Loading...
HomeMy WebLinkAboutOVERDRIVE, INC. -2015A-2098-248 , S THIRD AMENDMENT TO DIGITAL CONTENT HOSTING AND DISTRIBIUTION AGREEMENT THIS THIRD AMENDMENT to the above -referenced agreement is made and entered into on November 3, 2015 by and between OverDrive, Inc., a Delaware corporation ("Contractor"), and the' City of Santa Ana, a charter city and numicipal corporation organized and existing under the Constitution and laws of the State of California C 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. S. 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. On May 20, 2015, the parties entered into a Second Amendment #N-2015-100, to include further additional compensation for services pursuant to the Agreement, D. 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. Under its terms, the Agreement may be extended for an additional two-year period. E. The parties now wish to amend the Agreement to again increase the total annual compensation to be expended under the Agreement and also to extend the term of the Agreement. The Parties therefore agree: L Section 2, Compensation, is farther ainended to include an additional twenty-five dollars ($25,000) so that the total sum to be expended under the Agreement shall not exceed fifty thousand dollars ($50,000) annually. 2, Section 3, Term, is amended to extend the term of the Agreement for an additional two-year period, from February 28, 2016 through February 28, 2018. 3. Except as modified by this Third Amendment, and all prior amendments, all teens and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST 7AVgcrA TA AN . MARIA D. HUIZAR S Clerk of the Council --neore signatures on following page-- APPROVED AS TO FORM. SONIA R. CARVALHO City Attorney Ey� W J N M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL 10) GERA I O MOUET Executiv , Director of Parks, Recreation and Community Services Agency OverD,,v nc. Title: (,z,.<,_� Ca -11 A�RQ CERTIFICATE OF LIABILITY INSURANCE DA991212015n 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER Assured SKCG, Inc. 123 Main Street 14th floor White Plains INSURED OverDrive, Inc. One OverDrive Way NY 10601 UJ I NAME`;y' Jaclyn Kniffen INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT INI/CNNa'Eap: (914)761-9000 FAX No);(914)161-3749 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES ADgREADDRE Jkniffen@skc SS: 4• core EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY INSURER(S) AFFORDING COVERAGE NAICN INSURERAMas S. Bay _. 22306 INSURER a Hanover Insurance Company 22292 INSURER C Allmerica Financial Benefit Ins 41840. INSURER D:Illinois Union 27960 INSURER E: CEN 1. AGGREGATE LIMIT APPLIES PER: Cleveland OR 44125 1INSURER F: _ COVERAGES CERTIFICATE NUMRFR-CL159271084 RPVI.c Ir1N1 MLl IMFIRR• 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 ADOL SUER POLICY EFF LTR POLICY NUMBS MMIDDfYYYY POLICY EXP - MW DIYY Y LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 A CLAIMS -MADE X OCCUR DAMAGE T6 RENTED PREMISES (Ed occurrence) _$ 11000,000 X ZDY 9599284-03 6/30/2015 6/30/2016 MED EXP (Any one parson) $ 10,000 PERSONAL S AOV INJURY $ 1,000,000 CEN 1. AGGREGATE LIMIT APPLIES PER: GF_NERAI-AGGREGATE $ 2,000,000 POLICY JEPRCTO X LOC PRODUCTS - COMPI)P AGO $ 2,000,000 OTHER'. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 E. amident) B X ANY AUTO BODILY INJURY(Per penonl $ ALL OWNED AUTOS AUTOSULED AWY-A663368-00 6/30/2015 6/30/2016 BODILY INJURY(Pw accident) $ (Per)acmidentDAMAGE $- HIREDAUTOS AUTOS (Pi $ X UMBRELLA LIAR X .00CUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAR CLAIMS -MACE. .AGGREGATE. $ 10,000,000 DED RETENTION II GRY 9599285-03 6/30/2015 6/30/2016 $ WORKERS COMPENSATION yt PER GT AND EMPLOYERS' LIABILITY YIN STATUTE_.. ER ANY PROPRIETORIPARTNERIEXECUTIVE NIA EL EACH ACCIDENT $ 1,000,000 C OFFICERIMEMBER EXCLUDED? N (MandatoryinNH) W2Y-9571546-04 6/30/2015 -- 6/30/2016 E.L. DISEASE - EA EMPLOYEE $ 1,000 000 tyom describe rattler —- DESCRIPTIONOFOPERATIONSbelow E L. DISEASE- POLICY LIMIT $ 1 000 0 D 0 D Technology, Media BON 625541546 004 6/30/2015 6/30/2016 Limit of Llability $10,000,000 Professional. Liability DESCRIPTION OF OPERATIONS) LOCATIONS 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 contract. Thirty (30) day notice of cancellation, General Liability Coverge is Primary 6 Non -Contributory when required by written contract. City of Santa Ana 6\qjC\a'C'C�, 20 Civic Center PlazaSanta Ana, CA 92701 9 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 Canter/JENNI All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD I NS025 (90140n 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 8. Knowledge of Occurrence Included 7. Liberalization Clause Included B. Medical Payments Included 9. Newly Acquired or Formed Organizations - Covered until end of policy period Included 10. Non -owned Watercraft—roll ,., ., 51 ft. 11. ISupplementary Payments Increased Limits \e' Bail Bonds l„ -- 5 _ $2,500 Loss of Earnings Cid \�' $1000 12. Unintentional Failure to Disclose Hazards 5\ A 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. Additional Insured by Contract, Agreement or Permit The following is added to SECTION 11 — WHO IS AN INSURED: 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 1214 Includes copyrighted material of Insurance Services Office, Ina, with its permission. Page 1 of 4 (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 and 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 the lessor (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) e "bodily injury", "property damage", "personal injury" or µ7�✓ .advertising injury" arises out of czp structural alterations, new con- struction ornstruction or demolition operations performed by or on behalf of the \aha �P manager or lessor. To "bodily injury", "property damage" or QQ- "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 supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage' or the offense which caused the "personal and ZDY 9599284 03 8608114 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 II — 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; (2) When the Additional Insured is an Additional Insured under another primary liability policy; or (3) when b. below applies. If this insurance is primary, our obligations are not affected 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. 421-2916 12 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 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