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HomeMy WebLinkAboutOVERDRIVE, INC. 1B -2015INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES i' -J f5' F COU DATE;. CLERK�UN M2015 N-2015-100 ' SECOND AMENDMENT TO DIGITAL CONTENT HOSTING PROS/ (®, AND DISTRIBUTION AGREEMENT Silvia Cuevas THIS SECOND AMENDMENT to the above -referenced agreement is made and entered into on May 20, 2015 by and between OverDrive, Inc., a Delaware corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into the Digital Content Hosting and Distribution Agreement #N-2013-018, dated February 27, 2013 ("Agreement"), by which Contractor agreed to host and distribute digital content to the Santa Ana Library. 13, On June 27, 2013, the parties executed a First Amendment to Agreement #N-2013.018- 001, to include additional compensation for services pursuant to the Agreement, C. The term of the Agreement is for a period of three years, from February 27, 2013 through February 27, 2016, and the Agreement remains in effect. D. The parties wish to further amend the Agreement to increase the total annual compensation to be expended under the Agreement. The Parties therefore agree: 1, Section 2, Compensation, is further amended to include an additional Three Thousand Dollars ($3;000.00) so that the total sum to be expended under the Agreement shall not exceed Twenty -Five Thousand Dollars ($25,000.00) annually. 2. Except as modified by this Second Amendment, and the First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Q Clerk of the Council A DAV4D CAVAZOS City Manager APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: w /'V " T 2. J N M. FUNK A sistant City Attorney RECOMMENDED FOR APPROVAL GERARDO MOUET Executive Director of Parks, Recreation and Community Services Agency OverDrive, Inc, Title; -^OVERINC-01 CINDYCLARK DoTArc l o CERTIFICATE OF LIABILITY INSURANCE DA8125/20t YYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsomenttai. - Insurance Group, Inc. we BE III, WA 98040.$014 INSURED OverDrive, Inc. u One OverDrive Way Cleveland, OH 44125 232.9570 ac N01. 1_(206) 232.9515 INSURERS}AFFORDING COVERAGE NAI INSURER A: NationalFire Ins, Co. of Hartford 20478 . ................... .--— , _._._... INSURER a,Transportatlon. insurance Co. 20494 iNSURERC Continental 1. Casualty Co. 20443 INSURER D. INSURER E: COVFRAOF9 CFRTIFICATF NUMBER- REVISION NUMBER: 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 REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHIGH 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. SUSR _.......11111 ........ INSR _........ .......... ADDL. LTR TYPEOPINSURANCE POLICYNUMDER .... . 111 00LICYEFF POLICYEXP LIMITS..... MIDDIYYYY MIDDIYYYYI _.... A XCOMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 __....._ CLAIMS -MAGE X. OCCUR X 4030411 OAV)ECF"TOAENYEO$37 .0970372014 0910312415 P,REMIBE§..LEa [ICC`J'TWIe) ;.+. ._ 500,04 .,. MEDEXP(An,,ompemonl S 15,000 PERSONAL& ADV INJURY $ 1,000,000 GENL AGCREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 _— POLICY _;�T ..........LOC PRODUCTS-OOMPIOPAGG $ 2,D00,000 OTHER' $ AUTOMOBILE LIABILitt��C)MBINEO SINGLE LIMIT 5 .. __... 1,000,000 _,.. B X ANY AUro 4030411671 09/03/2014 09143/2015 BGnILV lwunr_ (Pa(parson) $ - ALLOWNED 'SCHEDULED SOGILY INJURY IPer a"Hwft) S AUTO$ AUTOS X X NON0EANNED acnaenlDAMAt3F $ HIRED AUTOS AUTX _jPaOr UMBRELLA LIAB X OCCUR _ EACH OCCURRENCE $ 10,000,000 C EXCESS LIAB ct�uMS-MADE 40304115$7 OW03/2014, 0 910 312 01 5 AGGREGATE.... s 10,060,00 DED X RETENTIONS 10,000 S WORKERS COMPENSATION STATUTE ER AND EMPLOYERS'LIABILITY YIN - -- - - ANYPROPRIETORIPARTNERIEXECUTIVE EI LAChI ACCIDENT 5 OFFICER/MEMBER EXCLUDED? El' N t A (Mandatory In NH} E.L DISEASE- EA EMPLOYEE S If Yes, dasuitm Under DESCRIPTION OF OPERATIONS Uebw E.LDISEASE-POUCYUMn S A Professional Liab 4030491637 09/03/2014 69/03/2015 Deductible -$500,000 10,000,000 DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (ACORD 101, Add tlwal Remarks SchadW , may be attaafud if more apace is mgwmd) City of Santa Ana, its officers, agents and ampioyees are additional insured as required by written contract per attached endorsement $ S City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �U © 1988.2014 ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD e =1 G -144294-C99 (Ed. 12/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED (Section II) is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor 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 that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor, d. Repackaging, except when unpacked solely for the purpose of inspection, a demonstration, testing, or the substitution of parts under instructions from the gmanufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of c business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or G -144294•C99 (Ed. 12/06) h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 1. does not apply to any vendor Included as an Insured by an endorsement Issued by us and made a part of this Coverage Part. 4. This provision 1, does not apply If "bodily injury' or "property damage" included within the "products -completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a, through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be. 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but only the following persons or organizations are additional insureds under this endorsement and coverage provided to 1of6 €'�L=U1?ail�ltf-vttAs�9e such additional insureds is limited as provided herein: a. Additional Insured—"Your Work" That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from "your work' for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows; (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this paragraph. 2.a., does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless: (a) It is required by the written contract or written agreement; and (b) "Bodily injury, or "property damage" included within the "products -completed operations hazard" is not excluded either by the provisions of the Coverage Part or by endorsement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: G -144294-C99 (Ed. 12106) G-144294099 (Ed. 12106) (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: 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 additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as r1 Pa e 2 of 6 mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests – Land is Leased G -144294-C99 (Ed. 12/06) Any insurance provided to an additional insured designated under paragraphs b, through h. above does not apply to "bodily injury" or "property damage included within the "products -completed operations hazard." As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following: G -144294-C99 (Ed, 12/06) Page 3 of 6 b y illi tCV) An owner or other interest from whom 4. Otherinsurance land has been leased by you but only with b. Excess Insurance respect to liability arising out of the ownership, maintenance or use of that This insurance is excess over: specific part of the land leased to you and Any other insurance naming the subject to the following additional additional insured as an insured whether exclusions: primary, excess, contingent or on any This insurance does not apply to: other basis unless a written contract or agreement specifically requires that this (1) Any "occurrence" which takes place insurance be either primary or primary after you cease to lease that land; or and noncontributing. Where required by (2) Structural alterations, new written contract or agreement, we will consider any other insurance maintained construction or demolition operations by the additional insured for injury or performed by or on behalf of such damage covered by this endorsement additional insured, be excess and noncontributing with this g. Co-owner of Insured Premises insurance. A co-owner of a premises co -owned by 3. NEWLY FORMED OR ACQUIRED you and covered under this insurance but ORGANIZATIONS only with respect to the co-owners liability Paragraph 3.a. of Section ii – Who Is An Insured is as co-owner of such premises. deleted and replaced by the following: h. Lessor of Equipment Coverage under this provision is afforded only until the Any person or organization from whom end of the policy period or the next anniversary of this you lease equipment. Such person or policy's effective date after you acquire or form the organization are insureds only with organization, whichever is earlier, a respect to their liability arising out of the 4. JOINT VENTURES / PARTNERSHIP / LIMITED maintenance, operation or use by you of LIABILITY COMPANY COVERAGE equipment leased to you by such person s or organization. A person's or A. The following is added to Section II – Who Is An organization's status as an insured under Insured: this endorsement ends when their written 4. You are an insured when you had an interest agreement with you for such in a joint venture, partnership or limited sed equu ipment ends. leased liability company which terminated or ended With respect to the insurance afforded prior to or during this policy period but only to these additional insureds, the following the extent of your interest in such joint - additional exclusions apply: venture, partnership or limited liability —_ This insurance does not apply: company. This coverage does not apply: — (1) To any "occurrence" which takes a, Prior to the termination date of any joint venture, partnership or limited liability _ place after the equipment lease company; or expires; or e _ (2) To "bodilyinjury dame e;' J 0" " 9 b. If there is other valid and collectible insurance purchased specifically to insure or "personal and advertising Injury" the partnership, joint venture or limited arising out of the sole negligence of liability company. such additional insured. G -144294-C99 (Ed, 12/06) Page 3 of 6 b y illi tCV) B. The last paragraph of Section tl — Who Is An Insured is deleted and replaced by the following: Except as provided in 4. above, 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. S. PARTNERSHIP OR JOINT VENTURES Paragraph 1.b. of Section II — Who Is An Insured is deleted and replaced by the following: b. A partnership (including a limited liability 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. 6. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES For other than a physician, paragraph 2.a.(1)(d) of Section II — Who Is An Insured does not apply with respect to professional health care services provided in the course of employment by you. 7, PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion J. Damage to Property of SECTION I — EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III — LIMITS OF INSURANCE. The insurance afforded by this provision 7, is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 6. BODILY INJURY Section V — Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. G -144294-C99 (Ed, 12/06) h. Discrimination or humiliation that results in Injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured: and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability is amended to include the following: p. Discrimination Relating To Room, Dwelling or Promises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. q. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE does not apply to policies issued in the states of New York or Ohio. D. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. f[+�i'i Ix�ICdt1�717i}ilk: YIEc 9. EXPANDED PERSONAL AND ADVERTISING A. Paragraph 7. Medical Expense Limit, of Section INJURY III — Limits of Insurance is deleted and replaced A. The following is added to Section V — Definitions, by the following: the definition of "personal and advertising injury": 7. Subject to 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section — I — Coverage C G -144294-C99 (Ed. 12/06) t 1 s't.il k h ); 'v c: <OPago 4 of 6 Y �: t for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of. (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. This provision 10. (Medical Payments) does not apply if Section I — Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(2) of Section I — Coverage C — Medical Payments, is replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 11. SUPPLEMENTARY PAYMENTS A. tinder Section I — Supplementary Payments — Coverages A and B, Paragraph 1.1b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B, In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 12. PROPERTY DAMAGE —ELEVATORS With respect to Exclusions of Section I — Coverage A, Paragraphs (3), (4) and (6) of Exclusion j. and Exclusion It. do not apply to the use of elevators. The insurance afforded by this provision 12. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 13. LEGAL LIABILITY — DAMAGE TO PREMISES A, Under Section I — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, iiiiiiiQ 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) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; G -144294-C99 (Ed. 12/06) (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. 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 (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic Ere protective systems) 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 III — Limits Of Insurance. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under Section I — Coverage A — Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily 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. C. Paragraph 6, Damage To Premises Rented To You Limit of Section III — Limits Of Insurance is replaced by the following: G -144294-C99 �{ 'v)`. 1r1 LN v1i 1 Page 5 of 6 (Ed. 12/06) 14-1`. 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "properly damage" to any one premises while rented to you or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(b) of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 13. (LEGAL LIABILITY — DAMAGE TO PREMISES) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 14. NON -OWNED WATERCRAFT Under Section I — Coverage A — Bodily Injury and Property Damage, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 15. NON -OWNED AIRCRAFT Exclusion 2.g. of Section I — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; G•144294 -C99 (Ed. 12106) 16. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to : (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. 17, NOTICE OF OCCURRENCE The following is added to paragraph 2. of Section IV — Commercial General Liability Conditions — Duties In The Event of Occurrence, Offense Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Park. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I — Coverage A — Bodily Injury and Property Damage Liability is replaced by the following: a. "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. 29. LIBERALIZATION CLAUSE 2. It is rented with a trained, paid crew; and If we adopt a change in our forms or rules which would 3. It does not transport persons or cargo for a broaden coverage provided under this endorsement charge. without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. G -144294-C99 (Ed. 12106) k. 1 Page 6 of 6 OVERINC-01 CINDYCLARK 4c� CERTIFICATE OF LIABILITY INSURANCE DAM 8128/2014V) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER CONTACT Caledonian Insurance Group, Inc. PHONE,1 206)\ 06 () 232-9870 FAX 1 2 232.951.5 (AIC, NoExt): 1 (AIC, No): 3023 80th Ave SE Suite 300 _ E-MAIL ADDRESS: _ Mercer Island, WA 98040-6014 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADEL R LTR SUB TYPE OF INSURANCE IN D D INSURER(S)AFFOROING COVERAGE NAICa A X COMMERCIAL GENERAL LIABILITY INSURERA:National Fire Ins. Co. of Hartford 20478 INSURED _INSURER _B: Transportation Insurance Co. 20494 OverDrive, Inc. INSURER C: Continental Casualty Co. _ 20443_ One OverDrive Way INSURER D: 1,000,000 Cleveland, OH 4411I^^25 GENERAL AGGREGATE $ 2,000,000 "t x^� c� D_t.J-.�.l. a PRODUCTS-COMPIOPAGG S 2,000,000 OTHER. INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1,000,000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADEL R LTR SUB TYPE OF INSURANCE IN D D POLICY EFF POLICY EXP POLICY NUMBER MMIDDIYYYY (MMIDDrOOOB LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MAGE X OCCUR X _ _. 4030411637 09/03/2014 09103/2015 DAMAGE TO RENTED PREM ISES _(Ea occunence__S 500,000 MED EXP (Anyone person) S 15,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMPIOPAGG S 2,000,000 OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ (Ea accident) B X ANY AUTO 4030411671 09/03/2014 09/03/2015 BODILY INJURY (Per person) S ALL OWNED SCHEDULED _ AUTOS AUTOS BODILY INJURY (Per accident) $ _ X X WN -OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS (Per accident) 5 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 10,000,000 C EXCESS LIAB CLAIMS -MADE 4030411587 09/03/2014 09/03/2015 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 S WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOMPARTNERIEXECUTIVE E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED' NIA ❑ - - (MandatorylnNH) EL. DISEASE - EA EMPLOYEE S If yes, describe under ----------------- DESCRIPTION OF OPERATIONS below EL.DISEASE - POLICY LIMIT S A Professional Liab 4030411637 09/03/2014 09/03/2015 Deductible -$500,000 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be allached if more space i§(e�I"retlL City of Santa Ana, its officers, agents and employees d�. are additional insured as required by written con[racll�k1l0.0.4u44aYf�4f(j Ment. Silvia Cuevas P CSAIAdrnin. ana.0 anra1q: P1q-3q Od 9Ln a lk L'\Lei 0 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CNA G -144294-C99 (Ed. 12/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED —BLANKET VENDORS WHO IS AN INSURED (Section II) is amended to include as an additional insured any person or (� organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor 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 that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d, or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 1. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. d. Repackaging, except when unpacked 4. This provision 1. does not apply if "bodily solely for the purpose a inspection, injury" or "property damage" included within demonstration, testing, a the substitution the "products -completed operations hazard" is excluded either by the provisions of the of parts under instructions from the manufacturer, and then repackaged in the Coverage Part or by endorsement. original container; 2. MISCELLANEOUS ADDITIONAL INSUREDS e. Any failure to make such inspections, WHO IS AN INSURED (Section ll) is amended to adjustments, tests or servicing as the include as an insured any person or organization vendor has agreed to make or normally (called additional insured) described in paragraphs undertakes to make in the usual course of 2.a. through 2.h. below whom you are required to add business, in connection with the as an additional insured on this policy under a written distribution or sale of the products; contract or agreement but the written contract or f. Demonstration, installation, servicing or agreement must be: repair operations, except such operations 1. Currently in effect or becoming effective performed at the vendor's premises in during the term of this policy; and connection with the sale of the product; 2. Executed" rior to the "bodily u "property P Y in 1 rY�" "P P Y g. Products which, after distribution or sale ed by • damage" or "personal injury and advertising by you, have been labeled or re}�IZst@l injury," but only the following persons or used as a container, part or ingFFe��3``ient of �j1 orgpizations are additional insureds under any other thing or substance by or for the ?L is endorsement and coverage provided to vendor; or st`Vta Cuevas G-1441294-C99/9PRGgp� A�mt�' Page 1 of 6 such additional insureds is limited as provided herein: a. Additional Insured —"Your Work" That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this paragraph. 2.a., does not apply to 'bodily injury" or 'property damage" arising out of the 'products -completed operations hazard" unless: (a) It is required by the written contract or written agreement; and (b) 'Bodily injury" or 'property damage" included within the "products -completed operations hazard" is not excluded either by the provisions of the Coverage Part or by endorsement. (3) The insurance provided to the additional insured does not apply to "bodily injury," 'property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions G -144294-C99 (Ed. 12/06) (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," 'property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or A state or political subdivision subject to the following provisions: (2) Structural alterations, new construction or demolition operations (1) This insurance applies only with performed by or on behalf of such respect to the following hazards for additional insured. which the state or political subdivisiop�eviewed by. has issued a permit in connectiohh�` ( e. Mortgagee, Assignee or Receiver with premises you own, rent, or 2) A mo gee, assignee or receiver but control and to which this insurance y with respect to their liability as applies: Silvia Guevas G -144294-C99 pRCSA/Admtn- Page 2 of 6 (Ed. 12/06) mortgagee, assignee, arising out of maintenance, or use you. or receiver and the ownership, of a premises by This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to (1) Any "occurrence" which 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 additional insured. g. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage," or "personal and advertising injury" arising out of -the sole negligence of such additional insured. . i G -144294-C99 (Ed. 12/06) G -144294-C99 (Ed. 12/06) Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following: 4. Otherinsurance b. Excess Insurance This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 3. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section II — Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 4. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section II — Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability d bl6mpany; or RevteWe b. If there is other valid and collectible {I� nsurantl MChased specifically to insure artnership, joint venture or limited Gugl� company. PRGSPI Pdmtr Page 3 of 6 B. The last paragraph of Section II — Who Is An Insured is deleted and replaced by the following: Except as provided in 4. above, 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. 5. PARTNERSHIP OR JOINT VENTURES Paragraph 1.b, of Section II — Who Is An Insured is deleted and replaced by the following: b. A partnership (including a limited liability 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. 6. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES For other than a physician, paragraph 2.a.(1)(d) of Section II — Who Is An Insured does not apply with respect to professional health care services provided in the course of employment by you. 7. PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion j. Damage to Property of SECTION I — EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III — LIMITS OF INSURANCE. The insurance afforded by this provision 7. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 8. BODILY INJURY Section V — Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. G -144294-C99 (Ed. 12/06) h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability is amended to include the following: p. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. q. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE does not apply to policies issued in the states of New York or Ohio. D. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 10. MEDICAL PAYMENTS 9. EXPANDED PERSONAL AND ADVERTISING A. Paragraph 7. Medical Expense Limit, of Section INJURY�eV1e�g(� by ° III — Limits of Insurance is deleted and replaced A. The following is added to Section V — Definitions, by the following: the definition of "personal and advertising inj511 ubject to 5. above (the Each Occurrence cue O•�v°a Limit), the Medical Expense Limit is the most t1 we will pay under Section — I — Coverage C G -144294-C99 PRG SA�,,,�r�. Page 4 of 6 (Ed. 12/06) G -144294-C99 (Ed. 12/06) for all medical expenses because of "bodily (3) Property loaned to you; injury" sustained by any one person. The (4) Personal property in the care, Medical Expense Limit is the greater of: custody or control of the insured; (1) $15,000; or (5) That particular part of real property (2) The amount shown in the on which you or any contractors or Declarations for Medical Expense subcontractors working directly or Limit. indirectly on your behalf are B. This provision 10. (Medical Payments) does performing operations, if the "property damage" arises out of those not apply if Section 1 — Coverage C Medical operations; or Payments is excluded either by the provisions of the Coverage Part or by (6) That particular part of any property endorsement. that must be restored, repaired or C. Paragraph 1.a.(3)(2) of Section I —Coverage replaced because "your work" was incorrectly performed on it. C — Medical Payments, is replaced by the following: Paragraph (2) of this exclusion does not The expenses are incurred and reported to us apply if the premises are "your work" and were never occupied, rented or held for within three years of the date of the accident; rental by you. and 11. SUPPLEMENTARY PAYMENTS Paragraphs (1), (3) and (4) of this exclusion do not apply to "property A. Under Section I — Supplementary Payments — damage" (other than damage by fire, Coverages A and B, Paragraph 1.b., the limit of lightning, explosion, smoke, or leakage $250 shown for the cost of bail bonds is replaced from automatic fire protective systems) to by $2,500: premises including the contents of such premises, rented to you for a period of 7 B. In Paragraph 1.d., the limit of $250 shown for daily or fewer consecutive days. loss of earnings is replaced by $1,000. A separate limit of insurance applies to 12. PROPERTY DAMAGE — ELEVATORS Damage To Premises Rented To You as With respect to Exclusions of Section I — Coverage A, described in Section III — Limits Of paragraphs (3), (4) and (6) of Exclusion j. and Insurance. Exclusion k. do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this The insurance afforded by this provision 12. is excess exclusion do not apply to liability over any valid and collectible property insurance assumed under a sidetrack agreement. (including any deductible) available to the insured, and Paragraph (6) of this exclusion does not the Other Insurance Condition is changed accordingly. apply to "property damage" included in 13. LEGAL LIABILITY — DAMAGE TO PREMISES the "products -completed operations hazard" A. Under Section I — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion B. Under Section I — Coverage A — Bodily Injury j. is replaced by the following. and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the "Property damage" to: following. (1) Property you own, rent, or occupy. Exclusions c, through n. do not apply to damage including any costs or expenses by fire, lightning, explosion, smoke, or leakage incurred by you, or any other person, from automatic fire protective systems to premises organization or entity, for repair, while rented to you or temporarily occupied by you replacement, enhancement, with permission of the owner. restoration or maintenance of such property for any reason, including A separate limit of insurance applies to this prevention of injury to a person or coverage as described in Section III — Limits Of damage to another's property; Insurance. (2) Premises you sell, give away ❑C,�eNNe,6PLagraph "property 6. Damage To Premises Rented To You Limit of Section 111— Limits Of Insurance is abandon, if the darn j ,+`� arises out of any part of those �`� replac following: premises; C _ uevaSS G -144294-C99 S1JV1d G Ptlm\n' Page 5 of 6 (Ed. 12/06) PRGSP� 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(b) of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 13. (LEGAL LIABILITY — DAMAGE TO PREMISES) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 14. NON -OWNED WATERCRAFT Under Section I — Coverage A — Bodily Injury and Property Damage, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 15. NON -OWNED AIRCRAFT Exclusion 2.g. of Section I — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; G -144294-C99 (Ed. 12/06) 16. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit' only when the 'occurrence," offense, claim or "suit' is known to : (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. 17. NOTICE OF OCCURRENCE The following is added to paragraph 2. of Section IV — Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit' and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this 'occurrence," offense, claim or "suit' to us as soon as you are aware that this insurance may apply to such 'occurrence," offense claim or "suit." 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I — Coverage A — Bodily Injury and Property Damage Liability is replaced by the following, a. '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. 20. LIBERALIZATION CLAUSE 2. It is rented with a trained, paid crew; and If we adopt a change in our forms or rules which would 3. It does not transport persons or cargo for a broaden coverage provided under this endorsement charge. it o�t�a�n additional premium charge, your policy will RevieW�rb$Yically provide the additional coverages as of the date the revision is effective in your state. Silvia Cuevas G -144294-C99 (Ed. 12/06) pRCSAiafifYllh. Page 6 of 6 0 DATE (MMIDDIYYYYI.. C" CERTIFICATE OF LIABILITY INSURANCE 912/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE, CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT .T.rl*,rn iCna fiar�n Assured SKCG, Inc. 123 Main Street 14th floor White Plains INSURED OverDrive, Inc. One OverDrive way ) -,-N? C.) I "; .._I t' d' INSURER E Cleveland OH 44125 INSURER F COVERAGES CERTIFICATE NUM',BER:CL159271084 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS„ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ._ TYPE OF INSURANCE ADDL SU®R. _. POLICY EFF LTR POLICY NUMBER MMIDDIYNYY POLICY EXP......LIMITS MMIDD1YYYY X !.. COMMERCIAIL. GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 A _. CLAIMS -MADE - X... OCCUR GE TO RENTED 1,000,000 DAMAPREM PREMISES (Ea occurrence) $ -. X. ZDY 9599284--03 6/30/2015 _._ 6/30/201..6 MED EXP (Any one person) $ 10,000 PERSONAL 8, ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PERS GENERAL AGGREGATE $ 2, 000, 000 POLICY PRC - ECT X LCC PRODUCTS - COMPIOPAGG $ 2,000,000 OTHER. $ AUTOMOBILE LIABILITY .. COMBINED SINGLE LIMIT' $ 1, 000:000 (Ea accident)......... ....._ _ X. ANY AUTO 80D] LY INJURY (Per person) $ B ALL OWNED SCHEDULED Appy -A663368'-00 6/30/2015 AUTOS AUTOS ......... 6/30/2016 BODILY INJURY (Per accident) $ NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Peraccident)._. $ X.... UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAB CLAIMS -MADE AGGREGATE.... $ 10,000,000 DED RETENTION $ OHY 9599285-03 6/30/2015 6/30/2016 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS" LIABILITY YIN ...... STATUTE ER„ ANY PROPRIETORfPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBNIA AER EXCLUDED? N ....... ... C (Mandatory in NH) ....... W2Y-9571546-04 6/30/2015 6/30/2016 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under ._.... ........ ....... ......... DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Technology, Media EON 625541546 004 6/30/2015 6/30/2016 U61: of Liability $10,000,000 Professional. Liability DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Santa Ana, its officers, agents and employees are named as additional insureds. Additional insured status is granted for General Liability per policy terms and conditions, when required by written Icontract. Thirty (30) day notice of cancellation, General Liability Coverge is Primary & Non --Contributory when required by written contract- 6�r*w . CERTIFICATE HOLDER Wq \KJ ) ELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ' City of Santa .Ana 00 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 r�^^�e . 20 Civic Center plaza tiJ �(� ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 c\y AUTHORNZED REPRESENTATIVE �y �J Richard Canter/VENNI @ 1988-2014 ACORD CORPORATION. All rights reserved.. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 rgn,ani} ZDY 9599284 03 8608114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured — Primary and Non -Contributory Included 3. Blanket Waiver of Subrogation Included 4. Bodily Injury Redefined Included 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods & Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included 8. Medical Payments Included 9. Newly Acquired or Formed Organizations - Covered until end of policy period Included 10. Non -owned Watercraft 51 ft, 11. Supplementary Payments Increased Limits K Bail Bonds $2,500 Loss of Earnings- <eA G\1 $1000� 12. Unintentional Failure to Disclose Hazards Included 13. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Addlitilionall Insured by Contract, Agreement or Permit The following is added to SECTION 11 — WHO IS ANINSURED: Additional Insured by Contract, Agreement or Permft a. Any person or organization with whom you agreed in a written contract, written agreement or permit that such person or organization to add an additional insured on your policy is an additional insured 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, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit: (2) Premises you own, rent, lease or occupy-, or (3) Your maintenance, operation or use of equipment leased to you. lb. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law-, and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. 421 -2915 12 14 Yncludes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 (3) Applies on a primary basis if that is required by the written nmntraut, written agreement orpermit. (4) Will not be broader than coverage provided toany other insured. (5) Does not apply if the "bodily injwry^. ~property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Pmrt, including any endorsements thereto. o. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior tothe "bodily injury^. ''property damage", or "personal injury and advertising injury" (2) Toany person ororganization included os an insured by another endorsement issued by um and made part of this Coverage Port. (3) Tnany lessor oyequipmemt (m) After the equipment lease expieas�or (b) If the "bodily injury". ''property damage'. ^permumm| and advertising injury" arises out of sole negligence of thelessor (a) Owners mother interests from. whom land has been leased which takes place after the lease for the land ax' pires� or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or amage", "personal injury" or O�00 advertising injury" arises out of structural alterations, new con- -struction or demolition operations performed by or on behalf of the manager or lessor. To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the mupomimion, hiring, employment, training ormonitoring of cdhena by that inmured, if the "occurrence" which caused the "bodily injury" mr"property damage" mrthe, offense which caused the "personal and ZDY 9599284 03 8608114 advertising injury" involved the nemdohnQ of or failure to render any professional services byorfor you. d. With respect to the insurance afforded to these additional imsunedm, the following is added to SECTION U| — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured for a covered claim is the lesser ofthe amount ofinsurance: 1. Required by the oomtmaut, agreement or permit described inParagraph o.|or 2. Available under the applicable Limits of Insurance shown inthe Declarations. This endorsement shalt not increase the applicable Limits of Insurance ohuvvn in the Declarations. 2. Additional Insured — Primary and Non - Contributory The following is added to SECTION |V — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.Other insurance: Additional Insured — Primary and Non - Contributory If you agree in a written oomtnaot, written agreement orpermit that the insurance provided to any person or organization included as an Additional Insured under SECTION N —VVHO IS AN |NSURED, is primary and non-contributory, the following applies: |fother valid and collectible insurance is available tothe Additional Insured for a |ooe covered under Coverages A or B of this Coverage Part, our obligations are limited aafollows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance owa0mb|e to the Additional Insured except: (1) For the sole negligence ofthe Additional Insured-, (2) When the Additional |mawnmd is an Additional Insured under another primary liability policy; or (3) when b. below applies. If this, imounmmoo is phmary, our obligations are not affoohad unless any of the other insurance is also primary, Then, we will share with all that other insurance by the method described in c. below. 421-2915 12 14 includes copyrighted material of Insurance Services Office, mc..with its permission. Page 2of4 DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 7/13%2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE, OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT': If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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,-ennifer Lichtman NAME: Assured SKCG, Inc. PHONE Ext); (914) 761-9000 (AIC, Na]: (414)761-3749 123 Main Street E-MAIL ADDRESS: cram ADDRESS: 7 � 14th floor ..... _.,INSURER(S)AFFORDING COVERAGE NAIL# White Plains NY 10601 INSURER.AMass Bay 22306 INSURED_ INSURER...B:Hanover Insurance Company ....... _ 22292 OverDrive Holdings, Inc. INSURERC'Al.lmerica Financial Benefit Ins 4194.0 One OverDrive Way" ( INSURERD:Illinois union 27960 INSURER.E : Cleveland OH 441,25 INSURERF: COVERAGES CERTIFICATE NUMBER CL1671380206 REVISION NUMBER: 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 POL0ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS., EXCLUSIONS AND CONDIT@ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR _... TYPE OF INSURANCE AODL SUER __. _ POLICY fF'F POLICY EXP LIMITS ''..... LTR N. POLICY NUMBER MMIDDlYYYY MMYDDFYYYY X COMMERCIAL. GENERAL LIABILITY EACH OCCURRENCE $ 1, GOO, 000 OAMAGE TO RENTED A CLAIMS -MADE X OCCURPREMISES ( a occu ence $ 1,000,000 �j C ';uDY 04 5.30 2016 6/30/2017 / 30!2(917 MED EXP (Any one person) $ 10,000 t PERSONAL 8 ACV INJURY $ 1, 090, 000.... GEN'L AGGREGATEPIM)X IT APPLIES PER: � �' � GENERAL AGGREGATE_. $ ..... 2,000,000 .. POLICY JECT LOC PRODUCTS COMPPOP AGG $ ........ 2,000,000 ., OTHER_ w M1 y _ $ AUTOMOBILE LIABILITY V COMBINED SINGLE LIMIT $ 1, 000, 000 .. 4 4 , yy {.�, (Ea accident).... _.. ......... ..... B X ' ANY AUTO h v h...l,. BODILY INJURY (Per person) $ .._. ... ALL OWNED SCHEDULED A.Y-, 3368-01 z 6/30/2016 6/30/2017 BODILY INJURY (Per accident) $ AUTOS AUTOS, �"� C ' PROPERTY DAMAGE _ $ HIR ED AUTOS AUTOS (Per accident)_ _... _. X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $.......15,000,00..0 B EXCESS LIAB .... CLAIMS -MADE... AGGREGATE.. $_ 15,0100 , OOO !.DED RETENTION$ UHY 9599285-04. 6/30/2016 6/30/2017 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY YIN _. STATUTE ER _ ANY PROPRIETORIPARTNER;ECECUTIVENIA E.L EACH ACCIDENT $ 1,000,000 OFFICERIMEMSER EXCLUDED? C (Mandatory in NH) W2Y-9 571546-05 6/30/2016 6/3012017 F L DISEASE - EA EMPLOYEE $ 1, 000, 000.. If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000'.00,0 D Technology, Media '., EON 625541546 005. 6/30/2016 6/30/2017 Limit ofUability $10,000,000 Professional Liability DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its officers, employees, agents and representative are named as additional insureds. Additional insured status is granted for General Liability per policy terms and conditions, when required by written contract per endorsement number 421-2915 06 15 ('see attached). Thirty (30) day notice of cancellation, General Liability Coverge is Primary & Non -Contributory when required by written contract per endorsement number 421-2915 06 15 (see attached). City of Santa Ana 20 Civic Center plaza Santa Ana, CA 92701 ACORD 25 (2014/01) INS025rgrlr4nv SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Richard Cant. r/ ENN' �u�-.� ��,�c✓i r ?'�rr.._.t Cc} 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ZDY 9599284 04 8608114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A110AMARV OF COVIFRAGPA 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured — Primary and Non -Contributory Included 3. Blanket Waiver of Subrogation Included 4. Bodily Injury Redefined.-—-.....- Included 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods & Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included a. Medical Payments — Extended Reporting Period Included 9. �Newly Acquired or Formed Organizations - Covered until end of policy period Included 10. Non -owned Watercraft 1 ft. 11. Supplementary Payments Increased Limits Bail Bonds $2,500 Loss of Earnings $1 000 12. Unintentional Failure to Disclose Hazards Included 13. Unintentional Failure to NotifyIncluded y I This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION 11 — WHO IS ANINSUIRED. Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit that such person or organization to add an additional insured on your policy is an additional insured 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, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for Such additional insured. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 1248 (3) Applies on a primary basis if that is required by the written contract, written agreement or permit, (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury" "property damage" or "personal an� advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires, or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of thelessor (4) To any! (a) Owners or other interests from. whom land has been leased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or ""advertising injury" arises out of structural alterations, new con- struction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising advertising injury"' involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 2. Additional Insured — Primary and Non - Contributory The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other insurance: Additional Insured — Primary and Non - Contributory If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION 11 — WHO IS AN INSURED, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional Insured; Out Or the rendering of or the failure to (2) When the Additional Insured is an render any professional services. Additional Insured under another primary This exclusion applies even if the claims�-Iiability policy; or against any insured allege negligence or other wrongdoing in the supervisiorp0NAV) when b. below applies. ,4 hiring, employment, training or monitord if this ins e is primary, our obligations are le ted unless any of the other insurance no le of others by that insured, if the o 2 r ar . Then, we will share with all 1. .4a� occurrence" which caused the "bodily 6' te injury" or "property damage" or the offense . 0 insurance by the method described which caused the "personal NA elow, 421 -2915 06 15 Includes copyrighted material of Insurance?ervices Office, iric., with its permission. Page 2 of 4 1249 b. Excess Insurance (1) This insurance is excess over any of the other insurance, whether primary, 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 the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional' 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 INURY AND PROPERTY DAMAGE LIABILITY. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured 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. (3) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self insured amounts under all that other insurance. ZDY 9599284 04 8608114 insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, 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 insurance of all insurers 3. Blanket Waiver of Subrogation The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damage under this coverage form. The damage must arise out of your activities under a written contract with that person or organization. This waiver applies only to the extent that subrogation is waived under a written contract executed prior to the "occurrence" or offense giving rise to such payments. 4. Bodily Injury Redefined SECTION V — DEFINITIONS, Definition 3. "bodily injury" is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these at any time, "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods, Use of Elevators a. SECTION I — COVERAGES, COVERAGE A — BODILIY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions subparagraph i. is amended as follows: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. We will share the remaining loss, if any, Paragraphs (3), (4) and (6) do not apply to with any other insurance that is not "property damage" to "customers goods" while described in this Excess Insurance on your premises nor do they apply to the use provision and was not bought specifically levators at premises you own, rent, lease to apply in excess of the Limits of 6 091ccupy. Insurance shown in the Declarations this Coverage Part. ejP,"4 b. The follow' s added to SECTION V — DEF S: c. Method Of Sharing 1!09tomers goods" means property of If all of the other insurance permits ustomer on your premises for the contribution by equal shares, we will follo s rpose of being: method also. Under this approac each 421-2915 06 15 Includes copyrighted maternal of Insurance Services Office, Inc., with its permission. Page 3 of 4 Im ZDY 9599284 04 860811 a. worked on; or 10. Non -Owned Watercraft b. used in your manufacturing process. SECTION I - COVERAGES, COVERAGE A c, The insurance afforded under this provision is BODILY INJURY AND PROPERTY DAMAGE excess over any other valid and collectible LIABILITY, Paragraph 2. Exclusions, subparagraph g.(2) is replaced by the following: property insurance (including deductible) available to the insured whether primary, 9. Aircraft, Auto Or Watercraft excess, contingent (2) A watercraft you do not own that is: 6. Knowledge of Occurrence (a) Less than 51 feet long; and The following is added to SECTION IV - (b) Not being used to carry persons or COMMERCIAL GENERAL LIABILITY property for a charge; CONDITIONS, Paragraph 2. Duties in the Event.This provision applies to any person who, of Occurrence, Offense, Claim or Suit: with your consent, either uses or is e. Notice of an "occurrence", offense, claim or responsible for the use of a watercraft. "suit"" will be considered knowledge of the insured if reported to an individual named 11. Supplementary Payments Increased Limits insured, partner, executive officer or an SECTION I - SUPPLEMENTARY PAYMENTS ""employee"" designated by you to give us such COVERAGES A AND B, Paragraphs 1.b. and a notice. 1 A. are replaced by the following: 7. Liberalization Clause 1.b.Up, to $2,500 for cost of bail bonds required The following is added to SECTION IV - because of accidents or traffic law violations COMMERCIAL GENERAL LIABILITY arl8ing-out-of-the-use of any vehicle to which CONDITIONS: the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds, Liberalization Clause 1.d.All reasonable expenses incurred by the If we adopt any revision that would broaden the insured at Our request to assist us in the coverage under this Coverage Form without investigation or defense of the claim or "suit", additional premium, within 45 days prior to or including actual loss of earnings up to $1000 a during the policy period, the broadened coverage day because of time off from work. will immediately apply to this Coverage Part, 12. Unintentional Failure to Disclose Hazards 8. Medical Payments - Extended Reporting The following is added to SECTION IV - Period COMMERCIAL GENERAL LIABILITY a. SECTION I - COVERAGES, COVERAGE C - CONDITIONS, Paragraph 6. Representations: MEDICAL PAYMENTS, Paragraph 11.1 Insuring Agreement, subparagraph a.(3)(b) We will not disclaim coverage under this Coverage is replaced by the following: Part if you fail to disclose all hazards existing as of the inception date of the policy provided such (b) The expenses are incurred and reported failure is not intentional. to us within three years of the date of the 13. Unintentional Failure to Notify accident; and b. This coverage does not apply if COVERAGE The following is added to SECTION IV - C - MEDICAL PAYMENTS is excluded either COMMERCIAL GENERAL LIABILITY by the provisions of the Coverage Part or by CONDITIONS, Paragraph 2. Duties in the Event endorsement. of Occurrence, Offense, Claim or Suit: 9, Newly Acquired Or Formed Organizations Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an SECTION 11 - WHO IS AN INSURED, Paragraph ""occurrence"", offense, claim or "suit", solely due to 3.a. is replaced by the following: your reasonable and documented belief that the a. Coverage under this provision is afforded until "bodily injury.. or. "property damage" is not covered the end of the policy period, I under this I& ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS R NCHANGED. . 0 GOe X�N 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 1251