(6) The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit'
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
(6) The indemnitee
(a) Agrees in writing to:
(I) Cooperate with us in the
investigation, settlement or
defense of the "suit"',
(ii) Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit""
(iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Cooperate with us with
respect to coordinating other
applicable insurance available
to the inclemnitee, and
(b) Provides us with written
authorization to:
(i) Obtain records and other
information related to the
"suit", and
(ii) Conduct and control the
defense of the indemnitee in
such "suit'.
Form SS 00 08 04 06
BUSINESS LIABILITY COVERAGE FORM
So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments
Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B. -
Exclusions, such payments will not be
deemed to be damages for "bodily
injury" and "property damage" and will
not reduce the Limits of Insurance.
our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
(1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements-, or
(2) The conditions set forth above, or the
terms of the agreement described in
Paragraph (6) above, are no longer met.
B. EXCLUSIONS
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury" or "property damage" resulting
from the use of reasonable force to
protect persons or property" or
(2) "Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal: and
advertising injury'.
b. Contractual Liability
(1) "Bodily injury" or "property damage'; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to liability
for damages because of:
(a) "Bodily injury", "property damage" or
"personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement, or
Page 3 of 24
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "property damage"
(b) Performing duties related to the
assumed in a contract or agreement
conduct of the insured's business, or
that is an "insured contract",
(2) The spouse, child, parent, brother or
provided the "bodily injury" or
sister of that "employee" as a
"property damage" occurs
consequence of (1) above,
subsequent to the execution of the
This exclusion applies:
contract or agreement. Solely for
the purpose of liability assumed in
(1) Whether the insured may be liable as
an "insured contract", reasonable
an employer or in any other capacity,
attorneys' fees and necessary
and
litigation expenses incurred by or for
(2) To any obligation to share, damages
a party other than an insured are
with or repay someone else who must
deemed to be damages because of
pay damages because of the injury.
"bodily injury" or "property damage"
This exclusion does not apply to liability
provided:
assumed by the insured under an "insured
(i) Liability to such party for, or for
contract'.
the cost of, that party's defense
f. Pollution
has also been assumed in the
"insured
(1) "Bodily injury", "property damage" or
same contract", and
"personal and advertising injury"
(iii) Such attorneys' fees and
arising out of the actual, alleged or
litigation expenses are for
threatened discharge, dispersal,
defense of that party against a
seepage, migration, release or escape
civil or alternative dispute
of "pollutants":
resolution proceeding in which
(a) At or from any premises, site or
damages to which this
insurance applies are alleged.
location which is or was at any
time owned or occupied by, or
c. Liquor Liability
rented or loaned to any insured.
"Bodily injury" or "property damage" for
However, this subparagraph does
which any insured may be held liable by
not apply to:
reason of:
(i) "Bodily injury" if sustained within
(1) Causing or contributing to the
a building and caused by
intoxication of any person;
smoke, fumes, vapor or soot
(2) The furnishing of alcoholic beverages to
produced by or originating from
a person under the legal drinking age or
equipment that is used to heat,
under the influence of alcohol; or
cool or dehumidify the building,
or equipment that is used to
(3) Any statute, ordinance or regulation
heat water for personal use, by
relating to the sale, gift, distribution or
the building's occupants or their
use of alcoholic beverages.
guests',
This exclusion applies only if you are in the
"Bodily injury" or "property
business
business of manufacturing, distributing,
damage" for which you may be
selling, serving or furnishing alcoholic
held liable, if you are a
beverages.
contractor and the owner or
d. Workers' Compensation And Similar
lessee of such premises, site or
Laws
location has been added to your
Any obligation of the insured under a
policy as an additional insured
workers' compensation, disability benefits
with respect to your ongoing
or unemployment compensation law or
operations performed for that
any similar law.
additional insured at that
e. Employer's Liability
premises, site or location and
"Bodily injury" to:
such premises, site or location
is not and never was owned or
(1) An "employee" of the insured arising
occupied by, or rented or
out of and in the course of:
loaned to, any insured, other
(a) Employment by the insured; or
than that additional insured; or
Page 4 of 24 Form SS 00 08 04 06
BUSINESS LIABILITY COVERAGE FORM
(M) "Bodily injury" or "property
released as part of the
damage" arising out of heat,
operations being performed
smoke or fumes from a
by such insured, contractor or
"hostile fire",
subcontractor',
(b) At or from any premises, site or
(ii) "Bodily injury" or "property
location which is or was at any
damage" sustained within a
time used by or for any insured or
building and caused by the
others for the handling, storage,
release of gases, fumes or
disposal, processing or treatment
vapors from materials brought
of waste,
into that building in connection
(c) Which are or were at any time
with operations being performed
transported, handled, stored,
by you or on your behalf by a
treated, disposed of, or processed
contractor or subcontractor, or
as waste by or for:
(iii) "Bodily injury" or "property
(i) Any insured-, or
damage" arising out of heat,
smoke or fumes from a
(11) Any person or organization for
"hostile fire"; or
whom you may be legally
responsible;
(e) At or from any premises, site or
location on which any insured or any
(d) At or from any premises, site or
contractors or subcontractors
location on which any insured or
working directly or indirectly on any
any contractors or subcontractors
insured's behalf are performing
working directly or indirectly an
operations if the operations are to
any insured's behalf are
test for, monitor, clean up, remove,
performing operations if the
contain, treat, detoxify or neutralize,
"'pollutants" are brought on or to
or in any way respond to, or assess
the premises, site or location in
the effects of, "pollutants".
connection with such operations
(2) Any loss, cost or expense arising out
by such insured, contractor or
subcontractor. However, this
of any:
subparagraph does not apply to:
(a) Request demand, order or statutory
(i) "Bodily injury" or "property
or regulatory requirement that any
damage" arising out of the
insured or others test for, monitor,
escape of fuels, lubricants or
clean up, remove, contain, treat,
other operating fluids which are
detoxify or neutralize, or in any way
needed to perform the normal
respond to, or assess the effects of,
electrical, hydraulic or
.,
pollutants"; or
mechanical functions
(b) Claim or suit by or on behalf of a
necessary for the operation of
governmental authority for
"mobile equipment" or its parts,
damages because of testing for,
if such fuels, lubricants or other
monitoring, cleaning up, removing,
operating fluids escape from a
containing, treating, detoxifying or
vehicle part designed to hold,
neutralizing, or in any way
store or receive them. This
responding to, or assessing the
exception does not apply if the
effects of, "pollutants".
"bodily injury" or "property
However, this paragraph does not
damage" arises out of the
apply to liability for damages because
intentional discharge, dispersal
of "property damage" that the insured
or release of the fuels,
would have in the absence of such
lubricants or other operating
request, demand, order or statutory or
fluids, or if such fuels,
regulatory requirement, or such claim
lubricants or other operating
or "suit' by or on behalf of a
fluids are brought on or to the
governmental authority.
premises, site or location with
the intent that they be
discharged, dispersed or
Form SS 00 08 44 45 Page 5 of 24
BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading'
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.
(2) The use of "mob0e equipment' in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
I. War
This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent',
(2) A watercraft you do not own that is: J
(a) Less than 51 feet long; and
(b) Not being used to carry persons
for a charge;
(3) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Liability assumed under any "insured
contract' for the ownership,
maintenance or use of aircraft or
watercraft-,
(6) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment'-, or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "mobile equipment'
by an "auto" owned or operated by or
rented or loaned to any insured; or
"Bodily injury", ""property damage" or
$'personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war,
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents, or
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these,
Professional Services
"Bodily injury", "Property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications,
(3) Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction-,
(5) Any health or therapeutic service
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming:
(7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
Page 6 of 24 Form SS 00 08 04 06
(8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,clemonstration or
distribution of ophthalmic lenses and
similar products-,
(9) Any;
(a) eady piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin', and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(111) Computer consulting, design or
programming services, including web
site design.
Paragraphs (4) and (6) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e. in Section A. - Coverages.
k. Damage To Property
"Property damage" to,
(1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
(2)1 Premises you sail, give away or
abandon, if the "property damage" arises
out of any part of those premises-,
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property
that must be restored, repaired or
replaced because "your work!' was
incorrectly performed on it.
BUSINESS LIABILITY COVERAGE FORM
Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D. - Limits Of Insurance.
Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs (3) and (4) of this exclusion do
not apply to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"'products -completed operations hazard".
1. Damage To Your Product
"Property damage" to "your product"
arising out of it or any part of it.
m. Damage To Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products -completed operations hazard".
This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
"Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product'
or "your work"" or
(2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
This exclusion does not apply to the Voss
of use of other property arising out of
sudden and accidental physical injury to
.,your product' or "your work" after it has
been put to its intended use.
Form SS 00 08 04 05 Page 7 of 24
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired
(c) Title of any literary or artistic work"
Property
(8) Arising out of an offense committed by
Damages claimed for any loss, cost or
an insured whose business is:
expense incurred by you or others for the
(a) Advertising, broadcasting,
loss of use, withdrawal, recall, inspection,
publishing or telecasting;
repair, replacement, adjustment, removal
(b) Designing or determining content
or disposal of:
of web sites for others; or
(1) "Your product";
(c) An Internet search, access,
(2) "Your work'"; or
content or service provider.
(3) "Impaired property";
However, this exclusion does not
if such product, work or property is
apply to Paragraphs a., b. and c.
withdrawn or recalled from the market or
under the definition of "personal and
from use by any person or organization
advertising injury" in Section G. —
because of a known or suspected defect,
Liability And Medical Expenses
deficiency, inadequacy or dangerous
Definitions.
condition in it.
For the purposes of this exclusion,
p. Personal And Advertising Injury
placing an "advertisement" for or
"Personal and advertising injury'":
linking to others on your web site, by
itself, is not considered the business
(1) Arising out of oral, written or electronic
of advertising, broadcasting,
publication of material, if done by or at
publishing or telecasting-,
the direction of the insured with
knowledge of its falsity,
(9) Arising out of an electronic chat room
or bulletin board the insured hosts,
(2) Arising out of oral, written or electronic
owns, or over which the insured
publication of material whose first
exercises control-,
publication took place before the
beginning of the policy period-
(10) Arising out of the unauthorized use of
another's name or product in your e-mail
(3) Arising out of a criminal act committed
address, domain name or metatags, or
by or at the direction of the insured;
any other similar tactics to mislead
(4) Arising out of any breach of contract,
anothers potential customers',
except an implied contract to use
(11) Arising out of the violation of a
another's "advertising idea" in your
person's right of privacy created by
"advertisement";
any state or federal act.
(6) Arising out of the failure of goods,
However, this exclusion does not
products or services to conform with
apply to liability for damages that the
any statement of quality or
insured would have in the absence of
performance made in your
such state or federal act, -
"advertisement":
(12) Arising out of
(6) Arising out of the wrong description of
the price of goods, products or services;
(a) An "advertisement' for others on
(7) Arising out of any violation of any
your web site;
intellectual property rights such as
(b) Placing a link to a web site of
copyright, patent, trademark, trade
others on your web site-,
name, trade secret, service mark or
(c) Content from a web site of others
other designation of origin or
displayed within a frame or border
authenticity.
on your web site. Content includes
However, this exclusion does not
information, code, sounds, text,
apply to infringement, in your
graphics or images-, or
"advertisement", of
(d) Computer code, software or
(a) Copyright;
programming used to enable:
(b) Slogan, unless the slogan is also
(i) Your web site; or
a trademark, trade name, service
(ii) The presentation or functionality
mark or other designation of origin
of an "advertisement' or other
or authenticity", or
content on your web site;
Page 8 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(13) Arising out of a violation of any anti-
(a) May be awarded or incurred by
trust law',
reason of any claim or suit
(14) Arising out of the fluctuation in price or
alleging actual or threatened injury
value of any stocks, bonds or other
or damage of any nature or kind to
securities, or
persons or property which would
not have occurred in whole or in
(15) Arising out of discrimination or
part but for the "asbestos hazard":
humiliation committed by or at the
direction of any "executive officer",
(b) Arise out of any request, demand,
director, stockholder, partner or
order or statutory or regulatory
member of the insured.
requirement that any insured or
others test for, monitor, clean up,
q. Electronic Data
remove, encapsulate, contain,
Damages arising out of the loss of, loss of
treat, detoxify or neutralize or in
use of, damage to, corruption of, inability
any way respond to or assess the
to access, or inability to manipulate
effects of an "asbestos hazard"; or
"electronic data".
(c) Arise out of any claim or suit for
r. Employment -Related Practices
damages because of testing for,
"Bodily injury" or "personal and advertising
monitoring, cleaning up, removing,
injury" to:
encapsulating, containing, treating,
detoxifying or neutralizing or in any
(1) A person arising out of any:
way responding to or assessing the
(a) Refusal to employ that person;
effects of an "asbestos hazard".
(b) Termination of that person's
t. Violation Of Statutes That Govern E -
employment -I or
Maills, Fax, Phone Calls Or Other
(c) Employment-related practices,
Methods Of Sending material Or
policies, acts or omissions, such as
Information
coercion, demotion, evaluation,
"Bodily injury", "property damage", or
reassignment, discipline,
.'personal and advertising injury" arising
defamation, harassment, humiliation
directly or indirectly out of any action or
or discrimination directed at that
omission that violates or is alleged to
person -.or
violate:
(2) The spouse, child, parent, brother or
(1) The Telephone Consumer Protection
sister of that person as a
Act (TCPA), including any amendment
consequence of "bodily injury" or
of or addition to such law'.
"personal and advertising injury" to the
(2) The CAN -SPAM Act of 2003„ including
person at whom any of the
any amendment of or addition to such
empioyment-related practices
law; or
described in Paragraphs (a), (b), or (c)
above us directed.
(3) Any statute, ordinance or regulation,
other than the TCPA or CAN SPAM Act
This exclusion applies:
of 2003, that prohibits or limits the
(1) Whether the insured may be liable as
sending, transmitting, communicating or
an employer or in any other capacity',
distribution of material or information.
and
Damage To Premises Rented To You —
(2) To any obligation to share damages
Exception For Damage By Fire, Lightning
with or repay someone else who must
or Explosion
pay damages because of the injury.
Exclusions c. through h. and k. through 0. do
s. Asbestos
not apply to damage by fire, lightning or
(1) "Bodily injury", "property damage" or
explosion to premises rented to you or
""personal and advertising injury"
temporarily occupied by you with permission of
arising out of the "asbestos hazard".
the owner. A separate Limit of Insurance
(2) Any damages, judgments, settlements,
applies to this coverage as described in
loss, costs or expenses that'.
Section D. - Liability And Medical Expenses
Limits Of Insurance.
Form SS 00 08 04 05 Page 9 of 24
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury".
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured,
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
.,employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law,
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products -Completed Operations Hazard
Included with the "products -completed
operations hazard",
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
WWI
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds, but only
with respect to their liability as stockholders,.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2. Each of the following is also an insured
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited flaUlity
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However, none of these "employees" or
"volunteer workers" are insureds far:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co -
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a) above-,
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Cwned, occupied or used by,
Page 10 of 24 Form SS 00 08 04 05
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company)
b. Real Estate Manager
Any person (other than your "employee" or
,.volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
Injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. NevAy Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier-, and
Form SS 000804 06
BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred, or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment' registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment-, or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
S. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft-, or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
& Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
(e) Any failure to make such
permit issued by a state or political
inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional insured on your
agreed to make or normally
policy, provided the injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the issuance of the permit.
with the distribution or sale of the
A person or organization is an additional
products;
(f) Demonstration, installation,
insured under this provision only for that
servicing or repair operations,
period of time required by the contract,
except such operations performed
agreement or permit.
at the vendor's premises in
However, no such person or organization is an
connection with the sale of the
additional insured under this provision if such
product;
person or organization is included as an
(g) Products which, after distribution
additional insured by an endorsement issued
or sale by you, have been labeled
by us and made a part of this Coverage Part,
or relabeled or used as a
including all persons or organizations added
container, part or ingredient of any
as additional insureds under the specific
other thing or substance by or for
additional insured coverage grants in Section
the vendor; or
F. —Optional Additional Insured Coverages.
a. Vendors
(h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s) or organization(s) (referred to
negligence of the vendor for its
below as vendor), but only with respect to
own acts or omissions or those of
"bodily injury" or "property damage" arising
its employees or anyone else
out of "your products" which are distributed
acting on its behalf. However, this
or sold in the regular course of the vendors
exclusion does not apply to:
business and only if this Coverage Part
"bodily
(i) The exceptions contained in
provides coverage for Injury" or
Subparagraphs (d) or (f); or
.'property damage" included within the
..products -completed operations hazard".
(!I) Such inspections, adjustments,
(1) The insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions,
undertakes to make in the usual
course of business, in
This insurance does not apply to:
connection with the distribution
(a) "Bodily injury"' or "property
or sale of the products,
damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
insured person or organization from
reason of the assumption of
whom you have acquired such products,
liability in a contract or agreement.
or any ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liability for damages that the
containing such products.
vendor would have in the absence
b. Lessors Of Equipment
of the contract or agreement-,
(b) Any express warranty
(1) Any person or organization from
unauthorized by you,
whom you lease equipment; but only
"bodily
with; respect to their liability for
(c) Any physical or chemical change
injury", "property damage"" or
in the product made intentionally
"personal and advertising injury"
by the vendor;
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container-,
Page 12 of 24 Form SS 00 08 04 06
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence'" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises', or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury', "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behaff.
(a) In connection with your premises"
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies.
This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to: prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications, or
(b) Supervisory, inspection,
architectural or engineering
activities
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) Wth respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality", or
(b) "Bodily injury" or "property damage"
included within the "products -
completed operations hazard".
Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
""property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf'.
(a) In the performance of your
ongoing operations"
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "Your work" and
included within the "products -
completed operations hazard", but
only if
(11) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(H) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "products -
completed operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to.
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to: prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS: OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds',
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
,.property damage" included in the
""products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of ail other "bodily
injury", "property damage"" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations,
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
Page 14 of 24
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion,
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
Hproperty damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
,4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
.®personai and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
6. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or poiitical
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Form SS 00 08 04 06
if more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL, EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured,'s estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In, The Event of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses-, and
(3) Thee nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit' is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit' and the date received-,
and
(2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
Form SS 04 08 04 06
BUSINESS LIABILITY COVERAGE FORM
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information,
(3) cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent
e. Additional Insured's Other Insurance
If we cover a claim or "suit' under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit' to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance,
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
.'occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership-,
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation.
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
Page 16 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment' to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a, To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured, or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimants legal representative,
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies,
a. As if each Named Insured were the only
Named Insured', and
bi. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarabons
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
Page 16 of 24
(3) We have issued this policy in reliance
upon your representations
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance, by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner',
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
.,property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner',
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
(6) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
Form SS 00 08 04 06
(6) When You Are Added As An
Additional Insured To Other
Insurance
That ioother insurance available to
you covering liability for damages
arising out of the premises or
operadons, or products and completed
operstions, for which you have been
added as an additional insured by that
insurance, or
(7) When You Add Others As An
Additional Insured To This
Insurance
That isother insurance available huam
additional insured.
However, the following provisions
apply to other insurance available to
any penanm or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in awritten contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(6) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
omntraoL, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insm/ed's own
imamrmncm, this insurance is
primary and we will not seek
contribution from that other
insurance,
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is ewoess, we will
have no duty under this Coverage Part to
defend the insured against any ''suiy'ifany
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
mu, but we will be entitled to the |nsureU'a
rights against all those other insurers.
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
imsurance, we will pay only our share of
the arnoork of the lmmm, if any, that
exceeds the sum cf�
(1) The total amount that ah such other
insurance would pay for the loss imthe
absence ufthis insurance, and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining |oms. Jany' with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess ofthe
Limits of Insurance shown in the
Declarations mfthis Coverage Part,
c. Method Of Sharing
if all the other insurance permits
contribution byequal shares, wewill follow
this method also. Under this apprmauh,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the |mms nemo|na.
whichever comes first.
If any ofthe other insurance does not permit
contribution by equal sheres, we will
contribute by|innitsUnder this method, each
insurer's share is based mnthe ratio ofits
applicable ||md of insurance to the total
applicable limits nfinsurance, ofall insurers,
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
if the insured has rights to recover all or
port of any payment, including
SuppilemnentaryPaynenta. vvehave made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring 'suit" or
transfer those rights to us and help us
enforce Mnern. This condition does not
apply toMedicaYExpenses Coverage.
b. Waiver Of Rights OfRecovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Pmymen1s, we
have made under this Coverage Port, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization imacontract,
agreement or permit that was executed
prior tothe injury mrdamage.
Form SS 00 08 04 05 Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below�
1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for ':'bodily injury", "property damage" or
.'personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations', or
b. In connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply. -
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises-, or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" that takes place
after you cease to lease that land-, or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
S. Additional Insured - State Or Political
Subdivision — Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 06
BUSINESS LIABILITY COVERAGE FORM
|nsured—StateOrPolitic Subdivision
(e) Any failure to make such
Permits, but only with respect to
inspections, adjustments, tests or
operations performed by you or on your
servicing as the vendor has agreed
behalf for which the state or pmMt|oe|
to make or normally undertakes to
subdivision has issued permit
make in the usual course of
b. With respect to the insurance afforded to
bun ' im connection with the
business,
these additional insuredw, the following
distribution mrsale ofthe pmduu�� '
additional exclusions apply:
(f) Demonstration, installation,
servicing or repair operations,Thimin�ur�noednesnote�p|yto�
except such operations performed
(1) "Bodily injury", "property damage" or
at the venclor's premises in
"personal and advertising injury"
nunneobon with the sale of the
arsingout ofoperations performed for
product;
the state ^ '
(g) Products whioh, after distribution(2)
"Bodily injury" ov "property damage"
or sale by you, have been labeled
|no8uded in the "product -completed
or relabeled or used as a
operatiomm" hazard.
contsiner, part or ingredient ofany
7^ Additional Insured —Vendors
other thing or substance by or for
a. WHO IS AN INSURED under Be�ion��. is
the or
'
amended to include as an additional
(h) "Bodily irjury" or ''property
insured the person(s) or organization(s)
damage' arising out of the sole
(referred to below as vendor) shown in the
negligence of the vendor for its
Declarations as an Additional Insured -
own moto or omissions or those of
Vendor, but only with respect to "bodily
its employees or anyone else
injury" or "property damage" arising out of
acting on its behalf. However, this
'�our products!' which are distributed or
exclusion does not apply to:
sold in the regular course cfthe vemdpr's
(i) The exceptions contained in
business and only if this Coverage part
Subparagraphs (d)a,(f);or
provides coverage for "bodily irju/y" or
Such inspections,
`
"property damage" included within(ii)
the
adjustments, tests or servicing
produs'comp|etedmpenaUmnahazmnd"
�
as the vendor has agreed to
b. The insurance afforded to the vendor is
make or normally undertakes
sub�ecttothe following addCkonm|mmclusion&
Lomake inthe usual course of
(1) This insurance does not apply to:
business, in connection with
^
(e) "Bodily injury" �r "property
distribution or ea|m of the
the distribution
damage' for which the vendor in
products.
obligated to pay damages by
(2) This insurance does not apply bmany
naaeum of the assumption of
insured person or organization from
liability in a contract Vragreement.
whom you have acquired such
This exclusion does not apply to
products, or any |mgmedient, pan or
liability for damages that the
container, entering into,
vendorvvou|dhave inthe absence
accompanying or containing such
cfthe contract or agreement;
products.
(b) Any express warranty
0. Additional Insured —Controlling Interest
unauthorized byyou;
WHO IS AN INSURED under Section C. is
(o) Any physical or chemical change
amended to include as an additional insured
in the product made intentionally
the person(m) or orgamization(s) shown in the
bythe vendor;
Declarations as on Additional Insured —
(d) Repackaging, unless unpacked
Controlling interest, but only with respect to
solely for the purpose of inspection,
their liability arising out nf�
demonstration, basting, or the
a. Their financial control nfyou�or
substitution of parts under
b. Premises they wwn, maintain or control
instructions from the momufactuer,
while you lease oroccupy these premises.
and then repackaged inthe original
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Cr
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work`'
performed for that additional insured
and included within the "products -
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
..products -completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities
10. Additional Insured — Co -Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio-,
(2) Television;
(3) Billboard;
(4) Magazine;
(6) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services-, or
c. Any other publication that is given
widespread public distribution.
However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network,
2. "Advertising idea" means any idea for an
..advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means a land motor vehicle, trailer or
semi -trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".
6. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
S. "Coverage territory" means:
Page 20 of 24 Form SS 00 08 04 05
a. The United States of America (including its
territories and possessions), Puerto Rico
and Canada"
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
,c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you
in the territory described in a. above.
(2) The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business', or
(3) "Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
..suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.
7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD -ROME, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
9. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.
10. ""Hostile fire" means one which becomes
uncontrollable or breaks out from where, it was
intended to be.
11. "impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product' or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous', or
BUSINESS LIABILITY COVERAGE FORM
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work'';
or
b. Your fulfilling the terms of the contract or
agreement.
12. "Insured contract' means:
A contract for a lease of premises.
However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. —Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement',
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f. includes that part of any
contract or agreement that indemnities a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road -beds, tunnel,
underpass or crossing.
However, Paragraph f. does not include
that part of any contract or agreement:
Form SS 00 08 04 06 Page 21 of 24
BUSINESS LIABILITY COVERAGE, FORM
(1) That indemnifies on architect,
engineer or surveyor for injury or
damage arising out of:
(a) Preparing, approving or failing to
prepare or approve maps' shop
drawings, opinions, reporta.
surveys, field orders, change
orderm, designs or drawings and
specifications', or
(b) Giving directions or instructions,
orfailing togive them, ifthat isthe
primary cause of the injury or
damage', or
(2) Under which the insured' if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1) above and supervisory,
inspectinn, architectural or
engineering activities.
13. "Leased worker' means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business. "Leased vvorher^ does not
include a"temporary worker^
14- "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or nmtn an
aircraft, watercraft or"auto";
b. While it is in or on an aircraft, watercraft or
"Ouuto/%or
c. While it is being moved from an aircraft,
watercraft ur"mmto"tothe place where it is
finally delivered",
but "loading or unloading" does not include the
movement of property by means ofamechanical
devioe, other than a hand truck, that is not
attached kzthe aircraft, watercraft or'au&o^
15."Mobile equipmerd~means any ofthe following
types of land vehiu|es, including any attached
machinery orequipment:
a' BuUdmzero, farm maohinory, forklifts and
other vehicles designed for use prirmipa|�/
off public roads,
kx Vehicles maintained for use solely on or
next topremises you own orrent;
o. Vehicles that travel on crawler treads:
.
d- Wahides, whether self-propelled or not, on
which are permanently mounted:
(1) Power cranms, mhoves, baders,
diggers ordrills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e. Vehicles not described in a.. 6~, c~ or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air oompressors, pumps and
generators, including spraying,
we|dlng, bui�dinQ cleaning,
geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and similar devices
used toraise orlower vvurhere�
.
f. Vehicles not described in m., b., o� or d.
above maintained primarily for purposes
other than the transportation cfpersons or
cargo.
Hmwewer, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipnenr' but
will beconsidered "autos":
(1) Equipment, of atleast 1,000pounds
gross vehicle weigh' designed
primarily for'.
(m} Snow removal-,
(b) Road maintenance, but not
construction or resurfacing-, or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers" and
(3) Air compressors, pumps and
gemamshons, including spraying,
vveiding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.
16. 'Y]000memce�' means an accident, including
continuous urrepeated exposure bosubstantially
the same general harmful conditions,
17. "Personal and advertising irjury''means injury,
including consequential "bodily injury^, arising
out ofone urmore ufthe following offenses:
a. False arrest, detention or imprisonment',
b. Malicious prosecution;
Page 22 of 24 Form SSOU0W04 06
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor-,
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services,
e. Oral, written or electronic publication of
material that violates a person's right of
privacy'.
,f. Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "'advertisement";
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person,
18. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
19. "Products -completed operations hazard";
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or"your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, "your work"
will be deemed to be completed at the
earliest of the following times:
(a) When all of the work called for in
your contract has been completed.
(b) When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
(c) When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
BUSINESS LIABILITY COVERAGE FORM
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.
The "bodily injury" or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product' for consumption on premises you
own or rent.
b. Does not include "bodily injury" or
,.property damage" arising out of;
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured; or
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.
20. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
"occurrence" that caused it.
As used in this definition, "electronic data" is
not tangible property.
21. "Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury"
to which this insurance applies are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent', or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
22. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your "employee-,
Form SS 00 08 04 05 Page 23 of 24
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you, and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you,
24. "Your product"-.
a., Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by.
(a) You-,
(b) Cithers trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
Page 24 of 24
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.
25, "Your worW'i
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
furnished in connection with: such work
or operations.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.
Form SS 00 08 04 06