HomeMy WebLinkAboutORANGE COUNTY ASSOCIATION FOR MENTAL HEALTH (2) - 2015IN8UPANR:00J
UNTIL MAYIANCE c A -2014- 088 -022A
UNTIL fNSUFiAN; r1Illt
CLERK OF COUNGIi AMENDMENT TO AGREEMENT FOR USE
DATE:3 o _ OF EMERGENCY SOLUTIONS GRANT FUNDS
THIS AMENDMENT, made and entered into this I` day of January 2015, by and between the Orange County
Association for Mental Health, a California nonprofit organization ( "Subrecipient ") and the City of Santa Ana, a
charter city and municipal corporation of the State of California ("City ").
RE, CI:EALS
A. The City am, Subrecipient entered into that certain Emergency Solutions Grant Subrecipient Agreement
Between the City of Santa Ana and the Orange County Association for Mental Health dated July 1, 2014
(Agreement #bA- 2014 - 088 -022) hereinafter referred to as "said Agreement', for Subrecipient to receive
Emergency Solutions Grant Funds (17SG) in the amount of $23,147.00 for the operation of an emergency shelter
program for the homelcss.
B. The parties hereto now desire to amend the amount of the grant to increase it with an additional
Two Thousand Five Hundred Dollars ($2,500.00) for this fiscal year. This additional money is part of prior year
IZJ funding that had been awarded to other subrecipients that were unable to expend their entire grant amounts in
the federally mandated 24 -month period.
C. City Council authorized this reallocation at its regular meeting of April 1, 2014, in the Request for
Council Action by stating that any unallocated FY 2013 -14 funds shall be redistributed proportionately among
the subrecipients.
WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and
made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do
hereby agree as follows:
I. The total Grant Award to Subrecipient will be amended to include an additional Two Thousand Five
Hundred Dollars ($2,500) for a total giant award of Twenty Five Thousand Six Hundred Forty Seven Dollars
($25,647.00) in ESG funds,
2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and
year fast above written.
ATTEST:
Maria D. Huizar, Clerk of tine Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
1,- rzc_
Lisa Storck
Assistant City Attorney
RECOMMEND VAL:
elly nNe Director
('`oranu ity Development Agency
'�AN
David Cavazos, City Ncn get
SUBRECIPIENT
ORANGE COUNTY ASSOCIATION(
FOR MENTAL HEALTH
,Jeffrey " h
Chief Executiv Officer
111a. F`CA CERTIFICATE OF LIABILITY INSURANCE
� --"'�5
DATE(MM/ODIY4
6/23/2Q14
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 poiicy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
CONTACT
NAME:
Comprehensive Insurance Services
22342 Avenida Em resa
p
_
PHONE (949)709 -8800 FAX (949) 709 -1668
" /C. Not:
B.MaIL info
ADD F$4,; @thecomprehensiveinsurance. oom
Suite 2550
Roho Sta Margarita CA 92688
_ _
INSURERS AFFORDING COVERAGE
yWNAIC#
INSURER A:Nonprofits Insurance Alliance
11845
INSURED
INSURER B:
Mental Health Association of Orange County
INSURER C:
822 Town Fx Country Rd.
INSURER O:
EACH OCCURRENCE
INSURER E:
X COMMERCIAL GENERAL LIABILITY
,Orange CA 92868
1 INSURER F:
COVERAGES CERTIFICATE NUMBER:GL /Auto Only REVISION NUMRFR�
THIS IS TO CERTIFY THAT THE POLICIES. OF INSURANCE US'rED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE
BEEN REDUCED BY PAID CLAIMS,
ILTR
TYPE OF INSURANCE
POLICY NUMBER
MMIDDNVYY
POLICYEXP
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
0AMAUETU7I!RTrD__
PREMISES fEn c r enca
$ 500,000
A
CLAIMS -MADE R OCCUR
X
014- 08472 -UPG
/1/2014
/1/2015
MED EXP (Any one person)
$ 20,000
PERSONAL &ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GERI AGGREGATE
LIMIT APPLIES PER
PRODUCTS - COMPIOP AGO
$ 2,000,000
POLICY
PRO X LOC
$
AUTOMOBILE
LIABIL17Y
COMBINED SINGLE LIMIT
l t
$ 1,000,000
A
X
ANY AUTO
BODILY INJURY(Perperson)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
014- 08472 -14PG
/1/2014
/1/2015
BODILY INJURY (Per accltlenQ
$
HIRED AUTOS NON -OWNED
AUTOS
PROPERTY DAMAGE
Per acciden
$ - -"
$
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 2,000,000
AGGREGATE.
$ 2,000,000
A
EXCESS LIAB
CLAIMS -MADE
DED I X I RETENTION$ 10,OD0
$
014- 08472- UbM -NPO
7/1/2019
/1/2015
WORKERS COMPENSATION
1y8_TAT1U O7H
AND EMPLOYERS' LIABILITY YIN
S-
E.L. EACH ACCIDENT
_
$.
ANY PROPRIETORIPARTNER /EXECUTIVE
OFFICER/MEMBER EXCLUDED?
NIA
E.L. DISEASE � EA EMPLOYEE
S
(Mandatory in NH)
If yes, describe under
E.L. DISEASE - POLICY LIMIT
--
$
DESCRIPTION ,OF OPERATIONS be.
_
DESCRIPTION OF OPERATIONS LOCATIONS /VEHICLES (Atlach ACORD 181, Addltlonal Remarks
Schedule, ifmore space Is required)
The City of Santa Ana, its officers, employees, agents and volunteers are included as Additional Insured
per attached Special City Endorsement
� g TU r>..
OpROVEM t
CERTIFICATE HOLDER
CANCELLATION 2C5t
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
The City of Santa Aria
ACCORDANCE WITH THE POLICY PROVISIONS,
20 Civic Center plaza
AUTHORIZED REPRESENTATIVE
Santa Ana, CA 92701
Jeremy Eynon /JEREMY v =_
ACORD 25 (2010105)
INS025 (2cioago1
1988.2010 ACORD CORPORATION. All rights reserved,
The ACORD name and logo are registered marks of ACORD
AGREEMENT
ADDITIONAL INSURED # pgMV9kXX
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company Nonprofits Insurance Alliance of California
This endorsement modifies such insurance as is afforded by the provisions of Policy
# 2014 - 08472 -NPO 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. ��i���§ iiXs�Ap�ir�r' IiI�llfr; �aYr�{ �iI�13eg�i�i�li�iiC�Pl +i�trNr�tXs�r�xXX� ,
t�l���ul�c��xa�l�at�l� ,a�xx���rr,�a�;xxxxx
-X XMNM2KI'Fitrli$'r1 XXXYPY6EASE REFER TO CG0001 PORTION OF THE
POLICY, ATTACHED.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30)'Uays Written notice has been
given to the City.of Santa Ana, 20:Civio Center Plaza, ,Santa Ana; California 92701.
*EXCEPT 10 DAYS FOR NON - PAYMENT OF PREMIUM
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective 7 11//2014 this endorsement form as a part of
Policy # 2014- 08472 -NPO
Issued to Mental Health Association of Orange County
Named Insured
Countersigned by
44uthoi�7e sentative
'O vos%
NIP
510V�CK
4\SA ��ity ,4ttarneY
mss,\ >taat
2014 - 08472 -NPO
COMMERCIAL GENERAL LIABILITY
CG 00 01 07 98
Various provisions In this policy restrict coverage. b. This insurance applies to "bodily injury" and
Read the entire policy carefully to determine rights, "property damage" only if:
duties and what is and is not covered.
(1) The "bodily injury" or "property damage" is
Throughout this policy the words "you" and "your" refer caused by an "occurrence" that takes place
to the Named Insured shown in the Declarations, and in the "coverage territory"; and
any other person or organization qualifying as a (2) The "bodily injury" or "property damage"
Named Insured under this policy. The words "we ", "us' occurs during the policy period.
and "our" refer to the company providing this insur-
ance, c. Damages because of "bodily injury" include
The word "insured" means any person or organization damages claimed by any person or organiza-
tion for care, loss of services or death resulting
qualifying as such under Section II — Who Is An In- at anytime from the "bodily injury".
sured.
Other words and phrases that appear in quotation 2• Exclusions
marks have special meaning. Refer to Section V — This insurance does not apply to;
Definitions. a. Expected Or Intended Injury
SECTION I — COVERAGES "Bodily injury" or "property damage" expected
COVERAGE A BODILY INJURY AND PROPERTY or intended from the standpoint of the insured.
DAMAGE LIABILITY This exclusion does not apply to "bodily injury"
1. Insuring Agreement resulting from the use of reasonable force to
protect persons or property.
a. We will pay those sums that the insured be- b. Contractual Liability
comes legally obligated to pay as damages be-
cause of "bodily injury" or "property damage" to "Bodily injury" or "property damage" for which
which this Insurance applies. We will have the the insured is obligated to pay damages by
right and duty to defend the insured against any reason of the assumption of liability in a con -
"suit" seeking those damages. However, we will tract or agreement. This exclusion does not
have no duty to defend the insured against any apply to liability for damages:
"suit" seeking damages for "bodily injury" or (1) That the insured would have in the absence
"property damage" to which this insurance does of the contract or agreement; or
not apply. We may, at our discretion, invests- (2) Assumed in a contract or agreement that is
gate any "occurrence „ and settle any claim or
"suit” that may result. But: an "insured contract ", provided the "bodily
injury" or "property damage" occurs subse-
(1) The amount we will pay for damages is quent to the execution of the contract or
limited as described in Section III — Limits agreement, Solely for the purposes of liabil-
Of Insurance; and ity assumed in an "insured contract ", rea-
(2) Our right and duty to defend end when we sonable attorney fees and necessary litiga-
have used up the applicable limit of insur- tion expenses incurred by or for a party
ance in the payment of judgments or set- other than an insured are deemed to be
tlements under Coverages A or B or medi- damages because of "bodily injury" or
cal expenses under Coverage C. "property damage ", provided:
No other obligation or liability to pay sums or (a) Liability to such party for, or for the cost
perform acts or services is covered unless ex- of, that party's defense has also been
plicitly provided for under Supplementary Pay- assumed in the same "insured contract ";
ments — Coverages A and B. and
RCK
�a tan �` y Attorney
CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 13
u
(b) Such attorney fees and litigation ex-
penses are for defense of that party
against a civil or alternative dispute reso-
lution proceeding in which damages to
which this insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or un-
der the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of alco-
holic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the Insured under a workers'
compensation, disability benefits or unemploy-
ment compensation law or any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay someone else who must pay dam-
ages because of the injury.
This exclusion does not apply to liability as-
sumed by the insured under an "insured con-
tract".
f. Pollution
(1) "Bodily injury" or "properly damage" arising
out of the actual, alleged or threatened dis-
charge, dispersal, seepage, migration, re-
lease or escape of "pollutants ":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph
does not apply to:
(1) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot from equipment
used to heat that building;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your pol-
icy as an additional insured with re-
spect to your ongoing operations per-
formed for that additional insured at
that premises, site or location and
such premises, site or location is not
and never was owned or occupied
by, or rented or loaned to, any in-
sured, other than that additional in-
sured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire ";
(b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the han-
dling, storage, disposal, processing or
treatment of waste;
(c) Which are or were at any time trans-
ported, handled, stored, treated, dis-
posed of, or processed as waste by or
for any insured or any person or organi-
zation for whom you may be legally re-
sponsible; or
Page 2 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 0107 98 ❑
(d) At or from any premises, site or location
on which any Insured or any contractors
or subcontractors working directly or in-
directly on any Insured's behalf are per-
forming operations if the "pollutants" are
brought on or to the premises, site or lo-
cation in connection with such opera-
tions by such insured, contractor or sub-
contractor. However, this subparagraph
does not apply to:
(1) 'Bodily injury" or "property damage"
arising out of the escape of fuels, lu-
bricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or me-
chanical functions necessary for the
operation of "mobile equipment" or
its parts, if such fuels, lubricants or
other operating fluids escape from a
vehicle part designed to hold, store
or receive them. This exception does
not apply if the "bodily injury" or
"property damage" arises out of the
intentional discharge, dispersal or re-
lease of the fuels, lubricants or other
operating fluids, or if such fuels, lu-
bricants or other operating fluids are
brought on or to the premises, site or
location with the intent that they be
discharged, dispersed or released as
part of the operations being per -
formed by such insured, contractor
or subcontractor;
1111) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building In connec-
tion with operations being performed
by you or on your behalf by a con-
tractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire ".
(e) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or in-
directly on any insured's behalf are per-
forming operations if the operations are
to test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the ef-
fects of, "pollutants ".
(2) Any loss, cost or expense arising out of any
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up, re-
move, contain, treat, detoxify or neutral-
ize, or in any way respond to, or assess
the effects of, "pollutants "; or
(b) Claim or suit by or on behalf of a gov-
ernmental authority for damages be-
cause of testing for, monitoring, cleaning
up, removing, containing, treating, de-
toxifying or neutralizing, or in any way
responding to, or assessing the effects
of, "pollutants ".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in the
absence of such request, demand, order or
statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a govern-
mental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or an-
trustmant to others of any aircraft, "auto" or wa-
tercraft owned or operated by or rented or
loaned to any insured. Use Includes operation
and "loading or unloading ".
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:
(a) Less then 26 feet long; and
(b) Not being used to carry persons or
property 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 con-
tract" for the ownership, maintenance or
use of aircraft or watercraft; or
(5) "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 defink
tion of "mobile equipment ".
CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 3 of 13 0
In. 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
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
1. War
"Bodily injury" or "property damage" due to war,
whether or not declared, or any act or condition
incident to war. War includes civil war, insurrec-
tion, rebellion or revolution. This exclusion ap-
plies only to liability assumed under a contract
or agreement.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy;
(2) Premises you sell, 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 be-
cause "your work" was incorrectly per-
formed on it.
Paragraphs (1), (3) and (4) of this exclusion do
not apply to "property damage" (other than
damage by fire) to premises, including the con-
tents of such premises, rented to you for a pe-
riod of 7 or fewer consecutive days. A separate
limit of insurance applies to Damage To Prem-
ises Rented To You as described in Section III
— 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), (4), (5) and (6) of this exclusion
do not apply to liability assumed under a side-
track agreement.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the "products -
completed operations hazard ".
k. Damage To Your Product
"Property damage" to "your product" arising out
of it or any part of it.
1. 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 sub-
contractor.
m. 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 danger-
ous 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 loss of use
of other property arising out of sudden and ac-
cidental physical injury to "your product" or
"your work" after it has been put to its Intended
use,
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or expense
incurred by you or others for the loss of use,
withdrawal, recall, inspection, repair, replace-
ment, adjustment, removal or disposal of:
(1) "Your product ";
(2) "Your work "; or
(3) "Impaired property ";
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and ad-
vertising injury ".
Exclusions c. through n, do not apply to damage
by fire to premises while rented to you or temporar-
ily occupied by you with permission of the owner. A
separate limit of insurance applies to this coverage
as described in Section III — Limits Of Insurance.
Page 4 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 0107 98 C7
COVERAGE B PERSONAL AND ADVERTISING
(6)
Arising out of a breach of contract, except
INJURY LIABILITY
an implied contract to use another's adver-
t. Insuring Agreement
tising idea in your "advertisement ";
a. We will pay those sums that the insured be-
(7)
Arising out of the failure of goods, products
comes legally obligated to pay as damages be-
or services to conform with any statement of
cause of "personal and advertising injury" to
quality or performance made in your "adver-
which this insurance applies. We will have the
tisement ";
right and duty to defend the insured against any
(S)
Arising out of the wrong description of the
"suit" seeking those damages. However, we will
price of goods, products or services stated
have no duty to defend the insured against any
in your "advertisement';
"suit" seeking damages for "personal and ad-
(9)
Committed by an insured whose business is
vertising injury' to which this Insurance does
advertising, broadcasting, publishing or
not apply. We may, at our discretion, investi-
telecasting, However, this exclusion does
gate any offense and settle any claim or "suit"
not apply to Paragraphs 14,a., b. and c. of
that may result. But:
"persoral and advertising injury" under the
(1) The amount we will pay for damages is
Definitions Section, or
limited as described in Section III — Limits
(10)
Arising out of the actual, alleged or threat -
Of Insurance; and
ened discharge, dispersal, seepage, migra-
(2) Our right and duty to defend end when we
tlon, release or escape of "pollutants" at any
have used up the applicable limit of insur-
time.
ance in the payment of judgments or set-
b. Any
loss, cost or expense arising out of any:
tlements under Coverages A or B or medi-
cal expenses under Coverage C.
(1)
Request, demand or order that any insured
No other obligation or liability to pay sums or
or others test for, monitor, clean up, re-
move, contain, treat, detoxify or neutralize,
perform acts or services is covered unless ex-
or in any way respond to, or assess the ef-
plicitly provided for under Supplementary Pay-
facts of, "pollutants "; or
ments — Coverages A and B.
b. This insurance applies to "personal and adver-
(2)
Claim or suit by or on behalf of a govern -
mental authority for damages because of
tising injury" caused by an offense arising out of
testing for, monitoring, cleaning up, rem
your business but only if the offense was corn-
"coverage
d
ing, containing, treating, detoxifying or -
eu-
mitted in the territory" during the pol-
tralizing, or in any way responding to, or r as-
icy period.
sessing the effects of, "pollutants ".
2. Exclusions
COVERAGE C MEDICAL PAYMENTS
This insurance does not apply to:
1. Insuring
Agreement
a. Personal and advertising injury ":
a. We will pay medical expenses as described
(1) Caused by or at the direction of the insured
below
for "bodily injury" caused by an accident:
with the knowledge that the act would vio-
(1)
On premises you own or rent;
late the rights of another and would inflict
"personal and advertising injury ";
(2)
On ways next to premises you own or rent;
(2) Arising out of oral or written publication of
or
material, if done by or at the direction of the
(3)
Because of your operations;
insured with knowledge of its falsity;
provided that:
(3) Arising out of oral or written publication of
(1)
The accident takes place in the "coverage
material whose first publication took place
territory" and during the policy period;
before the beginning of the policy period;
(2)
The expenses are incurred and reported to
(4) Arising out of a criminal act committed by or
us within one year of the date of the acci-
at the direction of any insured;
dent; and
(5) For which the insured has assumed liability (3) The injured person submits to examination,
in a contract or agreement. This exclusion at our expense, by physicians of our choice
does not apply to liability for damages that as often as we reasonably require,
the insured would have in the absence of
the contract or agreement;
CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 5 of 13
19
b. We will make these payments regardless of
fault. These payments will not exceed the ap-
plicable limit of insurance. We will pay reason-
able expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x -ray and
dental services, including prosthetic de-
vices; and
(3) Necessary ambulance, hospital, profes-
sional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury ":
a. To any insured.
b. To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
c. To a person injured on that part of premises
you own or rent that the person normally occu-
pies.
d. 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. To a person injured while taking part in athlet-
ics.
f. Included within the "products- completed opera-
tions hazard ".
g. Excluded under Coverage A.
h. Due to war, whether or not declared, or any act
or condition incident to war. War includes civil
war, insurrection, rebellion or revolution.
SUPPLEMENTARY PAYMENTS — COVERAGES A
AND B
1. We will pay, with respect to any claim we investi-
gate or settle, or any "suit" against an insured we
defend:
a. All expenses we incur,
b. Up to $250 for cost of bail bonds required be-
cause of accidents or traffic law violations aris-
ing out of the use of any vehicle to which the
Bodily Injury Liability Coverage applies. We do
not have to furnish 'these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the in-
sured at our request to assist us in the investi-
gation or defense of the claim or "suit", includ-
ing actual loss of earnings up to $250 a day
because of time off from work.
e. All costs taxed against the insured in the "suit ".
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment in-
terest based on that period of time after the of-
fer.
g. All interest on the full amount of any judgment
that accrues after entry of the judgment and be-
fore we have paid, offered to pay, or deposited
in court the part of the judgment that is within
the applicable limit of insurance.
These payments will not reduce the limits of Insur-
ance.
2. 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:
a. The "suit" against the indemnitee seeks dam-
ages for which the insured has assumed the li-
ability of the indemnitee in a contract or agree-
ment that is an "insured contract ";
It. This insurance applies to such liability assumed
by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been as-
sumed by the insured in the same "insured
contract';
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the inter-
ests of the insured and the interests of the in-
demnitee;
e. The indemnitee and the insured ask us to con-
duct and control the defense of that indemnitee
against such "suit" and agree that we can as-
sign the same counsel to defend the insured
and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit';
(b) Immediately send us copies of any de-
mands, notices, summonses or legal
papers received in connection with the
"suit"
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to coor-
dinating other applicable insurance
available to the indemnitee; and
Page 6 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 98 11
(2) Provides us with written authorization to
(a) Obtain records and other information
related to the "suit "; and
(b) Conduct and control the defense of the
Indemnitee in such "suit ".
So long as the above conditions are met, attor-
neys' fees Incurred by us in the defense of that in-
demnitee, 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 2,b.(2) of Section I •- Cov-
erage A — Bodily Injury And Property Damage Li-
ability, 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 litiga-
tion expenses as Supplementary Payments ends
when:
a. We have used up the applicable limit of insur-
ance in the payment of judgments or settle-
ments; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.
SECTION II —WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insur-
eds, 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 in-
sured. Your members, your partners, and their
spouses are also insureds, but only with re-
spect 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 du-
ties as your officers or directors. Your stock-
holders are also insureds, but only with respect
to their liability as stockholders.
2. Each of the following is also an insured;
a. Your "employees ", other than either your "ex-
ecutive officers" (if you are an organization
other than a partnership, joint venture or limited
liability 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 "em-
ployees" is an insured for:
(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 liabil-
ity company), or to a co-"employee"
while that co-"employee" Is either in the
course of his or her employment or per-
forming duties related to the conduct of
your business;
(b) To the spouse, child, parent, brother or
sister of that co- "employee" as a conse-
quence 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.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or control
of, or over which physical control is be-
ing exercised for any purpose by
you, any of your "employees ", any partner
or member (if you are a partnership or joint
venture), or any member (if you are a lim-
ited liability company).
b. Any person (other than your "employee "), or
any organization while acting as your real es-
tate manager.
c. Any person or organization having proper tem-
porary 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.
CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 7 of 13 Q
d. Your legal representative if you die, but only
With respect to duties as such. That representa-
tive will have all your rights and duties under
this Coverage Part.
3. 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 per-
mission. Any other person or organization respon-
sible for the conduct of such person is also an in-
sured, 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 in-
sured under this provision.
4. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, 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 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
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.
SECTION III — LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay re-
gardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits ".
2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
It. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included In the "products- completed operations
hazard "; and
c. Damages under Coverage B.
3. The Products - Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodily injury" and "property
damage" included in the "products- completed op-
erations hazard ".
4. Subject to 2. above, the Personal and Advertising
Injury Limit is the most we will pay under Coverage
B for the sum of all damages because of all "per-
sonal and advertising injury" sustained by any one
person or organization.
5. Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property dam-
age" arising out of any one "occurrence ".
6. Subject to 5. above, the Damage To Premises
Dented To You Limit is the most we will pay under
Coverage A for damages because of "property
damage" to any one premises, while rented to you,
or in the case of damage by fire, while rented to
you or temporarily occupied by you with permission
of the owner.
7. Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury" sus-
tained by any one person.
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.
Page 8 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 0107 93 ❑
SECTION IV-- COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obliga-
tions under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You 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 pos-
sible, 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) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written no-
tice of the claim or "suit" as soon as practica-
ble.
c. You and any other involved insured must:
(1) Immediately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the claim
or "suit';
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit "; and
(4) Assist us, upon our request, in the en-
forcement of any right against any person or
organization which may be liable to the in-
sured because of injury or damage to which
this insurance may also apply.
d. 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.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
It. To sue us on this Coverage Part 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 obtained after an actual trial;
but we will not be liable for damages that are not
payable under the terms of this Coverage Part or
that are in excess of the applicable limit of insur-
ance. An agreed settlement means a settlement
and release of liability signed by us, the insured
and the claimant or the claimant's legal represen-
tative,
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as follows:
a. Primary Insurance
This insurance is primary except when b, below
applies. If this insurance Is primary, our obliga-
tions are not affected unless any of the other
Insurance is also primary. Then, we will share
with all that other insurance by the method de-
scribed in c. below.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance, whether pri-
mary, excess, contingent or on any other
basis:
(a) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or similar
coverage for "your work ";
(b) That is Fire insurance for premises
rented to you or temporarily occupied by
you with permission of the owner;
(c) That is insurance purchased by you to
cover your liability as a tenant for "prop-
erty damage" to premises rented to you
or temporarily occupied by you with
permission of the owner; or
(d) 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 I — Coverage A — Bodily Injury
And Property Damage Liability.
(2) Any other primary insurance available to
YOU covering liability for damages arising
out of the premises or operations for which
you have been added as an additional in-
sured by attachment of an endorsement.
CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 9 of 13 ❑
When this insurance is excess, we will have no
duty under Coverages A or B to defend the in-
sured against any "suit" if any other insurer has
a duty to defend the insured against that "suit ".
If no other insurer defends, we will undertake to
do so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other in-
surance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other insur-
ance would pay for the loss in the absence
of this insurance; and
(2) The total of all deductible and self- insured
amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in this
Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method
also. Under this approach each insurer contrib-
utes equal amounts until it has paid its applica-
ble limit of insurance or none of the loss re-
mains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of in-
surance of all insurers.
5. Premium Audit
a. We will compute all premiums for this Cover-
age Part In accordance with our rules and
rates.
b. Premium shown in this Coverage Part as ad-
vance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period. Audit pre-
miums are due and payable on notice to the
first Named Insured. If the sum of the advance
and audit premiums paid for the policy period is
greater than the earned premium, we will return
the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium computa-
tion, and send us copies at such times as we
may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accu-
rate and complete;
b. Those statements are based up�ance rresant
tions you made to us; and
c, We have issued this policy upon
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any
payment we have 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 them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not lass than 30 days before the expi-
ration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V — DEFINITIONS
1. "Advertisement" means a notice that is broadcast
or published to the general public or specific mar-
ket segments about your goods, products or ser-
vices for the purpose of attracting customers or
supporters.
2. "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 ".
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death re-
sulting from any of these at anytime.
4. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
Page 10 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 98 ❑
b. International waters or airspace, provided the
injury or damage does not occur in the course
of travel or transportation to or from any place
not Included in a, above; or
c. All parts of the world if:
(1) The Injury or damage arises out of:
(a) Goods or products made or sold by you
in the territory described in a. above; or
(b) The activities of a person whose home is
in the territory described in a. above, but
IS away for a short time on your busi-
ness; and
(2) The Insured's responsibility to pay damages
Is determined in a "suit" on the merits, in the
territory described in a, above or in a set-
tlement we agree to.
5. "Employee" includes a "leased worker ". "Employee"
does not include a "temporary worker ".
6. "Executive officer" means a person holding any of
the officer positions created by your charter, con-
stitution, by -laws or any other similar governing
document.
7. "Hostile fire" means one which becomes uncontrol-
lable or breaks out from where it was intended to
be.
8. "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, defi-
cient, inadequate or dangerous; or
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 re-
moval of "your product" or "your work "; or
b. Your fulfilling the terms of the contract or
agreement.
9. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of prem-
ises that indemnifies any person or organiza-
tion for damage by fire to premises while rented
to you or temporarily occupied by you with
permission of the owner is not an "insured con-
tract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition op-
erations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an In-
demnification 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 dam-
age" to a third person or organization. Tort li-
ability means a liability that would be imposed
by law in the absence of any contract or
agreement.
Paragraph f, does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for "bodily injury"
or "property damage" arising out of con-
struction or demolition operations, within 50
feet of any railroad property and affecting
any railroad bridge or trestle, tracks, road-
beds, tunnel, underpass or crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifi-
cations; or
(b) Giving directions or instructions, or fail-
ing to give them, if that is the primary
cause of the injury or damage; or
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the in-
sured's rendering or failure to render pro-
fessional services, including those listed in
(2) above and supervisory, inspection, ar-
chitectural or engineering activities.
10. "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
worker" does not include a "temporary worker ".
11. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto ";
b. While it is in or on an aircraft, watercraft or
"auto "; or
CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 91 of 13 ❑
c. While it is being moved from an aircraft, water-
craft or "auto" to the place where it is finally de-
livered;
but "loading or unloading" does not Include the
movement of property by means of a mechanical
device, other than a hand truck, that is not at-
tached to the aircraft, watercraft or "auto ".
12. "Mobile equipment' means any of the following
types of land vehicles, including any attached ma-
chinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self - propelled or not, main-
tained primarily to provide mobility to perma-
nently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in a., b., c. or d. above
that are not self - propelled and are maintained
primarily to provide mobility to permanently at-
tached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building clean-
ing, geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.
However, self - propelled vehicles with the fol-
lowing types of permanently attached equip-
ment are not "mobile equipment" but will be
considered "autos ":
(1) Equipment designed primarily for:
(a) 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 generators,
including spraying, welding, building clean-
ing, geophysical exploration, lighting and
well servicing equipment.
13. "Occurrence" means an accident, Including con-
tinuous or repeated exposure to substantially the
same general harmful conditions.
14. "Personal and advertising Injury" means injury,
including consequential "bodily injury ", arising out
of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into,
or invasion of the right of private occupancy of
a room, dwelling or premises that a person oc-
cupies, committed by or on behalf of its owner,
landlord or lessor;
d. Oral or written publication of material that slan-
ders or libels a person or organization or dis-
parages a person's or organization's goods,
products or services;
e. Oral or written publication of material that vio-
lates a person's right of privacy;
f. The use of another's advertising idea in your
"advertisement "; or
g. Infringing upon another's copyright, trade dress
or slogan in your "advertisement ".
15. "Pollutants" mean 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.
16. "Products- completed operations hazard ":
a. Includes all "bodily injury" and "property dam-
age" 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 pos-
session; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the fol-
lowing 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 con-
tract 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.
Work that may need service, maintenance,
correction, repair or replacement, but which
is otherwise complete, will be treated as
completed.
Page 12 of 13 Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 98 11
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;
(2) The existence of tools, uninstalled equip-
ment or abandoned or unused materials; or
(3) Products or operations for which the classi-
fication, listed in the Declarations or in a pol-
icy schedule, states that products -
completed operations are subject to the
General Aggregate Limit.
17. "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 the 'occur-
rence" that caused it.
18. "Suit" means a civil proceeding in which damages
because of "bodily injury ", "property damage" or
"personal and advertising injury" to which this in-
surance applies are alleged. "Suit" includes:
20. "Your product" means:
a. Any goods or products, other than real prop-
erty, manufactured, sold, handled, distributed
or disposed of by:
(1) You;
(2) Others trading under your name; or
(3) A person or organization whose business or
assets you have acquired; and
b. Containers (other then vehicles), materials,
parts or equipment furnished in connection with
such goods or products.
"Your product" includes:
a. Warranties or representations made at any
time with respect to the fitness, quality, durabil-
ity, performance or use of "your product "; and
b. The providing of or failure to provide warnings
or instructions,
"Your product" does not include vending machines
or other property rented to or located for the use of
others but not sold.
21. "Your work" means:
a. Work or operations performed by you or or
your behalf; and
b. Materials, parts or equipment furnished in con-
nection with such work or operations.
"Your work" includes:
a, An arbitration proceeding in which such dam- a. Warranties or representations made at any
ages are claimed and to which the insured time with respect to the fitness, quality, durabil-
must submit or does submit with our consent; ity, performance or use of "your work; and
or b. The providing of or failure to provide warnings
b. Any other alternative dispute resolution pro- or instructions.
ceeding in which such damages are claimed
and to which the insured submils with our con-
sent.
19. "Tomporary worker" means a person who is fur-
nished to you to substitute for a permanent "am-
ployee" on leave or to meet seasonal or short -term
workload conditions.
CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 13 of 13