HomeMy WebLinkAboutIT13-131 - Original - Northwest Nexus, Inc. - Horizon View Add-On & 1 Year VMware View Support - 06/12/2013 % � ,
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WA.✓„,„GTO„ Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Northwest Nexus, Inc., dba Unisoft Networks
Vendor Number: 177380
ID Edwards Number
Contract Number: Y T/ 3` / 3/
This is assigned by City Clerk's Office
Project Name: Horizon View Add-On
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 6/30/2013 Termination Date: 6/29/2014
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Sean Kelsey Department: Information Technology
Detail: (i.e. address, location, parcel number, tax id, etc.):
This is for the purchase of 100 concurrent user licenses of Horizon View Add-on and 1-
year of VMware View subscription support.
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\11147KENT
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GOODS & SERVICES AGREEMENT
between the City of Kent and
Northwest Nexus Inc., dba Unisoft Networks
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Northwest Nexus Inc., dba Unisoft Networks organized
under the laws of the State of Washington, located and doing business at 15821 NE 8tn St.
Bellevue, WA 98008 Bonnie Aim (425)968-1022 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
See Exhibit "A"
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by June 15, 2013.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 22,410,
including applicable Washington State Sales Tax, for the goods, materials, and services
contemplated in this Agreement. The City shall pay the Vendor the following amounts according
to the following schedule:
Purchase will include:
1. 100 Concurrent user licenses of Horizon View Add-on
2. 1-Year of VMware View subscription support
Please specify the vSphere server license key that these view licenses will attach to.
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
GOODS &SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. if the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
GOODS & SERVICES AGREEMENT - 4
(Over $10,000.00, including WSST)
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, Including WSST)
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
VENDOR: CITY OF KEN
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DATE: Co_�3 1 (� l 3 DATE: ! i1�1
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Bonnie Alm Sean Kelsey
Northwest Nexus Inc., dba Unisoft Networks City of Kent
1582-1 NE 8" St. Bellevue 220 Fourth Avenue South
WA, 98008 Kent, WA 98032
(425) 415-2500 (telephone) (253) 856-4611 (telephone)
(425) 869-0165 (facsimile) (253) 856-4700 (facsimile)
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GOODS & SERVICES AGREEMENT - 7
(Over$10,000.00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity,
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this 3r day of 20
By:
For: Nc)-r-tl-%vae%4-
Title: Q%Ce ;4ve5 V\ }
Date: lo� 3 )a0t3
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
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15821 NE 8th Street, Bellevue,WA 98008 date Apr 24, 2013
t 206-415-2500 f 425-669-0165
Sold To Ship To
City of Kent City of Kent
Accounts Payable Brad Soper
220 4th Ave South 400 West Gowe Street
2nd Floor Suite 122
Kent,WA 98032-5895 Kent, WA 98032
United States United States
Phone (253) 856-4628 Phone (253) 856-4628
Fax _ Fax
Saiesperson P.O.Number Ship Via Terms
balm Electronic Delivery Net 15 days
Line Qty MFG PN Description Unit Price Ext. Price
1 1 I VU5-PR-A100-C HORIZON VIEW 5 ADD-ON 100PK $15,973 43 I $15,973 43 j
2 1 VU5-PR-A100-P-SS PROD SNS HORIZON VIEW 5 ADD-ON 100PK 1Yr $4,492 52 $4,492 52
S-C
Thank you for your business, SubTotal $20,465 95
Tax $1,94427
Bonnie Alm
Est Shipping $o 00
425-968-1022
Total $22,410.22
y
Accepted By Date
PRICES SUBJECT TO GRANGE UNTIL A CONTRACT IS SIGNED ALL DELIVERY TRAINING,OR CONSULTING SERVICES WILL BE BILLED AT THE PUBLISHED RATES FOR EACH ACTIVITY
INVOLVED ALL HARDWARE COMPONENTS PROPOSED ABOVE ARE COVERED BY A MANUFACTURERS LIMITED WARRANTY UNLESS OTHERWISE SPECIFIED WE SHALL NOT Be LIABLE FOR
ANY LOSS OF PROFITS BUSINESS,GOODWILL DATA INTERRUPTION OF BUSINESS NOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE DUE TO FAILURE
OF HARD WAREfSOFTWARE ETC,DAMAGES RELATED TO THIS AGREEEMENT
RE I URNS AND EXCHANGES Ong at disks cables,documentation and all accessones must accompany items for return or exchange and items must be returned in original condition and in the original
packaging Returns and exchange of ncn-defective items may thou,a 20%restocking fee Non-defeave special order items may no be returned or may,nar additional restocking fees this is at the drsaetlon
of the manufaCiVer Software and other items as indicated by the original manufacturer may not be returnable if opened Items are not eligible for refund of credit after thirty days from purchase
SONiCW`r ALL7 Page 1 of 1
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and Lability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. There shall be no endorsement or
modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as
an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed '
for the City using ISO additional insured endorsement CG 20 ;
10 it 85 or a substitute endorsement providing equivalent
coverage.
S. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
EXHIBIT B (Continued)
Z. maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
3. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
4. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
CTGIN-1 OP ID:MB
ATE,acoRO° CERTIFICATE OF LIABILITY INSURANCE 0 611 812 01 3
�..�� os11 a/2o13
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 endorsements).
PRODUCER Phone:350-629-2103 NAMECONTACT
Thomas&Assoc Ins Broker,Inc ----� ---- ---� ———
P OBox 457 Fax: AIC PHONE
EXI• A/C No
Stanwood,WA 98292 E-MAIL
Jim Jonson ADDRESS.
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA The Hartford
INSURED Northwest Nexus,Inc dba INSURER B '
NuCiz Corporation —__-__---T— -- -----
15821 NE 8th St Suite W-200 INSURER C
Bellevue,WA98008 INSURERD—___
INSURER E
INSURER F
COVERAGES CERTIFICATE 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 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 I ---- --T -----�— ICY EFF I POLICY EXP ---
LTR, TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM/00/YYYY 1N11TS
GENERAL LIABILITY I EACH OCCURRENCE_ I$ 1,000,00
A X COMMERCIAL GENERAL LIABILITY 52SBQUJ3905 08/31/2012 i 08/31/2013 PREMISES Ea occu ante I S_Y _ 1_000,00
L i_J CLAIMS-MADE I x I OCCUR MED EXP(Any one person) — $ 10,00
PERSONAL&ADV INJURY $ 1,000,00
GENERAL AGGREGATE S 2,000,00
GE AGGREGATE LB#IT APPLIES PER PRODUCTS-COMP/OP ACG S 2,000,00
X POLICY PRO- LOC Emp Ben• — $ 1,000,001
AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT
_ I Ea accident _
r ANY AUTO B
AUTOS AUTOS DOILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) b
_ __ ___ _
NON-OWNED PROPER7Y_DAMA_GE $�—j
HIRED AUTOS _i AUTOS Per accident _ $
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIR MADE I A
E CLAIMS-MADE $
I DEC) 1 RETENTIONS I $
WORKERS COMPENSATION 1 WC STATU- I OTH-�
AND EMPLOYERS'LIABILRY YIN __4 T_ORY_L MIT$i___ _�g
I ANY PROPRIETORIPARTNER/EXECUTIVE E L EACH ACCIDENT i$
OFFICER/MEMBER EXCLUDED' � NIA � --------------- --T--------
(Mandatory in NH) ` E L DISEASE_EA EMPLOYEE $
if
es describe Lnde, "— -- --
DESCRIPTION OF OPERATIONS below I E L DISEASE-POLICY LIMIT $
A {The Hartford 00 TE 0226045A2 OSIM12012,0813112013 iProf Liab 1,000,00
Deduct 10,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAttaeh ACORD 101,Additional Remarks Schedule,If mars space Is required)
Re- Project 'VMware Licenses
The City of Kent is additional insured with regard to contract with insured
CERTIFICATE HOLDER CANCELLATION
CITYKEN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE City of Kent ACCORDANCEION WITH OATE THEREOF,THE POLICY PROVISIONS NOTICE WILL BE DELIVERED IN
220 4th Avenue South
Kent,WA 98032 AUTHORIZED REPRESENTATIVE
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD
Policy # 52SBQUJ3905
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05
0 2005,The Hartford
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension -Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15
1. Bankruptcy 15
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15
3. Financial Responsibility Laws 16
4. Legal Action Against Us 16
5. Separation Of Insureds 16
6. Representations 16
7. Other Insurance 16
8. Transfer Of Rights Of Recovery Against Others To Us 17
F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage Read the entire policy carefully to determine rights, duties and what
is and is not covered
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words
"we", "us"and "our" refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured"means any person or organization qualifying as such under Section C -Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning Refer to Section G - Liability And
Medical Expenses Definitions
A. COVERAGES (a) The "bodily injury" or "property
1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an
INJURY, PROPERTY DAMAGE, PERSONAL ,occurrence" that takes place in the
AND ADVERTISING INJURY) coverage territory",
Insuring Agreement (b) The "bodily injury" or "property
damage" occurs during the policy
a. We will pay those sums that the insured
period, and
becomes legally obligated to pay as c P the
damages because of "bodily injury", ( ) rior to policy period, no insured
"property damage" or "personal and fisted under Paragraph of Section
C. — Who Is An Insured and no
advertising injury" to which this insurance "employee"authorized by you to give
applies We will have the right and duty to „
defend the insured against any "suit" or receive notice an "occurrence
seeking those damages However, we will or or claim, knew thatt the "bodily injury"
have no duty to defend the insured against "property damage" had occurred,
in
any "suit" seeking damages for "bodily n whole or in part If such a listed
insured or authorized "employee"
injury", "property damage" or "personal and
advertising injury" to which this insurance knew, prior to the policy period, that
does not apply the "bodily injury or "property
damage" occurred, then any
We may, at our discretion, investigate any continuation, change or resumption
"occurrence" or offense and settle any claim of such "bodily injury" or "property
or"suit"that may result But damage" during or after the policy
(1) The amount we will pay for damages is period will be deemed to have been
limited as described in Section D. - known prior to the policy period
Liability And Medical Expenses Limits (2) To "personal and advertising injury"
Of Insurance, and caused by an offense arising out of your
(2) Our right and duty to defend ends when business, but only if the offense was
we have used up the applicable limit of committed in the "coverage territory"
insurance in the payment of judgments, during the policy period
settlements or medical expenses to which c. "Bodily injury" or "property damage" will be
this insurance applies deemed to have been known to have
No other obligation or liability to pay sums or occurred at the earliest time when any
perform acts or services is covered unless insured listed under Paragraph I.of Section
explicitly provided for under Coverage C. — Who Is An Insured or any "employee"
Extension-Supplementary Payments. authorized by you to give or receive notice
b. This insurance applies: of an"occurrence"or claim:
(1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily
damage" only if injury" or "property damage" to us or
any other insurer,
Form SS 00 08 04 05 Page 1 of 24
0 2005,The Hartford
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or b. We will make these payments regardless of
claim for damages because of the "bodily fault These payments will not exceed the
injury"or"property damage";or applicable limit of insurance We will pay
(3) Becomes aware by any other means that reasonable expenses for:
"bodily injury" or 'property damage" has (1) First aid administered at the time of an
occurred or has begun to occur accident,
d. Damages because of 'bodily injury" include (2) Necessary medical, surgical, x-ray and
damages claimed by any person or dental services, including prosthetic
organization for care, loss of services or devices, and
death resulting at any time from the "bodily (3) Necessary ambulance, hospital,
injury" professional nursing and funeral
e. Incidental Medical Malpractice services
(1) 'Bodily injury" arising out of the 3. COVERAGE EXTENSION -
rendenng of or failure to render SUPPLEMENTARY PAYMENTS
professional health care services as a a. We will pay, with respect to any claim or
physician, dentist, nurse, emergency "suit' we investigate or settle, or any "suit"
medical technician or paramedic shall against an insured we defend.
be deemed to be caused by an 1.occurrence', but only if (1) All expenses we incur
(a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds
emergency medical technician or required because of accidents or traffic
paramedic is employed by you to law violations arising out of the use of
provide such services, and any vehicle to which Business Liability
Coverage for"bodily injury" applies We
(b) You are not engaged in the
do not have to furnish these bonds
business or occupation of providing
such services (3) The cost of appeal bonds or bonds to
release attachments, but only for bond
(2) For the purpose of determining the
amounts within the applicable hind of
limits of insurance for incidental medical
insurance We do not have to furnish
malpractice, any act or omission these bonds
together with all related acts or
omissions in the furnishing of these (4) All reasonable expenses incurred by the
services to any one person will be insured at our request to assist us in the
considered one"occurrence" investigation or defense of the claim or
"
2. MEDICAL EXPENSES suit", including actual loss of earnings
up to $500 a day because of time off
Insuring Agreement from work.
a. We will pay medical expenses as described (5) All costs taxed against the insured in
below for "bodily injury" caused by an the"suit'
accident:
(6) Prejudgment interest awarded against
(1) On premises you own or rent; the insured on that part of the judgment
(2) On ways next to premises you own or we pay if we make an offer to pay the
rent, or applicable limit of insurance, we will not
(3) Because of your operations, pay any prejudgment interest based on
that period of time after the offer
provided that
(7) All interest on the full amount of any
(1) The accident takes place in the judgment that accrues after entry of the
"coverage territory" and during the judgment and before we have paid,
policy period, offered to pay, or deposited in court the
(2) The expenses are incurred and reported part of the judgment that is within the
to us within three years of the date of applicable limit of insurance.
the accident;and Any amounts paid under (1) through (7)
(3) The injured person submits to above will not reduce the limits of insurance.
examination, at our expense, by
physicians of our choice as often as we
reasonably require
Page 2 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
b. If we defend an insured against a "suit" So long as the above conditions are met,
and an indemnitee of the insured is also attorneys' fees incurred by us in the
named as a party to the "suit", we will defense of that indemnitee, necessary
defend that indemnitee if all of the litigation expenses incurred by us and
following conditions are met necessary litigation expenses incurred
(1) The "suit" against the indemnitee by the indemnitee at our request will be
seeks damages for which the insured paid as Supplementary Payments.
has assumed the liability of the Notwithstanding the provisions of
indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. —
that is an "insured contract"; Exclusions, such payments will not be
(2) This insurance applies to such liability deemed to be damages for "bodily
assumed by the insured; injury" and "property damage" and will
(3) The obligation to defend, or the cost of
not reduce the Limits of Insurance
the defense of, that indemnitee, has Our obligation to defend an insured's
also been assumed by the insured in indemnitee and to pay for attorneys' fees
the same"insured contract"; and necessary litigation expenses as
(4) The allegations in the "suit" and the Supplementary Payments ends when
information we know about the (1) We have used up the applicable limit
"occurrence" are such that no conflict of insurance in the payment of
appears to exist between the interests judgments or settlements, or
of the insured and the interest of the (2) The conditions set forth above, or the
indemnitee; terms of the agreement described in
(5) The indemnitee and the insured ask Paragraph (6)above, are no longer met,
us to conduct and control the defense B. EXCLUSIONS
of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage
and agree that we can assign the
same counsel to defend the insured This insurance does not apply to
and the indemnitee, and a. Expected Or Intended Injury
(6) The indemnitee (1) "Bodily injury" or "property damage"
(a) Agrees in writing to: expected or intended from the
(1) Cooperate with us in the standpoint of the insured This
investigation, settlement or exclusion does not apply to "bodily
defense of the"suit", injury" or "property damage" resulting
from the use of reasonable force to
(II) Immediately send us copies of protect persons or property,or
any demands, notices, (2) "Personal and advertising injury" arising
summonses or legal papers out of an offense committed by, at the
received in connection with direction of or with the consent or
the "suit", acquiescence of the insured with the
(III) Notify any other insurer whose expectation of inflicting "personal and
coverage is available to the advertising injury
indemnitee, and
b. Contractual Liability
(iv) Cooperate with us with
respect to coordinating other (1) "Bodily injury"or"property damage",or
applicable insurance available (2) "Personal and advertising injury"
to the indemnitee; and for which the insured is obligated to pay
(b) Provides us with written damages by reason of the assumption of
authorization to: liability in a contract or agreement
(1) Obtain records and other This exclusion does not apply to liability
information related to the for damages because of
"suit", and (a) "Bodily injury', "property damage"or
pi) Conduct and control the "personal and advertising injury"that
defense of the indemnitee in the insured would have in the
such "suit" absence of the contract or
agreement,or
Form SS 00 08 04 05 Page 3 of 24
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or"property damage" (b) Performing duties related to the
assumed in a contract or agreement conduct of the insured's business,or
that is an "insured contract", (2) The spouse, child, parent, brother or
provided the "bodily injury" or sister of that "employee" as a
"property damage" occurs consequence of(1)above
subsequent to the execution of the This exclusion applies*
contract or agreement Solely for
the purpose of liability assumed in (1) Whether the insured may be liable as
an "insured contract", reasonable an employer or in any other capacity,
attorneys' fees and necessary and
litigation expenses incurred by or for (2) To any obligation to share damages
a party other than an insured are with or repay someone else who must
deemed to be damages because of pay damages because of the injury
"bodily injury" or "property damage" This exclusion does not apply to liability
provided assumed by the insured under an "insured
(i) Liability to such party for, or for contract"
the cost of, that party's defense f. Pollution
has also been assumed in the
same"insured contract",and (1) "Bodily injury", "property damage" or
"personal and advertising injury"
(it) Such attorneys' fees and arising out of the actual, alleged or
litigation expenses are for threatened discharge, dispersal,
defense of that party against a seepage, migration, release or escape
civil or alternative dispute of"pollutants"
resolution proceeding in which
damages to which this (a) At or from any premises, site or
insurance applies are alleged location which is or was at any
c. Liquor Liability time owned or occupied by, or
rented or loaned to any insured
"Bodily injury" or "property damage" for However, this subparagraph does
which any insured may be held liable by not apply to
reason of (i) "Bodily injury"if sustained within
(1) Causing or contributing to the a building and caused by
intoxication of any person; smoke, fumes, vapor or soot
(2) The furnishing of alcoholic beverages to produced by or originating from
a person under the legal drinking age or equipment that is used to heat,
under the influence of alcohol,or cool or dehumidify the building,
(3) Any statute, ordinance or regulation or equipment that is used to
relating to the sale, gift, distribution or heat water for personal use, by
use of alcoholic beverages the buildings occupants or their
guests,
This exclusion applies only if you are in the (u) "Bodily injury" or "property
business of manufacturing, distributing,
selling, serving or furnishing alcoholic damage" for which you may be
held liable, if you are a
beverages
contractor and the owner or
d. Workers' Compensation And Similar
Laws lessee of such premises, site or
location has been added to your
Any obligation of the insured under a policy as an additional insured
workers' compensation, disability benefits with respect to your ongoing
or unemployment compensation law or operations performed for that
any similar law, additional insured at that
e. Employer's Liability premises, site or location and
"Bodily injury"to. such premises, site or location
(1) An "employee" of the insured arising is not and never was owned or
occupied by, or rented or
out of and in the course of. loaned to, any insured, other
(a) Employment by the insured, or than that additional insured,or
Page 4 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(ill) "Bodily injury" or "property released as part of the
damage" arising out of heat, operations being performed
smoke or fumes from a by such insured, contractor or
"hostile fire", subcontractor,
(b) At or from any premises, site or (u) "Bodily injury" or "property
location which is or was at any damage" sustained within a
time used by or for any insured or budding and caused by the
others for the handling, storage, release of gases, fumes or
disposal, processing or treatment vapors from materials brought
of waste, into that budding in connection
(c) Which are or were at any time with operations being performed
transported, handled, stored, by you or on your behalf by a
treated, disposed of, or processed contractor or subcontractor,or
as waste by or for (ill) "Bodily injury" or "property
(i) Any insured;or damage" ansing out of heat,
smoke or fumes from a
(ii) Any person or organization for "hostile fire"; or
whom you may be legally
responsible, (e) At or from any premises, site or
location on which any insured or any
(d) At or from any premises, site or contractors or subcontractors
location on which any insured or working directly or indirectly on any
any contractors or subcontractors insured's behalf are performing
working directly or indirectly on operations if the operations are to
any insured's behalf are test for, monitor, clean up, remove,
performing operations if the contain, treat, detoxify or neutralize,
pollutants" are brought on or to or in any way respond to, or assess
the premises, site or location in the effects of, "pollutants"
connection with such operations
by such insured, contractor or (2) Any loss, cost or expense arising out
subcontractor However, this of any
subparagraph does not apply to. (a) Request, demand,order or statutory
(i) "Bodily injury" or "property or regulatory requirement that any
damage" arising out of the insured or others test for, monitor,
escape of fuels, lubricants or clean up, remove, contain, treat,
other operating fluids which are detoxify or neutralize, or in any way
needed to perform the normal respond to, or assess the effects of,
electrical, hydraulic or "pollutants"or
mechanical functions (b) Claim or suit by or on behalf of a
necessary for the operation of governmental authority for
"mobile equipment"or its parts, damages because of testing for,
if such fuels, lubricants or other monitoring, cleaning up, removing,
operating fluids escape from a containing, treating, detoxifying or
vehicle part designed to hold, neutralizing, or in any way
store or receive them This responding to, or assessing the
exception does not apply if the effects of, "pollutants"
"bodily injury" or "property However, this paragraph does not
damage" arises out of the apply to liability for damages because
intentional discharge, dispersal of "property damage" that the insured
or release of the fuels, would have in the absence of such
lubricants or other operating request, demand, order or statutory or
fluids, or if such fuels, regulatory requirement, or such claim
lubricants or other operating or "suit" by or on behalf of a
fluids are brought on or to the governmental authority
premises, site or location with
the intent that they be
discharged, dispersed or
Form SS 00 08 04 05 Page 5 of 24
BUSINESS LIABILITY COVERAGE FORM
g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or
"Bodily injury" or "property damage" arising while in practice or preparation for, a
out of the ownership, maintenance, use or prearranged racing, speed or
entrustment to others of any aircraft, "auto" demolition contest or in any stunting
or watercraft owned or operated by or rented activity
or loaned to any insured Use includes I. War
operation and"loading or unloading" 'Bodily injury", "property damage" or
This exclusion applies even if the claims 'personal and advertising injury", however
against any insured allege negligence or caused,arising,directly or indirectly,out of.
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others (1) War, including undeclared or civil war;
by that insured, if the "occurrence" which (2) Warlike action by a military force,
caused the "bodily injury" or "property including action in hindering or
damage" involved the ownership, defending against an actual or
maintenance,use or entrustment to others of expected attack, by any government,
any aircraft, "auto" or watercraft that is sovereign or other authority using
owned or operated by or rented or loaned to military personnel or other agents; or
any insured (3) Insurrection, rebellion, revolution,
This exclusion does not apply to: usurped power, or action taken by
(1) A watercraft while ashore on premises governmental authority in hindering or
you own or rent, defending against any of these.
j. Professional Services
(2) A watercraft you do not own that is: 'Bodily injury", 'property damage" or
(a) Less than 51 feet long, and "personal and advertising injury" arising
(b) Not being used to carry persons out of the rendering of or failure to render
for a charge, any professional service This includes
(3) Parking an "auto" on, or on the ways but is not limited to
next to, premises you own or rent, (1) Legal, accounting or advertising
provided the "auto' is not owned by or services;
rented or loaned to you or the insured, (2) Preparing, approving, or failing to
(4) Liability assumed under any "insured prepare or approve maps, shop
contract' for the ownership, drawings, opinions, reports, surveys,
maintenance or use of aircraft or field orders, change orders, designs or
watercraft; drawings and specifications,
(5) 'Bodily injury" or 'property damage" (3) Supervisory, inspection, architectural
arising out of the operation of any of or engineering activities,
the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or
or f.(3) of the definition of "mobile nursing services treatment, advice or
equipment', or instruction,
(6) An aircraft that is not owned by any (5) Any health or therapeutic service
insured and is hired,chartered or loaned treatment, advice or instruction,
with a paid crew However, this
exception does not apply if the insured (6) Any service, treatment, advice or
has any other insurance for such "bodily instruction for the purpose of
injury" or 'property damage", whether appearance or skin enhancement, hair
the other insurance is primary, excess, removal or replacement or personal
contingent or on any other basis grooming;
h. Mobile Equipment (7) Optical or hearing aid services
including the prescribing, preparation,
"Bodily injury" or "property damage" fitting, demonstration or distribution of
arising out of: ophthalmic lenses and similar
(1) The transportation of"mobile equipment' products or hearing aid devices;
by an "auto" owned or operated by or
rented or loaned to any insured,or
Page 6 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(8) Optometry or optometric services Paragraphs (1), (3) and (4) of this
including but not limited to examination exclusion do not apply to "property
of the eyes and the prescribing, damage" (other than damage by fire) to
preparation, fitting,demonstrabon or premises, including the contents of such
distribution of ophthalmic lenses and premises, rented to you for a period of 7 or
similar products, fewer consecutive days A separate Limit
(9) Any of Insurance applies to Damage To
Premises Rented To You as described in
(a) Body piercing (not including ear Section D.- Limits Of Insurance
piercing),
Paragraph (2) of this exclusion does not
(b) Tattooing, including but not limited apply if the premises are "your work" and
to the insertion of pigments into or were never occupied, rented or held for
under the skin, and rental by you
(c) Similar services, Paragraphs (3) and(4)of this exclusion do
(10) Services in the practice of pharmacy; not apply to the use of elevators
and Paragraphs (3), (4), (5) and (6) of this
(11) Computer consulting, design or exclusion do not apply to liability assumed
programming services, including web under a sidetrack agreement.
site design Paragraphs(3)and(4)of this exclusion do
Paragraphs (4) and (5)of this exclusion do not apply to "property damage" to
not apply to the Incidental Medical borrowed equipment while not being used
Malpractice coverage afforded under to perform operations at a job site
Paragraph 1.e. in Section A. -Coverages. Paragraph (6) of this exclusion does not
It. Damage To Property apply to "property damage" included in the
"Property damage"to. "products-completed operations hazard"
(1) Property you own, rent or occupy, I. Damage To Your Product
including any costs or expenses "Property damage" to "your product"
incurred by you, or any other person, arising out of it or any part of it.
organization or entity, for repair, m. Damage To Your Work
replacement, enhancement,
restoration or maintenance of such "Property damage" to "your work" arising
property for any reason, including out of it or any part of it and included in the
prevention of injury to a person or "products-completed operations hazard"
damage to another's property, This exclusion does not apply if the
(2) Premises you sell, give away or damaged work or the work out of which
abandon, if the"property damage"arises the damage arises was performed on your
out of any part of those premises; behalf by a subcontractor.
(3) Property loaned to you, n. Damage To Impaired Property Or
(4) Personal property in the care, custody Property Not Physically Injured
or control of the insured, "Property damage" to 'impaired property"
(5) That particular part of real property on or property that has not been physically
which you or any contractors or injured,arising out of.
subcontractors working directly or (1) A defect, deficiency, inadequacy or
indirectly on your behalf are performing dangerous condition in "your product"
operations, if the "property damage" or"your work", or
arises out of those operations;or (2) A delay or failure by you or anyone
(6) That particular part of any property acting on your behalf to perform a
that must be restored, repaired or contract or agreement in accordance
replaced because "your work" was with its terms
incorrectly performed on it This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use
Form SS 00 08 04 05 Page 7 of 24
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work;
Property (8) Arising out of an offense committed by
Damages claimed for any loss, cost or an insured whose business is
expense incurred by you or others for the (a) Advertising, broadcasting,
loss of use, withdrawal, recall, inspection, publishing or telecasting,
repair, replacement, adjustment, removal (b) Designing or determining content
or disposal of of web sites for others, or
(1) "Your product", (c) An Internet search, access,
(2) "Your work", or content or service provider
(3) "Impaired property"; However, this exclusion does not
if such product, work or property is apply to Paragraphs a., b. and c.
withdrawn or recalled from the market or under the definition of "personal and
from use by any person or organization advertising injury" in Section G. —
because of a known or suspected defect, Liability And Medical Expenses
deficiency, inadequacy or dangerous Definitions.
condition in it For the purposes of this exclusion,
p. Personal And Advertising Injury placing an "advertisement" for or
"Personal and advertising injury linking to others on your web site, by
(1) Arising out of oral, written or electronic itself, is not considered the business
publication of material, if done by or at of advertising, broadcasting,
the direction of the insured with publishing or telecasting,
knowledge of its falsity, (9) Arising out of an electronic chat room
(2) Arising out of oral, written or electronic or bulletin board the insured hosts,
publication of material whose first owns, or over which the insured
publication took place before the exercises control;
beginning of the policy period, (10) Arising out of the unauthorized use of
(3) Arising out of a criminal act committed another's name or product in your e-mail
by or at the direction of the insured, address, domain name or metatags, or
any other similar tactics to mislead
(4) Arising out of any breach of contract, another's potential customers,
except an implied contract to use (11) Arising out of the violation of a
another's "advertising idea" in your person's right of privacy created by
advertisement ,
any state or federal act
(5) Arising out of the failure of goods, However, this exclusion does not
products or services to conform with any statement of quality or apply to liability for damages that the
performance made in your insured would have in the absence of
"advertisement", such state or federal act,
(6) Arising out of the wrong description of (12) Arising out of.
the price of goods,products or services, (a) An "advertisement" for others on
(7) Arising out of any violation of any your web site,
intellectual property rights such as (b) Placing a link to a web site of
copyright, patent, trademark, trade others on your web site,
name, trade secret, service mark or (c) Content from a web site of others
other designation of origin or displayed within a frame or border
authenticity on your web site Content includes
However, this exclusion does not information, code, sounds, text,
apply to infringement, in your graphics or images,or
"advertisement", of (d) Computer code, software or
(a) Copyright, programming used to enable
(b) Slogan, unless the slogan is also (i) Your web site;or
a trademark, trade name, service (ii) The presentation or functionality
mark or other designation of origin of an "advertisement" or other
or authenticity, or content on your web site,
Page 8 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(13) Arising out of a violation of any anti- (a) May be awarded or incurred by
trust law, reason of any claim or suit
(14) Arising out of the fluctuation in price or alleging actual or threatened injury
value of any stocks, bonds or other or damage of any nature or kind to
securities, or persons or property which would
not have occurred in whole or in
(15) Arising out of discrimination or
Part but for the "asbestos hazard
humiliation committed by or at the
direction of any "executive officer", (b) Arise out of any request, demand,
director, stockholder, partner or order or statutory or regulatory
member of the insured requirement that any insured or
q. Electronic Data others test for, monitor, clean up,
remove, encapsulate, contain,
Damages arising out of the loss of, loss of treat, detoxify or neutralize or in
use of, damage to, corruption of, inability any way respond to or assess the
to access, or inability to manipulate effects of an "asbestos hazard", or
"electronic data". (c) Arise out of any claim or suit for
r. Employment-Related Practices damages because of testing for,
"Bodily injury" or"personal and advertising monitoring, cleaning up, removing,
injury"to* encapsulating, containing, treating,
(1) A person arising out of any detoxifying or neutralizing or in any
way responding to or assessing the
(a) Refusal to employ that person; effects of an"asbestos hazard".
(b) Termination of that person's t. Violation Of Statutes That Govern E-
employment,or Mails, Fax, Phone Calls Or Other
(c) Employment-related practices, Methods Of Sending Material Or
policies, acts or omissions, such as Information
coercion, demotion, evaluation, "Bodily injury", "property damage", or
reassignment, discipline, "personal and advertising injury" arising
defamation, harassment, humiliation directly or indirectly out of any action or
or discrimination directed at that omission that violates or is alleged to
person,or violate:
(2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection
sister of that person as a Act (TCPA), including any amendment
consequence of "bodily injury" or of or addition to such law,
"personal and advertising injury"to the
person at whom any of the (2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
employment-related practices
described in Paragraphs(a), (b), or(c) law, or
above is directed (3) Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
This exclusion applies: of 2003, that prohibits or limits the
(1) Whether the insured may be liable as sending, transmitting, communicating or
an employer or in any other capacity; distribution of material or information.
and Damage To Premises Rented To You —
(2) To any obligation to share damages Exception For Damage By Fire, Lightning
with or repay someone else who must or Explosion
pay damages because of the injury Exclusions c. through h. and k. through o. do
s. Asbestos not apply to damage by fire, lightning or
(1) "Bodily injury", "property damage" or explosion to premises rented to you or
"personal and advertising injury" temporarily occupied by you with permission of
arising out of the"asbestos hazard" the owner A separate Limit of Insurance
(2) Any damages, judgments, settlements, applies to this coverage as described in
loss,costs or expenses that. Section D. - Liability And Medical Expenses
Limits Of Insurance
Form SS 00 08 04 05 Page 9 of 24
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage s. A trust, you are an insured Your trustees
We will not pay expenses for"bodily injury" are also insureds, but only with respect to
a. Any Insured their duties as trustees
To any insured,except"volunteer workers". 2. Each of the following is also an insured
b. Hired Person a. Employees And Volunteer Workers
To a person hired to do work for or on behalf Your "volunteer workers" only while
of any insured or a tenant of any insured performing duties related to the conduct of
c. Injury On Normally Occupied Premises your business, or your "employees other
than either your"executive officers (if you
To a person injured on that part of are an organization other than a
premises you own or rent that the person partnership,joint venture or limited liability
normally occupies company) or your managers (if you are a
d. Workers' Compensation And Similar limited liability company), but only for acts
Laws within the scope of their employment by
To a person, whether or not an you or while performing duties related to
"employee" of any insured, if benefits for the conduct of your business
the "bodily injury" are payable or must be However, none of these "employees" or
provided under a workers' compensation "volunteer workers"are insureds for-
or disability benefits law or a similar law (1) "Bodily injury" or "personal and
e. Athletics Activities advertising injury"
To a person injured while practicing, (a) To you, to your partners or
instructing or participating in any physical members (if you are a partnership
exercises or games, sports or athletic or joint venture), to your members
contests (if you are a limited liability
f. Products-Completed Operations Hazard company), or to a co-"employee"
while in the course of his or her
Included with the "products-completed employment or performing duties
operations hazard" related to the conduct of your
g. Business Liability Exclusions business, or to your other
Excluded under Business Liability Coverage. "volunteer workers" while
C. WHO IS AN INSURED performing duties related to the
conduct of your business,
1. If you are designated in the Declarations as: (b) To the spouse, child, parent,
a. An individual, you and your spouse are brother or sister of that co-
insureds, but only with respect to the "employee" or that "volunteer
conduct of a business of which you are the worker" as a consequence of
sole owner. Paragraph(1)(a)above;
b. A partnership or joint venture, you are an (c) For which there is any obligation
insured Your members, your partners, and to share damages with or repay
their spouses are also insureds,but only with someone else who must pay
respect to the conduct of your business damages because of the injury
c. A limited liability company, you are an described in Paragraphs (1)(a) or
insured Your members are also insureds,
(b) above, or
but only with respect to the conduct of your (d) Arising out of his or her providing
business Your managers are insureds, but or failing to provide professional
only with respect to their duties as your health care services
managers If you are not in the business of
d. An organization other than a partnership, providing professional health care
joint venture or limited liability company, you services, Paragraph (d) does not apply
are an insured Your"executive officers"and to any nurse, emergency medical
directors are insureds, but only with respect technician or paramedic employed by
to their duties as your officers or directors you to provide such services
Your stockholders are also insureds,but only (2) "Property damage"to property
with respect to their liability as stockholders (a) Owned, occupied or used by,
Page 10 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred, or
"employees", "volunteer workers",
any partner or member (if you are (2) "Personal and advertising injury"
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company) organization
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your"employee" or With respect to "mobile equipment" registered in
"volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager, law, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway with your
Property permission Any other person or organization
Any person or organization having proper responsible for the conduct of such person is
temporary custody of your property if you also an insured, but only with respect to liability
die, but only arising out of the operation of the equipment, and
only if no other insurance of any kind is available
(1) With respect to liability arising out of the to that person or organization for this liability
maintenance or use of that property,and However, no person or organization is an insured
(2) Until your legal representative has with respect to
been appointed a. "Bodily injury" to a co-"employee" of the
d. Legal Representative if You Die person driving the equipment;or
Your legal representative if you die, but b. "Property damage" to property owned by,
only with respect to duties as such That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance an insured under this provision.
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person is an
more than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part your permission Any other person or
The insurance afforded herein for any organization responsible for the conduct of
subsidiary not shown in the Declarations such person is also an insured, but only with
as a named insured does not apply to respect to liability arising out of the operation
injury or damage with respect to which an of the watercraft, and only if no other
insurance of any kind is available to that
insured under this insurance is also an person or organization for this liability
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an
termination or upon the exhaustion of its insured with respect to
limits of insurance a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft, or
Any organization you newly acquire or form, b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50% of an insured under this provision
the voting stock, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization However. Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy period,whichever is earlier, and
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (a) Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally
policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement, or the issuance of the permit with the distribution or sale of the
A person or organization is an additional products,
insured under this provision only for that (17 Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an
connection with the sale of the
additional insured under this provision if such
person or organization is included as an product,
additional insured by an endorsement issued (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific container, part or ingredient of any
additional insured coverage grants in Section other thing or substance by or for
F.—Optional Additional Insured Coverages the vendor;or
a. Vendors (h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s)or organizations) (referred to
below as vendor), but only with respect to negligence of the vendor for its
"bodily injury" or "property damage" arising own acts or omissions or those out of "your products" which are distributed its employees or anyone else
or sold in the regular course of the vendor's acting on its behalf However, this
business and only if this Coverage Part exclusion does not apply to.
provides coverage for "bodily injury' or (i) The exceptions contained in
"property damage" included within the Subparagraphs(d)or(0, or
"products-completed operations hazard". (it) Such inspections, adjustments,
(1) The insurance afforded to the vendor tests or servicing as the vendor
is subject to the following additional has agreed to make or normally
exclusions: undertakes to make in the usual
course of business, inThis insurance does not apply to:
connection with the distribution
(a) "Bodily injury" or "property or sale of the products
damage" for which the vendor is (2) This insurance does not apply to any
obligated to pay damages by insured person or organization from
reason of the assumption of whom you have acquired such products,
liability in a contract or agreement or any ingredient, part or container,
This exclusion does not apply to entering into, accompanying or
liability for damages that the containing such products
vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthorized by you; whom you lease equipment, but only
with respect to their liability for "bodily
(c) Any physical or chemical change
injury", "property damage" or
in the product made intentionally
by the vendor; "personal and advertising injury"
caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment teased to you by such
inspection, demonstration, testing, person or organization
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container,
Page 12 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to
of that part of the land or premises a " injury", "
(eased to you ( ) Bodil Y J ur Y . property damage
or personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or"property damage"
place after you cease to lease that included within the "products-
land or be a tenant in that completed operations hazard".
premises, or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through a above, but only with
behalf of such person or respect to liability for "bodily injury",
organization "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury', "property damage" or "personal on your behalf.
and advertising injury" caused, in whole (a) In the performance of your
or in part, by your acts or omissions or ongoing operations,
the acts or omissions of those acting on (b
your behalf ) In connection with your premises ,
owned by or rented to you;or
(a) in connection with your premises; (c) In connection with"your work"and
or included within the "products-
(b) In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf. (1) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured;and
This insurance does not apply to (ii) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you, including (2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to.
maps, shop drawings, opinions, "Bodily injury", "property damage" or
reports, surveys, field orders, "personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications, or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including.
activities
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications; or explosion
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever
activities applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of Insurance arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E —Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations "personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the The Damage To Premises Rented To You
Declarations and the rules below fix the most we will pay regardless of the number of: Limit is the most we will pay under Business
Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while
b. Claims made or"suits"brought; or rented to you, or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing"suits", temporarily occupied by you with permission of '
2. Aggregate Limits the owner
The most we will pay for: in the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such
"products-completed operations hazard"is damage results from fire, lightning or explosion
the Products-Completed Operations or any combination of these
Aggregate Limit shown in the
Declarations. 6. How Limits Apply To Additional Insureds
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal organization who is an additional insured
and advertising injury", including medical under this Coverage Part is the lesser of
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision,or
owned by or rented to you b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section
railroad
Page 114 of 24 Form SS 00 OS 04 05
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or"suit', the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suit",
single highest limit of liability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suit" However, this other information;
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above (3) Cooperate with us in the investigationefens ,
or
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit"; and
separately to each consecutive annual penod and to (4) Assist us, upon our request, in the
any remaining period of less than 12 months,starting enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months In that case, the additional period will be may also apply
deemed part of the last preceding period for purposes
of determining the Limits of Insurance d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own
GENERAL CONDITIONS cost, voluntanly make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our If we cover a claim or "suit" under this
obligations under this Coverage Part Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense, Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
other insurer for defense and indemnity
it that we are notified as soon ass You or any additional insured must see to
However, this provision does not apply to
practicable of an "occurrence" or an the extent that you have agreed in a
offense which may result in a claim To written contract, written agreement or
the extent possible, notice should include permit that this insurance is primary and
non-contributory with the additional
(1) How, when and where the "occurrence" insured's own insurance
or offense took place,
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses, and Paragraphs a, and b. apply to you or to
(3) The nature and location of any injury any additional insured only when such
or damage arising out of the "occurrence", offense, claim or "suit" is
"occurrence"or offense. known to
b. Notice Of Claim (1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional
insured must insured is a partnership;
(1) Immediately record the specifics of the
claim or "suit" and the date received, (3) Any manager,
and insured is a limited
you or an additional
liability company,
(4) Any "executive officer" or insurance
(2) Notify us as soon as practicable manager, if you or an additional
You or any additional insured must see to insured is a corporation;
it that we receive a written notice of the (5) Any trustee, if you or an additional
Claim or"suit"as soon as practicable insured is a trust,or
c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you
Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity
Form SS 00 08 04 05 Page 115 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance
you and any additional insured upon your representations
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure
the extent of the coverage and limits of 7. Other Insurance
insurance required by that law
b. With respect to "mobile equipment" to a other valid and collectible insurance is
which this insurance applies, we will available for a loss we cover under this
provide any liability, uninsured motorists, Coverage Part, our obligations are limited as
follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law We will provide the required limits for This insurance is primary except when b.
those coverages below applies If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under insurance by the method described in c.
this Coverage Form below
a. To join us as a party or otherwise bring us b. Excess Insurance
into a "suit" asking for damages from an This insurance is excess over any of the
insured, or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis.
all of its terms have been fully complied (1) Your Work
with That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work",
against an insured, but we will not be liable for (2) Premises Rented To You
damages that are not payable under the terms of
this insurance or that are in excess of the That fire, lightning or explosion
applicable limit of insurance An agreed insurance for premises rented to you
or temporarily occupied by you with
settlement means a settlement and release of
liability signed by us, the insured and the permission of the owner,
claimant or the claimant's legal representative (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
Except with respect to the Limits of Insurance, cover your liability as a tenant for
and any rights or duties specifically assigned "property damage" to premises rented
in this policy to the first Named Insured, this w you or temporarily occupied by you
with permission of the owner,
insurance applies w
a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft
Named Insured, and If the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to
a claim is made or"suit"is brought. the extent not subject to Exclusion g. of
6. Representations Section A.—Coverages
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy, you agree: If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete, the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k. of Section A. —
representations you made to us, and Coverages
Page 16 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance, and
operations, for which you have been (2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance, or insurance
(7) When You Add Others As An We will share the remaining loss,if any, with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares,we will follow
Part this method also Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until it has paid its applicable limit of
This insurance is primary if you insurance or none of the loss remains,
have agreed in a written contract, whichever comes first.
written agreement or permit that If any of the other insurance does not permit
this insurance be primary If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method,each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c, applicable limit of insurance to the total
below applicable limits of insurance of all insurers
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us The insured must do
insurance, this insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance enforce them This condition does not
Paragraphs(a)and (b) do not apply to apply to Medical Expenses Coverage
other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured If the insured has waived any rights of
When this insurance is excess, we will recoverya
have no duty under this Coverage Part to against any person or
organization for all or part of any payment,
defend the insured against any "suit" if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit" If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those other insurers agreement or permit that was executed
prior to the injury or damage
Form SS 00 08 04 05 Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise
COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations, amended to include as an additional insured
one or more of the following Optional Additional the person(s) or organization(s) shown in the
Insured Coverages also apply When any of these Declarations as an Additional Insured -
Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply Equipment
to the person or organization shown in the a. WHO IS AN INSURED under Section C. is
Declarations These coverages are subject to the amended to include as an additional
terms and conditions applicable to Business insured the person(s) or organization(s)
Liability Coverage in this policy, except as shown in the Declarations as an Additional
provided below, Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily
Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or
amended to include as an additional insured in part, by your maintenance, operation or
the person(s) or organization(s) shown in the use of equipment leased to you by such
Declarations, but only with respect to liability person(s)or organization(s)
for "bodily injury", "property damage" or b. With respect to the insurance afforded to
"personal and advertising injury" caused, in these additional insureds, this insurance
whole or in part, by your acts or omissions or does not apply to any "occurrence" which
the acts or omissions of those acting on your takes place after you cease to lease that
behalf equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other
operations, or Interests From Whom Land Has Been
b. In connection with your premises owned Leased
by or rented to you a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors amended to include as an additional
Of Premises insured the person(s) or organization(s)
a. WHO IS AN INSURED under Section C. is shown in the Declarations as an Additional
Insured—Owners Or Other Interests From
amended to include as an additional insured Whom Land Has Been Leased, but only
the person(s)or organization(s)shown in the with respect to liability arising out of the
Declarations as an Additional Insured - ownership, maintenance or use of that part
Designated Person Or Organization, but only of the land leased to you and shown in the
with respect to liability arising out of the Declarations.
ownership, maintenance or use of that part of
the premises leased to you and shown in the b. With respect to the insurance afforded to
Declarations these additional insureds, the following
b. With respect to the insurance afforded to additional exclusions apply
these additional insureds, the following This insurance does not apply to.
additional exclusions apply (1) Any "occurrence" that takes place
This insurance does not apply to. after you cease to lease that land, or
(1) Any "occurrence" which takes place (2) Structural alterations, new
after you cease to be a tenant in that construction or demolition operations
premises, or performed by or on behalf of such
(2) Structural alterations, new person or organization.
construction or demolition operations 6. Additional Insured - State Or Political
performed by or on behalf of such Subdivision —Permits
person or organization a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - (e) Any failure to make such
Permits, but only with respect to inspections, adjustments, tests or
operations performed by you or on your servicing as the vendor has agreed
behalf for which the state or political to make or normally undertakes to
subdivision has issued a permit make in the usual course of
b. With respect to the insurance afforded to business, in connection with the
these additional insureds, the following distribution or sale of the products;
additional exclusions apply, (f) Demonstration, installation,
This insurance does not apply to servicing or repair operations,
except such operations performed
(1) "Bodily injury", "property damage" or at the vendor's premises in
"personal and advertising injury" connection with the sale of the
arising out of operations performed for product;
the state or municipality; or
(2) "Bodily injury" or "property damage" (g) Products which, after distribution
included in the "product-completed or sale you, have been labeled
or relabeled or used as a
operations" hazard
container, part or ingredient of any
7. Additional Insured—Vendors other thing or substance by or for
a. WHO IS AN INSURED under Section C.is the vendor;or
amended to include as an additional (h) "Bodily injury" or "property
insured the person(s) or organization(s) damage" arising out of the sole
(referred to below as vendor) shown in the negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else
injury" or "property damage" arising out of acting on its behalf However, this
.your products" which are distributed or exclusion does not apply to
sold in the regular course of the vendor's (i) The exceptions contained in
business and only if this Coverage Part Subparagraphs(d)or(f), or
provides coverage for "bodily injury" or (ii) Such inspections,
property damage' included within the
"products-completed operations hazard" adjustments, tests or servicing
as the vendor has agreed to
b. The insurance afforded to the vendor is
make or normally undertakes
subject to the following additional exclusions: to make in the usual course of
(1) This insurance does not apply to business, in connection with
(a) "Bodily injury" or "property the distribution or sale of the
damage" for which the vendor is products.
obligated to pay damages by (2) This insurance does not apply to any
reason of the assumption of insured person or organization from
liability in a contract or agreement whom you have acquired such
This exclusion does not apply to products, or any ingredient, part or
liability for damages that the container, entering into,
vendor would have in the absence accompanying or containing such
of the contract or agreement, products
(b) Any express warranty 8. Additional Insured—Controlling Interest
unauthorized by you, WHO IS AN INSURED under Section C. is
(c) Any physical or chemical change amended to include as an additional insured
in the product made intentionally the person(s) or organization(s) shown in the
by the vendor, Declarations as an Additional Insured —
(d) Repackaging, unless unpacked Controlling Interest, but only with respect to
solely for the purpose of inspection, their liability arising out of
demonstration, testing, or the a. Their financial control of you;or
substitution of parts under b. Premises they own, maintain or control
instructions from the manufacturer, while you lease or occupy these premises.
and then repackaged in the original
container,
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional
alterations, new construction and demolition insureds are described in Section D. - Limits Of
operations performed by or for that person or Insurance.
organization. How this insurance applies when other insurance
9 Additional Insured - Owners, Lessees Or is available to an additional insured is described in
Contractors - Scheduled Person Or the Other Insurance Condition in Section E. -
Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured -Owner, Lessees Or Contractors. 1. "Advertisement" means the widespread public
but only with respect to liability for "bodily dissemination of information or images that
injury", "property damage" or "personal has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or products or services through.
in part, by your acts or omissions or the a. (1) Radio;
acts or omissions of those acting on your (2) Television;
behalf: (3) Billboard,
(1) In the performance of your ongoing
operations for the additional (4) Magazine;
insured(s),or (5) Newspaper;
(2) In connection with "your work" b. The Internet, but only that part of a web
performed for that additional insured site that is about goods, products or
and included within the "products- services for the purposes of inducing the
completed operations hazard", but sale of goods, products or services, or
only if this Coverage Part provides c. Any other publication that is given
coverage for "bodily injury" or widespread public distribution.
"property damage" included within the However, "advertisement"does not include.
products-completed operations a. The design, printed material, information
hazard'.
respect to the insurance afforded to or images contained in, on or upon the
b. With res
p packaging or labeling of any goods or
these additional insureds, this insurance products, or
does not apply to "bodily injury", "property
damage" or "personal an advertising b. An interactive conversation between or
injury" arising out of the rendering of, or among persons through a computer network
the failure to render, any professional 2. "Advertising idea" means any idea for an
architectural, engineering or surveying "advertisement".
services, including. 3. "Asbestos hazard" means an exposure or
(1) The preparing, approving, or failure to threat of exposure to the actual or alleged
prepare or approve, maps, shop properties of asbestos and includes the mere
drawings, opinions, reports, surveys, presence of asbestos in any form
field orders,change orders, designs or 4. "Auto" means a land motor vehicle, trailer or
drawings and specifications, or semi-trailer designed for travel on public
(2) Supervisory, inspection, architectural roads, including any attached machinery or
or engineering activities equipment But "auto" does not include
10. Additional Insured - Co-Owner Of Insured "mobile equipment"
Premises 5. "Bodily injury"means physical*
WHO IS AN INSURED under Section C. is a. Injury,
amended to include as an additional insured b Sickness; or
the person(s) or Organization(s) shown in the c. Disease
Declarations as an Additional Insured - Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the
respect to their liability as co-owner of the above, mental anguish or death at any time
premises shown in the Declarations 6. "Coverage territory" means
Page 20 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
a. The United States of America (including its b. You have failed to fulfill the terms of a
territories and possessions), Puerto Rico contract or agreement;
and Canada, if such property can be restored to use by
b. international waters or airspace, but only if a. The repair, replacement, adjustment or
the injury or damage occurs in the course removal of "your product" or "your work",
of travel or transportation between any or
places included in a.above, b. Your fulfilling the terms of the contract or
c. All other parts of the world if the injury or agreement.
damage arises out of.
12. "Insured contract" means:
(1) Goods or products made or sold by you a A contract for a lease of premises
in the territory described in a above,
(2) The activities of a person whose home However, that portion of the contract for a
lease of premises that indemnifies any
is in the territory described in a. person or organization for damage by fire,
above, but is away for a short time on lightning or explosion to premises while
your business,or rented to you or temporarily occupied by
(3) "Personal and advertising injury" you with permission of the owner is
offenses that take place through the subject to the Damage To Premises
Internet or similar electronic means of Rented To You limit described in Section
communication D. — Liability and Medical Expenses Limits
provided the insured's responsibility to pay of Insurance
damages is determined in the United States of b. A sidetrack agreement,
America (including its territories and c. Any easement or license agreement,
possessions), Puerto Rico or Canada, in a including an easement or license
"suit" on the merits according to the agreement in connection with construction
substantive law in such territory, or in a or demolition operations on or within 50
settlement we agree to. feet of a railroad,
T. "Electronic data" means information, facts or d. Any obligation, as required by ordinance,
programs to indemnify a municipality, except in
a. Stored as or on, connection with work for a municipality,
b. Created or used on;or e. An elevator maintenance agreement, or
c. Transmitted to or from f. That part of any other contract or
computer software, including systems and agreement pertaining to your business
applications software, hard or floppy disks, (including an indemnification of a
CD-ROMS, tapes, drives, cells, data municipality in connection with work
processing devices or any other media which performed for a municipality) under which
are used with electronically controlled you assume the tort liability of another
equipment party to pay for "bodily injury" or "property
8. "Employee" includes a "leased worker". damage" to a third person or organization,
"Employee" does not include a "temporary provided the "bodily injury" or "property
worker". damage" is caused, in whole or in part, by
you or by those acting on your behalf.
9. "Executive officer" means a person holding Tort liability means a liability that would be
any of the officer positions created by your imposed by law in the absence of any
charter, constitution, by-laws or any other contract or agreement
similar governing document Paragraph f. includes that part of any
10. "Hostile fire" means one which becomes contract or agreement that indemnifies a
uncontrollable or breaks out from where it was railroad for "bodily injury" or "property
intended to be damage" arising out of construction or
11. "Impaired property" means tangible property, demolition operations within 50 feet of any
other than "your product" or "your work", that railroad property and affecting any railroad
cannot be used or is less useful because- bridge or trestle, tracks, road-beds, tunnel,
a. It incorporates "your product" or"your work" underpass or crossing
that is known or thought to be defective, However, Paragraph f. does not include
deficient, inadequate or dangerous;or that part of any contract or agreement.
Form SS 00 08 04 05 Page 21 of 24
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect, (1) Power cranes, shovels, loaders,
engineer or surveyor for injury or diggers or drills;or
damage arising out of. (2) Road construction or resurfacing
(a) Preparing, approving or failing to equipment such as graders, scrapers
prepare or approve maps, shop or rollers;
drawings, opinions, reports, e. Vehicles not described in a., b., c., or d.
surveys, field orders, change above that are not self-propelled and are
orders, designs or drawings and maintained primarily to provide mobility to
specifications, or permanently attached equipment of the
(b) Giving directions or instructions, following types.
or fading to give them, if that is the (1) Air compressors, pumps and
primary cause of the injury or generators, including spraying,
damage;or welding, budding cleaning,
(2) Under which the insured, if an geophysical exploration, lighting and
architect, engineer or surveyor, well servicing equipment, or
assumes liability for an injury or (2) Cherry pickers and similar devices
damage arising out of the insured's used to raise or lower workers,
rendering or failure to render
professional services, including those f. Vehicles not described in a., b., c., or d.
listed in (1) above and supervisory, above maintained primarily for purposes
inspection, architectural or other than the transportation of persons or
engineering activities. cargo
13. "Leased worker" means a person leased to However, self-propelled vehicles with the
you by a labor leasing firm under an following types of permanently attached
agreement between you and the labor leasing equipment are not "mobile equipment" but
firm, to perform duties related to the conduct of will be considered "autos"
your business "Leased worker" does not (1) Equipment, of at least 1,000 pounds
include a "temporary worker" gross vehicle weight, designed
14. "Loading or unloading' means the handling of primarily for*
property (a) Snow removal;
a. After it is moved from the place where it is (b) Road maintenance, but not
accepted for movement into or onto an construction or resurfacing, or
aircraft, watercraft or"auto", (c) Street cleaning;
b. While it is in or on an aircraft,watercraft or (2) Cherry pickers and similar devices
"auto", or mounted on automobile or truck
c. While it is being moved from an aircraft, chassis and used to raise or lower
watercraft or"auto" to the place where it is workers, and
finally delivered, (3) Air compressors, pumps and
but "loading or unloading" does not include the generators, including spraying,
movement of property by means of a mechanical welding, budding cleaning,
device, other than a hand truck, that is not geophysical exploration, lighting and
attached to the aircraft,watercraft or"auto". well servicing equipment.
15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including
types of land vehicles, including any attached continuous or repeated exposure to substantially
machinery or equipment: the same general harmful conditions
a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury"means injury,
other vehicles designed for use principally including consequential "bodily injury", arising
off public roads; out of one or more of the following offenses
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment;
next to premises you own or rent, b. Malicious prosecution,
c. Vehicles that travel on crawler treads,
d. Vehicles, whether self-propelled or not, on
which are permanently mounted
Page 22 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance,
into, or invasion of the right of private correction, repair or replacement, but
occupancy of a room, dwelling or which is otherwise complete, will be
premises that the person occupies, treated as completed
committed by or on behalf of its owner, The "bodily injury" or "property damage"
landlord or lessor, must occur away from premises you own
d. Oral, written or electronic publication of or rent, unless your business includes the
material that slanders or libels a person or selling, handling or distribution of "your
organization or disparages a person's or product" for consumption on premises you
organization's goods, products or services, own or rent
e. Oral, written or electronic publication of b. Does not include "bodily injury" or
material that violates a person's right of "property damage"arising out of
privacy, p property, unless
(1) The transportation of
f. Copying, in your "advertisement", a the injury or damage arises out of a
person's or organization's "advertising condition in or on a vehicle not owned
idea" or style of"advertisement"; or operated by you, and that condition
g. Infringement of copyright, slogan, or title of was created by the "loading or
any literary or artistic work, in your unloading" of that vehicle by any
"advertisement", or insured,or
h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled
injury to the feelings or reputation of a equipment or abandoned or unused
natural person materials
18. "Pollutants" means any solid, liquid, gaseous or 20 "Property damage"means:
thermal irritant or contaminant, including smoke, a. Physical injury to tangible property,
vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that
waste Waste includes materials to be recycled, property All such loss of use shall be
reconditioned or reclaimed deemed to occur at the time of the
19. "Products-completed operations hazard", physical injury that caused it, or
a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not
damage" occurring away from premises physically injured All such loss of use
you own or rent and arising out of "your shall be deemed to occur at the time of
product" or"your work"except "occurrence"that caused it
(1) Products that are still in your physical As used in this definition, "electronic data" is
possession; or not tangible property
(2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which
or abandoned. However, "your work" damages because of "bodily injury", "property
will be deemed to be completed at the damage" or "personal and advertising injury"
earliest of the following times to which this insurance applies are alleged
(a) When all of the work called for in "Suit"includes-
your contract has been completed a. An arbitration proceeding in which such
(b) When all of the work to be done at damages are claimed and to which the
the job site has been completed if insured must submit or does submit with
your contract calls for work at our consent, or
more than one job site b. Any other alternative dispute resolution
(c) When that part of the work done at proceeding in which such damages are
a job site has been put to its claimed and to which the insured submits
intended use by any person or with our consent
organization other than another 22• "Temporary worker" means a person who is
contractor or subcontractor furnished to you to substitute for a permanent
working on the same project "employee" on leave or to meet seasonal or
short-term workload conditions
23. "Volunteer worker"means a person who:
a. Is not your"employee",
Form SS 00 08 04 05 Page 23 of 24
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work, (2) The providing of or failure to provide
c. Acts at the direction of and within the warnings or instructions
scope of duties determined by you, and c. Does not include vending machines or
d. Is not paid a fee, salary or other other property rented to or located for the
compensation by you or anyone else for use of others but not sold
their work performed for you 25 "Your work":
24. "Your product'. a. Means:
a Means. (1) Work or operations performed by you
(1) Any goods or products, other than real or on your behalf; and
property, manufactured, sold, handled, (2) Materials, parts or equipment
distributed or disposed of by furnished in connection with such work
(a) You; or operations
(b) Others trading under your name, b. Includes,
or (1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness,
business or assets you have quality, durability, performance or use
acquired, and of"your work"; and
(2) Containers (other than vehicles), (2) The providing of or failure to provide
materials, parts or equipment warnings or instructions.
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of"your product', and
Page 24 of 24 Form SS 00 08 04 06