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HomeMy WebLinkAboutTRANSFIRST LLC 2A - 2015,., oriANCL"- ON FILL MRK MAY PROCEED UNTIL INSURANCE EXPlRC -8Y,1 „ f' Era1K OF COUNCIL HIS AMENDMENT TO AGREEMENT �* THIS AMENDMENT TO AGREEMENT, is entered into on this 17th day of June 2015, by and between TransFirst, LLC, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and e laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into a payment processing services agreement (Agreement #A- 2014 -071) dated April 18, 2014 (hereinafter "said Agreement') by which Consultant has provided payment processing services to the City. B. The Term of said Agreement was two (2) years effective as of October 1, 2013 and ending September 30, 2015, with the aelmowledgment that City had received prior payment processing services from Consultant prior to the effective date of said Agreement and intended said Agreement to cover payment for prior unpaid services beginning October 1, 2013. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Term to provide for an additional period ending June 30, 2016 with an option, exercisable by the City, to renew said Agreement for an additional one (1) year period covering July 1, 2016 through June 30, 2017. D. The parties also wish to amend Compensation for the original Term and provide for additional sums to be expended for the additional nine (9) month period of October 1, 2015 to June 30, 2016, and in the event that the City exercises the option to renew the contract for a subsequent additional one (1) year period. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Section 2 of said Agreement, "COMPENSATION" shall be amended as follows: a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended for the period from October 1, 2013 through June 30, 2015 shall not exceed $190,000.00. The total sum to be expended under the third year of this Agreement from July 1, 2015 through June 30, 2016 shall not exceed $95,000.00. The total sum to be expended under the additional option period shall not exceed $95,000.00. 2. Section 3 of said Agreement, "TERM" shall be amended as follows: This Amendment to Agreement shall commence on June 17, 2015 and terminate on June 30, 2016, unless City exercises its option to extend the Agreement for an additional one (1) year period ending June 30, 2017, or unless terminated earlier in accordance with Section 12 of this Agreement. A- 2015 -117 r. 3, Bugn as heretnabove m6'dified, all terms and conditions of said Agreement shall retnnin unchanged in full farce and. effect. IN aTn=. $ W7 MOM, the Parties hereto have executed this Amendment to Agreement on the date and yeat first written above, AMST: 2DAVID MARIA. D. H=A.R, CAVAZ�15 Clerk of the Council City Manager APPROVBD AS TO FORM; SOMA R. CAR VALFF0 City Ateomey Lion Storok Assistant City Attorney w ti� a1 9� Lmployer IN TRANS n RS * Role ROVlmte Altreetnont Date ei R"uante ::iiRK3.,�,= ... �..�11.. pain Plpttnaadtc—� Pertarmdd Dy: wTor 0 uoli,�,,,A„�"i pilto AWdaAIR ==Z=Z =" err R II a 3?S4u9 a s. t mommv 8tatomentJim: B.Otl F e: R av t � �3k90 P 7 a41 7rarFarxe A A,, Ih Fezea � OUT propoaodratoa are valid lar dA days. 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M tU7t Fa.•.,.T5.00 T6.ntl P r apl Tmn F a 0�0 tflx�t rtltlsail 7ialea n ranet.Ml<aj A�;,�, .QU Nksnth U Annual A'a,y ,g Wed 6an6 aM ,6U n'as T6.ntl 'r4h I seF 196 Iti T F a ,26 6 wef1l) Yerrilmuon al by the Merchant Any ,Exhibit/ 251 -5 ACORH CERTIFICATE OF LIABILITY INSURANCE lli.i 12/31/2015 F DATEIMMIDONYYY) 1 6/23/2015 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 Lockton Insurance Brokers, LLC CA License #OF 15767 TWO Embarcadero Center, Suite 1700 San Francisco CA 94111 CONTACT NAME: PHONE FA) Ext AIC No e MAI�o ADDRESS: INSURERS AFFORDING COVERAGE NAIC # (415) 568 -4000 INSURER A: National Fire Insurance Cc of Hartford 20478 12/31/2014 INSURED TCan5Flr51 Group Holdings, Inc, 1391467 5400 LBJ Freeway, Suite 900 INSURER B : T Insurance Conl an 352 INSURER C: PREMISES �Eacccurmnea) Dallas TX 75240 INSURER D: CLAIMS -MADE OCCUR INSURER E INSURER F: COVERAGES TRAGROl CERTIFICATE NUMBER: 13545194 REVISION NUMBER: XXXXXXX 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 LTR TYPE OF INSURANCE ADOL ISO SUBR "a POLICYNUMBER POLICY EFF MM /DDNYYY POLICY EXP MMIDD/YYYY LIMITS • X COMMERCIAL GENERAL LIABILITY N N 6016715612 12/31/2014 12/31/2015 QCU 2QCURRENCE s 2,000,000 PREMISES �Eacccurmnea) $ 1,000,000 CLAIMS -MADE OCCUR MEDEXP An v one person) $ 150 PERSONAL &ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO ❑ ECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMP /OPAGG $ 2,000,000 $ OTHER: • AUTOMOBILE LIABILITY N N 6016715576 12/31/2014 12/31/2015 MBINEO SINGLE LIMIT (Ea accident) $ 1.000.000 BODILY INJURY (Par person) $ XXXXXXX ANY AUTO ALL OS SCHEDULED AUTOS AUTOS Ix BODILY INJURY Par accident XXXXXXX PROPERTY DAMAGE $ XXXXXXX HIREDAUTOS `Y AUTOSWNED $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS -MADE AGGREGATE I $ XXXXXXX DED I I RETENTION$ $ XXXX XX B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE ❑NIA OFFICERIMEMBER EXCLUDED? N N 6016715593 12/31/2014 12/31/2015 X STATUTE - ER E, L. EACH ACCIDENT $ 100000 E. L. DISEASE - EA EMPLOYEE $ 1 000000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLI CY LIMIT $ 1 OO(I OOO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Insurance provided to Additional Insured(s) is primary and non - contributory as per the attached endorsements or policy language. 6,, Z3' , � f S' c rev �;PPRYED 13545184 City Of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Aria CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRI C 1 rights reserve ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 5 GNA 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 11) 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, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests orservioing 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; 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 G- 144294 -C99 (Ed 12/06) Attachment Code: D504371 Certificate Ill: 13545184 relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 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 11) is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.1h, 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 Page 1 of 6 CNA persons or organizations are additional insureds under this endorsement and coverage provided to 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: G-144294-C99 (Ed 12106) Attachment Code: D504371 Cerlificate ID: 13545184 (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: (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 Page 2 of 6 r' C� IWIT (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 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. I. 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 cc- 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: G-144294-099 (Ed. 12106) Attachment Code: D504371 Certificate fl): 13545184 (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. 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. Other Insurance 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 11— 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 Page 3 of 6 �) L � A blt[JJ A� LC7tGado < L. l >69y ' ' [l -7 CNA liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. B. The last paragraph of Section it — 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 11— 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 11— 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: G-144294-C99 (Ed. 12/06) Attachment Code: D504371 Certificate ID: 13545184 "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. 9. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V — Definitions, the definition of "personal and advertising Injury": 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) Page 4 of 6 CNA 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 A. Paragraph 7. Medical Expense Limit, of Section III — Limits of Insurance is deleted and replaced by the following: 7. Subject to S. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section — I — Coverage C 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. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., 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 k. 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: G- 144294 -099 (Ed. 12106) Attachment Code: D504371 Certificate ID: 13545184 (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) 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 oftheinsured; (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 fire 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. Page 5 of 6 CNA Exclusions c, through n, do not apply to damage by 15. NON -OWNED AIRCRAFT fire, lightning, explosion, smoke, or leakage from Exclusion 2.g. of Section I - Coverage A- Bodily automatic fire protective systems to premises while Injury and Property Damage, does not apply to rented to you or temporarily occupied by you with an aircraft you do not own, provided that: permission of the owner. 1. The pilot in command holds a currently effective A separate limit of Insurance applies to this certificate issued by the duly constituted authority coverage as described in Section III - Limits Of of the United States of America or Canada, Insurance. designating that C. Paragraph 6. Damage To Premises Rented To person as a commercial or airline transport pilot; You Limit of Section III - Limits Of Insurance is 2. It is rented with a trained, paid crew; and replaced by the following: 3. It does not transport persons or cargo for a 6. Subject to 5, above, the Damage To Premises charge. Rented To You Limit is the most we will pay under 16. BROAD KNOWLEDGE OF OCCURRENCE Coverage A for damages because of "property You must give us or our authorized representative damage" to any one notice of an "occurrence," offense, claim, or "suit" premises while rented to you or in the case of only when the "occurrence," offense, claim or "suit" damage by fire, lightning, explosion, smoke, or is known to : leakage from automatic fire protective systems, (1) You, if you are an individual; while rented to you or (2) A partner, if you are a partnership; temporarily occupied by you with the permission of (3) An executive officer or the employee the owner. The Damage To Premises Rented To designated by you to give such notice, if you are a You Limit is the greater of: corporation; or a. $500,000; or (4) A manager, if you are a limited liability b. The Damage To Premises Rented To You Limit company. shown in the Declarations. 17. NOTICE OF OCCURRENCE D. Paragraph 4.b.(1)(b) of Section IV - The following Is added to paragraph 2. of Section Commercial General Liability Conditions Is IV- Commercial General Liability Conditions - deleted and replaced by the following: Duties in The Event of Occurrence, Offense (b) That is property insurance for premises rented Claim or Suit: to you or temporarily occupied by you with the Your rights under this Coverage Part will not be permission of the prejudiced if you fail to give us notice of an owner; or "occurrence," offense, claim or "suit" and that E. This provision 13. (LEGAL LIABILITY - failure is solely due to your reasonable belief that DAMAGE TO PREMISES) does not apply if the "bodily injury" or "property damage" is not Damage To Premises Rented To You Liability covered under this Coverage Part. However, you under Section I - Coverage A is excluded either shall give written notice of this "occurrence," by the provisions of the Coverage Part or by offense, claim or "suit" to us as soon as you are endorsement, aware that this insurance may apply to such 14. NON -OWNED WATERCRAFT "occurrence," offense claim or "suit." Under SectionI - CoverageA - Bodily Injury and 18. UNINTENTIONAL FAILURE TO DISCLOSE Property Damage, Exclusion 2.g., subparagraph (2) is HAZARDS deleted and replaced by the following. (2) Awatercraft you do not own that is: Based on our reliance on your representations as to existing (a) Less than 55 feet long; and hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny (b) Not being used to carry persons or property for a charge 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 follovdng: 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 If we adopt a change In our forms or rules which would broaden coverage provided under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your stale. G•144294 -C99 (Ed. 12106) Page 6 of 6 Attachment Code: D504371 Certificate Ill: 13545184 APPRnVFD P // u