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PW11-071 - Amendment - #5 - Northwest Hydraulic Consultants, Inc. - SR 516 to S 231st Way Levee - 12/15/2015
ecords MaH � a=fie en KEN w. Document WASHINOTON 3 xtit t 3 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 Hydraulic Consultants, Inc. Vendor Number: JD Edwards Number I _ Contract Number: , E €011i _ 00 This is assigned by City Clerk's Office Project Name: SR 516 to S. 2315t Way Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/15/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Contract Amount: $0.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2016 because project work continues on these Levee systems and support is necessary. As of: 08/27/14 KENlT AMENDMENT NO. 5 NAME OF CONSULTANT OR VENDOR: Northwest Hydraulic Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: SR 516 to S. 231s` Way Levee ORIGINAL AGREEMENT DATE: February 11, 2011 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2016 because project work continues on these Levee systems and support is necessary. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $50,444.00 including applicable WSST Net Change by Previous Amendments $30,000.00 including applicable WSST Current Contract Amount $80,444.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $80,444.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 12/31/15 prior Amendments (insert date) Add'I Days Required (f) for this 366 calendar days Amendment Revised Time for Completion 12/31/16 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: B ? V of �' (signature) T (p gnature) Print Name � Print Name: Timothy J. LaPorte, P.E. Its t€ � ,` k.p'-t .Z--- Its Public Works Director r�tl DATE: DATE: ;'% }( t '-2 chi , -� � � °- APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department NHC-SR 516 t.231°Amd 5/H.11.1k AMENDMENT - 2 OF 2 NORTH34 OP 10: NN ac®R® CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDDIY Y) 0613012016 "qS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I .RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .SLOW. 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Mike Griffith PRODUCER NAME: -- Griffith/Rush Drake Insurance PHONE 206-632-1433 FAX 206.365-0699 PO BOX 27167 Mc. 0 No E#Y (AID,Na): - 12354 Lake City Way NE E MAIL ADDRESS: Seattle,WA 98125 Mike Griffith INSURERS)AFFORDING COVERAGE NAICN _ INSURERA:The Hartford Casualty Ins Co 29424.. INSURED Northwest Hydraulic INSURER IS _ Consultants, Inc. - 16300 Christensen Rd#350 INsuRERc: Tukwila,WA 98188 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 HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR TYPE OF INSURANCE DDL-IIeR -- POLICY EFF POLICY EXP LIMITS LTR INSD O POLICY NUMBER MMIDDIYYYV MMIDDNYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE. S 1,000,000 CL41M5-MADE OCCUR 152UUNZD9765 06/3012015 06/3012016 PREMISES(Ea ocnorence S 30Q000 MED EXP(My one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 �GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY N PRO- LOG 2.000,000 -_.. JECT PRODUCTS-COMPIOP AGG S 1 OTHER: COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY Ea accident)_ A X �ANY AUTO 52UUNZD9765 06130/2015 06/3012016 BODILY INJURY(Perperson) S ALLOWINED SCHEDAUTOSULED ` BODILY INJURY(Peraccidenl) S AUTOS NON-OWNED PROPERTY DAMAGE S HI RED AUTOS AUTOS Per accident) $ X UMBRELLALIAB X_ OCCUR EACH OCCURRENCE 5 A EXCESSLIAa CLAIMS-MADE 52XHUZD8463 06/30/2015 06/3012016 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 ! 5 WORKERS COMPENSATION STATUTE X ERH AND EMPLOYERS'LIABILITV YIN 52UUNZD9765 06130/2015 06130/2016 EL EACH ACCIDEM $ 1,000,000 A ANY PROPRIETORIPARTNERIEXECUTNE NIA - - OFFICLRiMEMBER ato�In NH)EXCLUDE04 WA STOP GAP E.L.DISEASE-EA EMPLOYE S 1,000,000 If ycs(Manadesobe uotler r 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Property Section _T 52UUNZD9765 06130l2015 06730/2016 BPP 1,642,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD tet,Atlditional Remarks Schedule,may he attached if more space Is required) The certificate holder is listed as primary, non contributory additional insured as pertains to the work and services performed by the named Insured only per form FIG 00 01 06 05. CERTIFICATE HOLDER CANCELLATION CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD �—, NORTH34 OP ID: NNE AC®Fr® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY1'Y) 03/1112015 'S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS RTIFICATE 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s). PRODUCER CONT NAME:ACT Mike Griffith Griffith/Rush Drake Insurance PHONE y06-632-1433 - - FAX PO Box 27167 IC Nc E#: _.._._ {Alc Ne): 206-365-0699 _ 12364 Lake City Way NE -ADDRESS: Seattle,WA 98125 -- - - " Mike Griffith INSURER(S)AFFORDING COVERAGE NAIC.tl_ INSURERA_:St_arr Surplus Lines Ins Co_ INSURED Northwest Hydraulic INSURER B: Consultants, Inc. - 16300 Christensen Rd 9350 INSURERc: Tukwila,WA 98188 INSURER o: INSURERE: _ 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. IN_SR] "- rypE OF DDL Ue "- POLICY EFF" POLICY EXP LIMITS LTR S WVO POLICY NUMBER MWDDNYYY MMIDDM'YY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ GET CLAIMS-MADE OCCUR PREMISES Ea occurrence $ BED EXP(Any one person) PERSONAL&ADV INJURY $ _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 8 POLICY 7 jECOT E LOC PRODUCTS-COMP/OP AGG $ OTHER: COMBINED SING ELIMIT AUTOMOBILE LIABILITY F.a accident $ _. ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS AUTOS NON CANNEDPROPE TYDAMAGE - $ HIRED ALTOS AUTOS - - - $ UMBRELLA LIAR Ll OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $.. DED RETENTION$ IS WORKERS COMPENSATION STATUTE EORH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTVE NIA Ti.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDEDI I under E.L.DISEASE-EA EMPLOYEE $ yes,d ory in NH) D yes,describe E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS below A Professional Lla SLSLPR026247315 0311212015 0311212016 OcclAgg 6,000,00 Ded 50,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS)VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached IT more space is required) Those usual to the insured's operations. CERTIFICATE HOLDER CANCELLATION CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE � ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL. LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The"bodily injury" or"property damage" occurs the entire policy carefully to determine rights, duties and during the policy period;and what is and is not covered, (3) Prior to the policy period, no insured listed Throughout this.pollcy the words"you"and "your" refer to under Paragraph 1. of Section If —Who Is An the Named Insured shown in the Declarations;and any insured and no"employee"authorized byyou to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy. The words"wo", "us" and"our" claim, knew that the "bodily injury" or "properly refer to the stock insurance company member of The damage" had occurred, in whole or in,part. If Hartford provldingthlsInsurance, such a listed insured or authorized "employee" The word "insured" means any person or,.:'organlzation knew prior to.the policy period, that the "bodily qualifying as such under Section 11-WI o,lsA'nlnsured. injury or property damage occurred,than any Other words and phrases that appear In tatlon marks continuation, change r resumption of such P pP 9 uo bodily injury or "property damage during or have special meaning,Referto Section V.-poprd ions., after the'policy period'will be deemed to have SECTION I—COVERAGES been known prior to the policy period, COVERAGE A BONLY INJURY AND .PROPERTY c, "Bodily Injury"or"property damage"will be deemed DAMAGE LIABILITY to have been known to have 'occurred at the 1. Insuring Agreement earliest time when any insured listed under .a. We will pay th Paragraph 1. of Section 11—Who Is An Insured or ose sums that the Insured becomes ' 'any "employee" authorized by you to give or l legally obligated to pay as damages because-of receive notice of an"occurrence"or claim: "bodily injury" or "properly damage" to which this insurance appiles. We will have the right and duty (1) Reports all, or any part, of the bodily injury„ or to defend the Insured against any,"suit" seeking "properly damage"to us or any other Insurer; those damages. However, we will have no duty to (2) Receives a written or verbal demand or claim defend the Insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily Injury"or"property damage"to "properly damage';or which this Insurance does not apply. We may, at (3) Becomes aware by any other means that bur discreilon, investigate any "occurrence' and "bodily Injury" or "property damage" has settle any claim or 'suit that may result,But; occurred or has begun to occur. (1) The amount we will pay for damages Is limited d. Damages because of "bodily injury" include as described In Section III — Limits of damages claimed by any person or organization for Insurance;and care, loss of services or death resulting at any time (2) our right and duty to defend_ epds„when we, from the'bodily Injury", have used up the appllcabla:Ilrriltofadsurance ln; or•',o;e, Incidental Nfedfca!Malpractice the payment of judgments,ar.sottlemen}a:.;q deg.;.„ ;.. it I 'godl( in u " arisin out of the rendering cf.or Coverages A or 8 or medical',expettses,upger• . ,.,, (') y.,j n g g Coverage D. failure 'to render professional health care aTwn or liability topay,*sunc'.pr services as a physician, dentist, nurse, No other obit 9 y emergency medical technician or paramedic perform acts or services Is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments — "occurrence", but only if; Coverages A and B. (a) The physician, dentist, nurse, emergency b. This Insurance applies to "bodily injury" and medical technician or paramedic Is "property damage"only If. employed by you to provide such services; (1) The "bodily injury" or "property damage" Is and caused by an "occurrence" that takes'place In (b) You are not engaged in the business or the"coverage territory"; occupation of providing such services, 00 01 06 05 Page 1 of 1 B ©2005 The Hartford (includes copyrighted material of.lnsurance Services Office, Inc,with its permission.) (2) For the purpose of determining the limits of d.. Workers'Compensation And Sim liar Laws " Insurance for Incidental medical malpractice, Any obligation of.the Insured under a workers' any act or omission together with all relaiedacts compensation, dsabil'rylenefitsorunemployment or omissions in the furnishing of these services compen§atiorf fain or any similar law. to any one person will be considered one "occurrence°, a i=mpieyer'§Liability 2. Exclusions "Bodily Injury"to; This Insurance does not apply to, (1) An 'employee,' of the insured arising out of and a, Expected Or Intended Injury. In the course of: "Bodily Injury" or "property damage" expected or (a) Employ ent by the.Insured;or Intended from the standpoint of the Insured, This (b) Performing duties related to the conduct of exclusion does not apply to' "bodily. Injury" or the insured's business;or "property damage" resulting from the use ,of (2) The spouse,, s a consequence child, parent, brother or sister of reasonable force to protect personsorproporty., that "eiiplo}iee" a of b. Contractual Liability ° PaYsra}Sh_(');,above.:' . "Bodily Injury" or "property damage" for which the Thi's pxcfuslon,app➢es; insured is obligated to pay damages by reason of (1). Whether the insured may be liable as an the assumption of liability In a contract or employer or in any other capacity;and agreement,Th!s exclusion does not applyto Ilabllity (2) To any obligation to share,damages-with or j for damages: repay someone else who must pay damages (1) That the Insured would have In the absence of because of the Injury, . the contract or agreement;or This exclusion does not apply to liability assumed (2) Assumed In a contract or agreement that is an by the Insured under an"insured contract'' "Insured contract",provided the"bodily injury"or f. pollution "property damage, occurs subsequent to the (1) "Bodily Injury" or"property damage" arising out for the purposes o� liability assumed in an j execution of the contract liability or agreement. Solely of the actual, alleged or threatened discharge, "insured contract",reasonable aitomeyfees and dispersal, seepage, migration, release or necessary litigation expenses incurred by or for escape of"pollutants": a party other than an Insured are deemed to be (a) At or from•any premises, site or location damages because of"bodily Injury" or"property, whlah is or was at any time owned or damaga",provided; occupied by, or rented or loaned to, any (a) Liability to such party for, or for the coal a,,, Insured,.However, 'this subparagraph does that party's defense has also been assumed not apply to; In the same "insured contract";and (1) "Bodily injury" if sustained within a (b) Such attorney fees and litigation expenses building a.ha-baueed by smoke, fumes,- are fordefense of that party against a civil or vapor or soot produced by or.oagif the alternat!ve dispute resolution proceeding in from'aquipment that Is used to heat, cool which damages to which this insurance or dehumidify the building, or equipment applies are alleged, that is used to heat water for personal G. "Liquor Liability use, by the buildings occupants or thelr "Bodily; "Bodily Injury" or "Property-damage" for which any (it) Bodily injury or properly damage for Insured may be held liable by reason of: . which you may be held liable,if you are a (1) Causing orcomrlbuting to the intoxication of any contractor and the owner or lessee of person; such.premises, site or location has been (2) The furnishing of alcoholic beverages to a added to your policy as an additional - parson underthe legal drinking age or underihe Insured with respect to your ongoing Influence of alcohol;or operations performed for that additional Insured at that premises, site or location (8) Any statute, ordinance or regulation relating to and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages, rented or loaned to, any Insured, other This exclusion applies only if you are In the than that additional Insured;or business of manufacturing, distributing, . selling, serving or furnishing alcoholic beverages, Poo@ 2 of 18 HQ 00 0106 06 (if) Bodily injury or property damage (a) At or from any premises, site or location on arising out of heat, smoke or fumes from which any insured or any contractors or a"hostile fire"; subcontractors working direcily or indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by'or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage,disposal,processing or treatment of detoxify or neutralize,or.In any way respond waste;. to,or assess the effects of, pollutants (c) Whlch are or were at any time transported, (2) Any loss,cost or expense arising Out of any: handled, stored, treated, disposed of, or (a) Request,- demand, order or statutory or processed as waste byorfor: regulatory requirement that any Insured or (f) Any Insured;or others test for, monlfor, clean up, remove, (ii) Any person or organization for whom you contain, treat, detoxify or neutralize, or in any way respond to,or assess the effects of, may be legally responsible; 'polluiahis";or (d) At or from any premisoa,,.0e orjocatloq_op,_, (b) Claim or suit by or on behalf of a which ,any insured,or,&r y:�o traq o s ,Qr,... governmental , authority for damages subconimctors'vuofkjrig;directljy°oar Ipdirecily ;;because of testing for, monitoring, cleaning on any Insureds liehalf 'a4s perorming operations if the "pollutants"`aYe l nought on up, removing; . containing, treating, or-to the promises, 'sRb, o.r:"Iocatio'; in' " detoxifying or•neutralizing, or in any way connection with such dpeMlonss)dH` responding to, or assessing the effects of, insured, contractor or subconlydcYbft` ' However, this. paragraph does not apply to However, this subparagrapli does not apply"' P 8 P pPy to; ]]ability for damages because of "property "Bodily 'Injury" or "property. damage" damage' that the insured would have In the O Y . 9 absence .of such request, demand, order or arising out of the, escape of fuels, statutory or regulatory requirement, or such lubricants or other operating fluids which claim or"suit"by or on behalf of a governmental are needed to perform the normal authority, t eleciHoal, hydraulic or meehanlcal functions necessary for the operation of g• Aircraft;Auto Or Waterchaft "mobile equipment" or.its parts, If such 'Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids he ownership, maintenance, use or entrustment to escape from a vehicle part designed to ethers of any aircraft, "auto"or watercraft owned,or hold, store or receive them. This . operated by or rented or loaned to any Insured.Use exception does not apply If the "bodily Includes operation'and"loading or unloading", injury"or"property damage"adsesout of This exclusion applies even-if ihe•claim's against the intentional discharge; dispersal or ' any Insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, emplcymeni, training or operating fluids, or. if such fuels, monitoring of others by that Insured, If the lubricants or other operating flulds are "occurrence" which caused the "bodily Injury" or brought on or io_the premises,_siie or _ „property damage"' Involved the ownership, location hIth the intent that they be maintenance, use or entrustment to others of any disoharged,dispersed or released as pars aircraft, "auto" or watercraft that Is owned or of the operations being performed by operated by or rented or loaned io any insured, such Insured; coptracfor . or subcontractor, This exclusion does net apply to: (11) 'Bodily injury" or "property ,damage" (1) A watererafl while ashore on premises you own sustained within or rent;• a..buhdJpgs�dcausgd,. ", by the release of gesap,fLIT.aor vapgrs {2} A waierora$you do not own that Is from materials bfought Irtio Gt'—'td0n6 (a) Less than 51 feet long; and In connection with •opeYiifohs' -15416j (b) Not being used to carry persons for a performed by you or'on your behalf:by a contractor or subcontractor;or charge; (if!) "Bodily Injury" or "properly damage" (3) Parking an "agto" on, or on the ways next to, arising out of heat, smoke or fumes from premises you own or rent, provided the auto is a"hostile fire";or not owned by or rented or loaned to you or the insured; H G 00 0106 05 Page 3 of 1 B (4) Liability assumed under any"Insured contract" working directly or Indirectly on your behalf are i for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft;. arises out of those operations;or (5) "Bodily Injury" or"property damage" arising out (6) That particular,part of any property that must be of the operation of any of the equipment listed In restored, repalred or replaced because "your 'Paragraph f.(2) or f.(3) of the .definition of ..work"was.lncorrecily perform ed on ii, - - I "mobile equipment";or Paragraphs(1),;(3)'and (4)of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage" (other'than damage by j Is hired, chartered or loaned with a paid crew. fire) to premises, Including the contents of such However, this exception does not apply if Ihs premises, rented to you for a period of 7 or fewer insured has any oiher Insurance for such"bodily consecutive days; A separate limit of insurance injury" or"property damage", whether the other applies to Damage To Premises Rented To You as insurance Is primary, excess, contingent or on described In Section III—Urnits Of Insurance. any other basis, Paragraph(2)of ihis exclusion does not apply if the h. Mobile Equipment premises are"your.work"and were never occupied, , "Bodily Injury"or"property damage"arising out of., rented or held for rental by you, (1) The iransporlation of"mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto"owned or operated by or rented or loaned aPPly to "property damage arising from the use of to any Insured;or elevators. (2}: The use of "mobile equipment" in, or while In Paragraphs(3), (4), (6) and(6)ofihls-exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolitlon, or agreement. stunting activity, Paragraphs (3) and (4) of this exoluslon do not f. War apply to "property damage"to borrowed equipment 'Bodily injury" or ty damage", while not being used to perform operations at the ) ry proper damn e however jab site, caused,arising,directly or indirectly,out of; paragraph (6) of this exclusion does not apply to (1} Vdar,includingundeclaredorchtilwar; "property damage" included In the "products- (2) Warlike aellon by a military force, Including completed operation's hazard". action in hindering or defending against an k. pamageToYourProduct actual or expected attack, by any government, - sovereign or other authority using military "Prooerlydamage"to"your product"arising out of it personnel or other agents;or. or any�part ofit. (8)' Insurrection, rebellion, . revolution, . usu pert:,: I. damage To Your Work power, or action taken by governmental "Propertydamagg"to'your work"arising out of It or authority In hindering or defending against any any. part of it and; included in the "products- of these, completed operat(ana:hazardi, j. DamagoTc Property This exclusion does not apply if the damaged work "Property damage"to; or ths'wb'rk"out of which the damage arises.was . t performed on your behalf by a subcontracior, { ) Property Y You awn rent,or occu py,including any m. Damage To Impaired Property Or Property Not costs or expenses incurred by you, crony other Physically Injured P y p iY person, organization or entity, for repair, y y replacement, enhancement, restoration or "Property damage" to "impaired properly' or maintenance of such property for any reason, properly that has not been ,physically Injured, including prevention of Injury to a person or arising out of; damage to anther's property; (1) A defect, deficiency, Inadequacy or dangerous (2) Premises you sell, give away or abandon, If the condition In"your product'or"your work";or "property damage" arises out of any part of (2) A delay or fallure by you or anyone acting on those premises; your behalf to perform q.00nfraot or agreement (3) Property loaned to you; in accordance with its terms, (4) Personal property In the care, custody orcomlml This exclusion does not apply to the loss of use of of the Insured; other property arising out of 'sudden and accidental (7 That particular part of real property on which physical injury to"your product'.or"your work"after you or any contractors or subcontractors it has been pu to its intended use. Page 4 of 18 HQ 00 01 0605. 1 I n. Recall Of Products, Work Or impaired kind io persons or properly which would not Properly have occurred in whole or in part butter the Damages claimed for any loss, cost or expense "asbestos hazard"; Incurred by you or others for the lase of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjusimeni, removalordlsposal of; Insured or others test for, monitor, clean up, (1) "Your product"; remove, encapsulate,contain,treat, detoxify k" or neutralize or In any way respond to or (2) "Yourwor ;or assess the effects of an asbestos hazard"; (3) "Impalredproperly"; or if such product, work, or property Is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market orfrom use by any person because of testing for, monitoring, cleaning or organizattoh because of a known or'suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or in any condhlon In It, way responding to or assessing the effects o• Personal And Advertising Injury of an"asbestos hazard". "Bodily Injury" arising .out of "personal and Damage To Premises Rented To You — Exception advertising Injury" For Damage By Fire,Lightning Or Explosion p. Electronic Data Exclusions c.through h.and j.through n.do not apply Damages arising evict the•loss of,'.Loss;of.us_s of, to damage by flre, lightning or explosion to premises damage to, corruption of :It abilli�t'.iw;aoo ss,;or;.;l while rented to you orfemporadly occupied by you with gpermisston of the owner. A separate limit of insurance liability to manipulate electronic daja', applies te4ts,;coverage as described in section iII — As used In this exclusion, electronic:data•means Limits Oflnsutgnce. . information, facts or programs etored.as,Ar.on,.,: COVERAGE B PERSONAL. AND ADVERTISING created or used on, or iransmlllod..io,.or..from INJURYLIABiLrrY computer software, Including.. systems . and appllcatlons software, hard or floppy disks, OD- 1. insuring Agreement ROMS, tapes, drives, cells, data processing a. We will pay those sums that the Insured becomes devices or any other media which are used with legally obligated to pay as damages because of electronically controlled equipment, 'personal and advertising Injury" to which this- q. Employment-Related Practices insurance applies. We will have the right and duty to defend the insured against any "suit" seeking Bodily injury„to; :. those damages. However, we will have no duty to (1).•A person artsing out of any "employment defend the Insured against any "suit" seeking related practices";or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this Insurance does not apply. We may, at that person as a consequence of"bodily injury" our discretion, investigate any offenso and settle to that person at whom any "employment- any claim or"suit"that may result.But; related practices"are directed. (1) The amount we will pay for damages is limited This exclusion applies: as described In Section III — Limits Of (1) Whether the insured may be liable as an Insurance;and employer or in any.othor capacity;and (2) our right and duty to defend end when we have Ill , used up the applicable limit of Insurance in the (2) To any obligation to share damages vgih or'* repay someone else who must pajr`dandge's" - payment of judgments or setilemanis under because mebriof.the Injury, d,1.: Coverages A or B or medical expenses under Coverage C. r. Asbestos No other obligation or llabliity to pay sums or. (1) "Bodily injury" or"properly damage" arising out perform acts or services Is covered unless expilohly of the'asbestos hazard", provided for. under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B. coats or expenses that; b. This Insurance applies to'"personal and advertising (a) May be awarded or Incurred by reason of injury" caused by ant offense artsing out of your any claim or suit alleging actual or business.but only if the offense was committed in threatened Injury or damage of any nature or the"coverage territory"during the policy period. HG 00 of o6 os Pages of 18 I 2. Exclusions (2) Slogan,_unless the slogan is also a trademark, This insurance does not apply to; trade name,.servlce mark or other designailon a. Knowing Violation Of Rights Of Another of origin e'r authenticity;or "Persona) and advertising Injury" arising.out of an (3) Title of any literary or artistic work: offense committed by, at the direction or,with the 1• Insureds In., Media And Internet Type consent or acqulescence of the insured with the Businesses expecfatlon of inflicting "personal and advertising "Personal and advertising injury" committed by an injury", insured whose 6usinass is: b• Material Published With Knowledge Of Falsity (1) Advertising, . broadcasting, publishing or °Personal and advertising injury"arising out of oral, telecdsting; . . j written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others;or of its falsity. (3) An Internet search, access, coritent or service c. Material Published PriorTo Policy Period provider. . "Personal and advertising injury' arising out of oral, However, this exclusion does not apply to written or electronic publication of material whose Paragraphs 17.a,, b. and o, of "personal and first publication took place before the beginning of advertising injury"under the Definitions Section. the policy period. For the purposes of this exclusion, placing an d. Criminal Acts "advertisement"for or linking to others on your web "Personal and advertising injury" arising out of a site, by itself, Is not considered the business of criminal act committed by or at the direction of the advertising,broadoasiing,publishing or telecasting, Insured, Ik. Electronic Chateooms Or.Bulletin Boards e. Contractual Liability °Personal and.advertising Injury" arising out of an "Personal and advertising injury" for which the electronic chatroom or bulletin board the Insured insured has assumed liability In a contract or hosts, awns, or over Which the insured exercises , agreement.This excluslon does not appiytoliability control, for damages that the insured would have in the I, Unauthorized Use Of Another's Name Or absence of the contract or agreement, Product f. Breach Of Contract 'Personal and advertising injury"arising out of the 'Personal and advertising injury" arising out of a unauthorized use of another's name or product in breach`of contact, except an 1mpt1ed'contract to use your e-mall address,domain name or metatags, or, another's"advertising Idea"in your"advertisement° any other similar tactics to mislead another's g. Quality Or Performance Of Goods —Failure To potential customers, Conform To Statements m. Pollution Personal and advertising injury arising out Of the "NrIa6riAl and advertising injury•" arising out of the failure of goods, products or services io coni"drrri aGtuaf,'alleged or thlreatened discharge, dispersal, with any statement of quality or performance made -.seepage;:::mlgrafbit, release or ' escape of in your"advertisement", ;ogllytants!.st any t me, h. Wrong Description Of Prices ... rn. Poltufion-Related " "Personal and advertising injury" arising out of the Any loss,cost'or expense arising out of any: wrong description of the price of goods,products or (1) Request; ,49mand, order or statutory or services, regulatory "requiremeni that any insured or i, Infringement Of Intellectual Property Rights. others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, nr in any "Psrsdnal and adverticing injury" arising out Of any way respond to, or assess the effects of, violation of any intellectual property rights such as "pollutants or copyright, patent, trademark, trade name, trade Claim or suit 6 or on behalf of a aI secret, service mark or other designation of origin (2) y 9ovemme Orauthenticity, authority ,or damages because of testing for, However, this exclusion does not apply to monitodng, cleaning up, removing, containing, Infringement,in your"advertisement°, of: trea rg,',detoxlfyrtg or neutralizing, or In any way responding to, or assessing the effects of, 0) Copyright; "pollutants". Page 6 of 18 HG 00 01 06 05 1, o, War (2) The spouse, child, pareni, brother or sister of "Personal and advertising injury", 60we44 caused, _that person as a consequence of."personal and arising,directly or Indirectly,out'of: ' advertising injury"to that person at whom any "employment-relatod practices"are directed, •(1) War,Including undeclared or civic war; ' (2) Warlike actlon by a military force, inoluding This exclusion applies: action In hindering or defending against an (1) Whether the Insured may be liable as an actual or expected attack, by any governmehi, employer or in anyother capacity;and sovereign or other authority .using military (2) To any obligation to share damages with or personnel or otheragents;or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the Injury, or action taken by governmental aWhorRy in v. Asbestos hindering or defending against any ofiliese, (1) "Personal and advertising injury" arising out of P. Internet Adv4 isements And Content Of Others the "asbestos hazard". "Personal and advertising injury"arising out of; (2) Any damages, judgments, settlements, loss, (1) An"advertisement"for others on your web site; costs or expenses that: (2) Placing a link,to a web alia:.of.•others on your (a) May he awarded or incurred by reason of web'site; any claim or suit '*alleging :actual or (3) Content, Including information,,sounds, text, threatened lnjuryor damage of any nature or graphics, or images from a web site of others kind to persons or property which would not have occurred In whole or In pad but far the displayed within a frame or border on.your web site;or "asbestos hazard"; (4) Computer code, software or programming used (b) Arise out"of any request, demand, order or . to enable: statutory or regulatory requirement that any Insured or others last for, monitor, cleanup, (a) Your web site;or remove, encapsulate, contain,treat, detoxify (b) The presentation or functionality of an or neutralize or in any way respond to or "advertisement" or other content on your ' assess the effects of an "asbestos hazard"; web site, or q. Right Of Privacy Created By Statute' (c) Arise out of any claim or suit for damages "Personal and advertising Injury" arising out of the because of testing for, monitoring, cleaning violation of a person's nghi of privacy created by up, removing, encapsulating, containing, any state or federal act, treating, detoxifying or neutralizing or in any However, this exclusion does not apply to liabllit way responding to or assessing the effects for damages that the insured would in the of an ❑a hazard", absence of such state or federal act, COVERAGE C MEDICAL CAL PAYMENT S r. Violation Of Anti-Trust law 1. Insuring Agreement "Personal and advertising injury" arising out of a a. We will pay medical expenses as described below Violation of any anti-trust law, for bodily injury caused by an acoldent: s. securities (1) On premises you own or rent; "Personal and advertising Injury" arising out of the (2) On ways next to promises you own or rant;or fluctuation In price or value of any stacks,bonds or (3) Because of youroperatlons; other securitles, provided that: t, Discrimination Or Hum Illation (1) The accident takes place In the "coverage "Personal and advertising Injury" arising out of terrl}ory"and during the policy period; discrimination or humlltatlon committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officery, director, within three years of the date of the accident; stockholder,partnerormemberbf the Insured,. and u. Em Io ment-Related practices 'Milds'c':i cut,,,. .c:' ... p Y (3) •Thednfured person submits to examination, at "Personal and advertising Injury'to: our expense, by physlclans of our choice as (1) A person arising out of any "employm?nt often as we reasonably require. related practices"or HG n0 07 06 05 Page 7 0116 b. We will make these payments regardless of fault, e. All cosis taxed against th9 insured in the"suit These payments will'not exceed the applicable limit f. Prejudgment interest awarded against the insured of Insurance.We will pay reasonable expenses for: on that part of the judgment we pay. If we make an (1) First aid administered at the lime of an accident; offer to pay the applicable limit of insurance,we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services,including prosthetic devices;and period of time after the offer. (3) Necessary ambulance, hospital, professional g• All Inlerest on the full amount of any judgment That nursing and funeral services, accrues after entry of the judgment and before we 2. Exclusions have.paid, offered to pay, or deposited in court the part of the judgment that Is within the applicable We will not pay expenses for'bodily injury": limit of insurance. a. Any fnsured These payments will not reduce the limits of Insurance. To any Insured,except"volunteer worker's", 2. If we. deferlq ;an insured.against a "suit" and an b. Hired Person indemnitee<of.the. nsured Is also named as:.a party to To a person hired to do work for or on behalf of any the "suit°, we will defend That indemnitee,if all of the insured or a tenant of any insured. followingconditlons are met: a. The.."suit ;ag'ainsbthe i demnitee seeks damages c. Injury On Normally Occupied premises for winch the insured has assumed The'liabhity of To a person injured on that part of,premises you. the indemnitee In a contract cr agreementthatlsan . own or rent that th e p erson normally occupies. ."insured contract'; d. Workers Compensation And Similar Laws b, This insurance applies 10 such liability assumed by To a person, whether or not an "employee" of any the Insured;' insured,if benefits for the "bodily Injury" are payable c. The obligation to defend, orihe cost of the defense or must be provided under a workers' compensation of,that indemnities, has also been assumed by the or disability benefits law or a similar f aw, insured In the same'Insured contract' e. Athletics Activities d. The allegations In the "suit" and the information we To a person Injured while practicing, Instructing or know about the "occurrence" are such that no participating In any physical exercises or games, conflict appears'to exist between the interests of spoils,or athletic contests. the Insured and the interests of the Indemniiee; f. Products-Completed Operations Hazard a. The Indemniiee and the insured ask us to conduct Included within the "producls-completed operations and control the defense of that indemnitee against hazard". such suit and agree that we can assign the same counsel to defend the insured and the indemnitee; g, 'CoverageAExclusions and Excluded under Coverage A. f.. T hs indemnitee: SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees In writing;to: A AND 6 (a) Cooperate' with us in the invee gallon, 7. We wil(pay,with respect to any claim we Ihvesfigate or settlement or defense of the"suit" settle,or any"suit"against an Insured we defend; (b) Immedlaisly send us copies of any a. All expenseswe incur, demands, notices, summonses or legal It. Up to $1,000 for cost of bail bonds required papers received in connection with the "suit"; because of accidents or traffic law violations arlsing (c) Notify any other insurer whose coverage Is out of the use of any vehlcla to which the Bodily available in the Indemniiee;and Injury !Lability Coverage applies. We do not have (o) Cooperate with us .with respect to to fumishthesebonds, coordinating other applicable insurance c. The cost of appeal bonds or bonds to release available to the Indemnitee;and attachments, but only for bond amounts within the (2) Provides us.withwrittern authorization to; applicable limit of insurance. We do not have to furnish these bonds. (a) Obtain records and oilier information related A, All reasonable expenses incurred by The insured at to'the"suit";and our request to assist us In the investigation or (b) Conduct and control the defense of the defense of the claim or "suil", including actual foss Indemniiee In such"suit". of earnings up to $500 a day because of time off So long as the above condglons are met, attorneys'' from work. fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 01 06 05 . necessary litigation expenses incurred by us and However, none of these "employees" or"volunteer necessary litigation expenses incutred by the workers"are insureds for; indemnitee at our. request will he paid as (1) "Bodily injury" or "personal and advertising Supplementary payments. Notwithstanding the injury": provisions of Paragraph 2.b,(2) of Section I — (a) To you,to your partners or members (if you Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be are a partnership or joint venture), to your damages for'bodily injury"and"prdpedy damage"and members (if you are a limited liability company), to a co- e wlll'not reduce the limits of insurance, mployee while In the Our oblf atlon to defend an insured's indemnitee and course of his o her employment or g performing dude's related lated to the conduct of to pay for-attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when; workers" while performing duties related to a. Wo have used up the applicable limit of insurance the conduct of your business; In the payment of judgments or settlements;or (b) To the spouse,child,parent,brother or sfsier b. The conditions set forth above, or the{arms of the of that co-"employee" or that "volunteer agreement described In Paragraph f,above,are no worker" as a consequence of Paragraph longer met, (1)(a)above; , SECTION II—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as: damages with or repay someone else who must pay damages because of the Injury a. An individual, you and your spouse are insureds, described In Paragraphs(1)(a or (b)above;' but only wltb respect to the conduct of a business or Of which you are the sole owner, 'b, A partnership or joint venture, you are an Insured, (d) Arisingoutfe hisorherprovidingerfailingio Your members, your partners, and their spouses, •provide professional health care f vices, If you are not in the business of providing (d)are also Insureds, but only with respect to the professional healthcare services, Paragraph (d) conduct of your business. c. A limited liabilitycompany, you;are an insured,.. does ' not apply to any nurse, emergency medical technician or paramedic employed by Your members are also In byj:only,.with you to'provlde such services. respect to the conduct of your,_15OA6ss,. Your (2) "Propertydamago"toproperty: managers are insureds, but only;Wii17 respect to ',; their duties as your managers, "" (a) Owned,occupled or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited Ilabllfiy company, you are an or over which physical control Is being Insured.Your"executive officers"and directors are exercised for any purpose by Insureds, but only with respect to their dude's as you, any of your "employees", "volunteer Your officers or directors. Your stockholders are workers", any partner or member (If you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders, you area limited liability company), e. A trust, you are an insured. Your trustees are also b. Real Estate Manager Insureds, but only with respect to their duties as ' Any person (other than your "employee" or trustees, „ „ 2. Each of thefo awing Isalsoan Insured; volunteer worker), or any organizatlon while acting as your real estate manager, a. Employees and Volunteer workers c. Temporaiy Custodians of Your Property Your "volunfeer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your property If you die, but your"Employees",other than either,your"executive only; officers" (if you are an organization other than a partnership, joint venture or limited liability (1) With respect to liability adsfng out of the company) or your managers (if you are a limited maintenance or use of that properly;and liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed, duties related to the conduct of your business, d, Legal Representative If You Die Your legal representative If you die, but only with respect to duties as such. That representative will HQ 00 01 06 09 Page 9 of 1B have all your rights and duties under this Coverage 5. Nonowned Watercraft Part, With respect to watercraft you do not own that Is less e. Unnamed Subsidiary than 51 feet long and Is not being used Id carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an Insured while which Is a legally incorporated entity of which you operating such watercraft with your permission. Any own a financial Interest of more than 60% of the other person or organization responsible for the voting stock on the effective dato of the Coverage conduct of such person is also an Insured, but only Part, with respect to liability arising out of the operation of The Insurance afforded herein for any subsidiary the watercraft, and only if no other insurance of any i not named In this Coverage Part as a named kind is available to that person or organization for this insured does not apply to injury or damage with liability, respect to which an Insured under this.Cov2raga However, no person or organization Is an insured with Part Is also an insured under another policy or espect,to would be an Insured under 'such policy but for Its a. "Bodily Injury'I to=4 der-"employee":of the person termination or the exhaustion, of its limits of operatingthewateicra9;or; insurance, b. 'Property damage',to grope say owned by,rented to, 3. Newly Acquired or Formed Organization ; in the charge of or occuFled by you or the employer Any organization you newly acquire or torm,other than of any person who is an insured under this a partnership,joint ventare or limited liability company, provision, and over which you maintain financial interest of more 6. Additional Insureds When Required By Written than 60% of the voting stock, w111 qualify as a Named Contact,Written Agreement Or Permit Insured if there is no other similar insurance available The following person(s) or organlzatlon(s) are an to 1hatorganlzation,However: additional Insured when you have agreed, In a written a. Coverage under this provision is afforded only until contract, written, agreement or because of a permit the 180th day after you acquire or form the issued by a afeto or political subdivision, that such crganNat]on or the and of the policy period, person or. organization be added as an 'additional whichever is earlier; insured on your policy, provided the injury or damage b. Coverage A does not apply to .','bodily Injury' or occurs subsequent to the execution of the contract or "Property damage° that occurred before you agreement. acquired or formed the organization;and A person or organization is an additional Insured under c, Coverage 15 does not apply 10 'personal and this provision only for inat period of time required by advertising injury" adsing out of an offense the contract or agreement. -committed before you acquired or formed the. However, no such person or organization Is an insured organization under this provision If such person or organization is 4, Mobile Equipment Included as an Insured by an endorsement Issued by With respect to "mobile equlptncnt" registered in your us and made a part ofthls Coverage Part, name under any motor vehicle registration law, any a. Vendors Person is an insured while driving such equipment Any persons) or organizadon(s) (referred to below along a public highway with your pernission.Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct o, or"property damage"arising out of "your products" such person Is also an Insured,but only with respect to which are distributed or sold in the regular course liability arising out of the operation of.the equipmenf, of the vendor's business and only if this Coverage and only rf no other insurance of any kind is available Part. provides coverage for 'bodily .injury" or to that person or organization for this]lability.However, "property damage" included within the "products- no person or organization is an Insured with respect to; completed operations hazard". a. "Bodily Injury" to a,co-°employee" of the person (1) 'the insurance afforded the vendor is subject to driving the equipment;or the following additional exclusions; b, "Property damage'to property owned by,rented to, This insurance does not apply to; in the charge of or occupied by you orthe employer (a) "Bodily injury" or "property damage" for Of any 'person who is an insured under this which the vendor Is obligated to pay provision, damages by reason of the assumption of ][ability in a contract or agreement.. This exclusion. does riot apply to liability for danages that the vendor would have In the absence of the contract or agreement; Page 10 of 18 HQ 00 01 0605 (b) Any express warranty unaufhgflzR0y:yPU;::,,% c, Lessors of Land or Premises (a) Any physical or chemical change;;in ,ftii erf': Any person or organization from whom you lease product made Intentionally,bythevendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of Inspeotlon,demonstration, that part of the land or premises leased to you, testing, or the substltutlon of parts under With respect to the Insurance afforded these Instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply; (e) Any failure to make . such inspections, This Insurari'ce does not apply to: adjustmenis,tests or servicing as the vendor 1•; Any "occurrence" which, takes place after you has agreed to make or normally undertakes cease to lesse that land;or to make in the usual course of business, in 2, Structural alterations, .new construction or connection with the distribution or sale of the erf demolition operations performed b products; P P y or on behalf Of such person or organization, (f) Demonstration, Installation, servicing or repair operatlons, except such operations d, At'chitects,Enginaarsorsurveyors ' performed at the vendor's premises.,In Any architect, engineer, or surveyor, but only with connection with the sale ofthe.product; respect to Iiability for."bodily injury", "property (g) Products which, after distribution;or sale by damage" or "personal and advertising injury" you, have been lageled or relabeled or used caused, in whole or in part by your acts or as a container, pad or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the onyourbehalf; vendor;or (1) in connection with your premises;or (h),"Bodily injury" or "property damage" arising (2) fn the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf. Its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on lie additional insureds, the following additional behalf. However, this exclusion does not exclusion.applies: apply to: exceptions contained In Sub- This insurance does not apply to "bodily injuryg The exce {•) P� "properly damage" or "personal and advertising paragraphs(d)or.(f);or Injury',' arising out of the rendering of or the failure ;(it) Such inspections, adjustments, tests or to render any professional services by or for you, servicing' as the vendor has agreed to including; make or normally undertakers to make in 1. The preparing, approving, or falling to prepare the usual course of buslness, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products, drawings and specifications;or (2) This Insurance does not apply to.any insured 2. Supervisory, Inspection, architectural or person or organization, from whoa; you have engineering activities, acquired such products, or any Ingredient, part e, permits Issued By State Or political or container, entering into, accompanying or subdivisions containing such products• b, Lessorsof Equipment Any state or political subdivision, but only with respect to operations performed by you or on your (1) Any person or.organization from whom you behalf for which fho slate or political subdivision lease equipment; but only with respect to their has Issued a permit. Ifabllity for "bodily Injury", "property,damage" or With respect to the insurance afforded these' 'personal and advertising Injury" caused, In additional insureds, this insurance does not apply whole or in part, by your maintenance,operation or use of equipment leased to you by.such to; person or organization. (1) "Bodily Injury", "properly damage" or "personal (2) With respect to the insurance afforded to these and advertising injury" arising out of operations additional insureds this Insurance' does not performedfor the stale ormunfcfpality;or apply to any "occurrence" which takes place (2) "Bodily injury" or "property damage" included after the equipment lease expires, within the "preducta-completed operations hazard', HG 00 01 06 05 Page 11 of 18 I f. Any Other Party b. Persons or organizations making claims or bringing Any other person or organization who is not an 11suits1% insured under Paragraphs a,through e, above, but 2. General Aggregate Limit only with respect to liability for 'bodily injury", The General Aggregate Limit is the most we will pay property damage" or 'personal and advertising for the sum of; Injury" caused, in whole or In'parl; by your acts or a. Medical expenses under Coverage C; omissions or the acts or omissions of those acting on your behalf: b, Damages under'.Coverage A, except damages (1) In theperformanoaofyeurongoingaperations; because of "bodily Injury" or "property damage" 2 In connection with our included, ih.,the;"produbfs-completed. operations O y premises owned by or haaar,'d",;,and;; rented to you;or 3 In connection with " o, Damages.Ondaripoverags B. O your work'Wand includedJ within the "products-complcted. -operation$:_ 3, Prod3WE=C'o'mplefgd/Operatio'nsAggregateLimit hazard", but only if The.Products-68" 9'dfe&Opbratfoh's Aggregate. Limit (a) The written contract or.agreem6m requires is the mostwe will pat:under.Cove rage Afor'damages you to provide such ceJerage to such because of "bodilyofhjbry" and "properly damage" additional insured•and included in the products-completed operations (b) This Coverage Part provides coverage for hazard". "bodilyinjury"or"properly damage" included 4• Personal and Advertising injury Limit within the "products-completed operations Subject to 2. above, the Personal and Advertising hazard", Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal additional insureds, this Insurance does not apply and advertising injury sustained by any one person or to, organization, "Bodily injury", "properly damage" or"personal and 5, Each occurrence Limit advertising injury"arising out of the rendering of, or Subject to 2, or 3.above, whichever applies,the Each the failure to render,any professional archltecfural, Occurrence Limit is the most we will pay for the sum engineering or surveying services,rnofuding: of: (t) The preparing, approving, or failing to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, It. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and 'property damage" drawings and specifications;or because out any ode"occurrence", (2) ',Supervisory, Inspection, arohitectural or arisin6. Damage To Promises Rented To You Lim it. engineering activities, _ _ Subject to 5, aboveJhe,Damage To Premises Rented I he limlts of Insurance that apply 16 addiilonal insureds To You Limit is the moss we will pay under Coverage A under this provision Is described In Section III—.Llmlls_ for damages because of"prdparly damage'to any one Of Insurance, premises; while rented to you, or In the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, while rented to available to ihe.additlonal insured Is described In the you or temporarily occupied by you with permission of Other Insurance Com:lhlon In Section IV—Commercial the owner, General Liability Conditions, In the case of damage by fire, lightning or explosion, No persoh or organization is an insured with respectio the the Damage to Premises Rented To You Limit applies conduct of any durrentor past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations, explosion combination of these. SECTIONIIi—LIMITSOFINSURANCE p y 1. The Most We will Pay 7. Medical Expense Limit Subject to S. above, the Medical Expense Limit Is the The Limits of Insurance shown in the Declarations and . most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily Injury' sustained by any the number of; one person. a. Insureds; a. Now Limits Apply To Additional Insureds b. Claims made or"sults"brought;or If you have agreed In a written contract or written agreement that another person or organization be Page 12 of to HQ 00 01 06 05 i added as an additional Insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured le settlement of the claim or defense against the the lesser of., "suit';and , a, The limits of insurance specified in the written (4) Assist us,upon our request,in the enforcement of contract or written agreement;or any right against any person or organization which b. The'Urnits of insurance shown in the Declarations. may be llable to the Insured because of injury or such amount shall 6e a part of and not in addition to damage to which this insurance may also apply. d. ObligatiansAt The Insureds Own Cost Limits of insurance shown in the Declarations and described Inthle Section, No insured will, except at that Insured's own coal, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation,or incur any expense,other than for first remaining period of less than 12 months, starting wish the aid,without our consent, beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period Is extended after Issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 12 months, In that case,the part that may also be covered by other Insurance. additional period.wl0 he deemed part of the last preceding available to an addltlonal insured, such additional perlodfor purposes of determining the.Llmltso..flnsurance, Insured must submit spch claim' or "suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity. CONDITIONS However, this provlsion does not apply to the 1. 1ankruptcy extent that you have,agreed Ina written contract or Bankruptcy or,.1hsolvency of the.Q%r'r' `q''of the written'agreem ent;that this Insurance Is primary insured's estate wilb:not relieve us of our obligaiions and non-contributory with the additional Insured's under this Coverage Part, own insurance, 2. Duties In The Event Of Occurrence, Offense,Claim f. Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suif a, Notice Of OcaurmrsaI Or Offense Paragraphs a. and b. apply to you or to any . You or any addltlonal Insured must see to It chat we additional Insured only when such "occurrence",offense,elalm or"suit"is known to; are notified as soon as .practicable of an "occurrence' or an offense which may, result In a (1) You or any additional insured that is an claim.To the extent possible,notice should fncludo; individual; (1) How, when and where the "occurrence" or (2) Any partner, If you or an additional insured Is a .offense took place; partnership; '(2) The names and addresses of any injured (3) Any manager,If you or an additional insured Is a persons and wlinesses;,and limiled liability company; (3) The nature and location of any injury or damage (4) Any"executive officer"or Insurance manager, if arising out of the "occurrence"or offense, you or an additional insured Is a corporatlon; b. Notice Of Claim (5) Any trustee, If you or an additional insured Is a If a claim Is made or "sult" is b'rodght against arty ` „er., ., .trust;or „ insured, you or any additional insured r6vst;. (6) Any;elected;or„appointed official, if you or an (i) Immediately recordihe,`specif ,'df;';.h'gr'aal}riod^� `=0' ''' •aabllodit!oentltlnsured'is apolitical subdivision or "suit"and the data roce'Iveti;aria '' ' ' "'"` "'a`i I' n,.ie P y, This duty appl�s sepa ately'to you and any additional (2) Notify us as soon as practicable, ,_ �,i ir=e„r ,_._'..• ...,insured. You or any additional Insured must see to It that we g. Le al Action Against t1s': receive written notice of the claim or"suit" as peon g Eta practicable, No person or organization has a right under this c. Assistance And Cooperation Of The Insured Coverage Part; You and an other Involved insured must:' a. To join we as a party'or otherwise bring us into a y suit asking for damages from an insured;or (1) Immediately send us copies of any demands, b, To sue us on this Coverage Part unless all of Its notices, summonses or legal papers received In terms have been fully complied with, connection with the claim or"suit";. t A person or organization may sue us to recover on an (2) Authorize us to obtain records and other agreed settlement or on a final judgment against an information; insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG oo o1 oB o5 Page 13 of 18 that are in excess of the applicable limit of Insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative, insuredr' 4. Otherinsurance Hmw,pr;the following pfo+tlslons apply10 other: If other valid and collectible Insurance is.avallabis to insurance available. to any. ' person or the insured for a loss we cover.under Coverages A or organ)zatlon who is an additional insured under B of this Coverage Part, our obligations.are limited as this coverage part, follows; (a) primary Insurance When Required By a. Primary Insurance Contract; This insurance is primary except when b. below olThis insurance is primary if you have agreed applies. If other insurance is also primary, we will �-i in:a wriitop contractor written agreement share with all that other insurance by the method tfrat ^#his jinsurance be 'primary, If other described Inc.below, insurance is also primary,we will share with b. Excess Insurance all that other insurance by the method This Insurance Is excess over any of the other described in c.below. Insurance, whether primary, excess,•contingent or (b) Primary And Nan-Contributory To Other on any othor basls; Insurance When Required By Contract (1) Your Work If you have agreed In a written contract, j That is Fire,Extended Coverage,Builder's Risk, wriiten agreement, or permit that this Insurance is primary and non-contributory Installation Risk or similar coveraga for "your with the additional insured's own insurance, work"; I this insurance is primary and we will not (2) Premises Rerited To You seek cenirlb0on from that other Insurance, Thai is fire, lightning or explosion Insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied Insurance to which the additional Insured has byyou with permission ofthe owner, been added as an additional insured. (3) Tenant;Liability When this insurance is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "property damage' against any"suit°if any other Insurar has a duty to to premises rented to you or temporarily I defend the Insured against that "suit"; If no other occupied by you with permission of the owner; insurer defends,we will undertake to do so, but we (�) Aircraft,AutaOrWatercra'Ft will be entitled In the insureds rights against all those other insurers. If the loss arises out of the maintenance or use When this insurance. Is excess over other of aircraft, "autos"or watercraft to tho extent not Insurance,we will a onf our share of the amount subject to Exclusion of Section I —Coverage p Y, Y i g• g of the loss,if any,that exceeds the sum of... A—Bodily Injury-And Property Damage Liability; (5) Property Damageto Borrowed Equipment Or (1) The total amount that sInthe bser insurance Use Of Elevators would,pay for the lass In the absence of this insurance;and If the loss arises out of 'property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all that otherinsurance. the extent not subject to Excluslonj. of Section l Coverage A - Bodily Injury And Property We will share the remaining loss, If any, with any Damage Liability; other insurance that Is not described in this Excess (G) When You Are Added As An Additional Insurance provision and was not bought specifically Insured To D er Insurance to apply in excess of the Limits of Insurance shown In the Declarations of this Coverage Part, Any other insurance available 'to you covering c. Method Of Sharing ' liability for damages arising out of the premises or operations, or products and completed e all of the other insurance permits method also. Under by operations, for which you have been added as equal shares,we each foflow thisinsurer method also. Under an additlonai insured by that insurance;or this approach each insurer cp applicable equal amounts until it has paid its applicable limit of ' insurance or none of ihs loss remains, whichever comes first. Page 14 of 18 FIG 00 0106 05 • I i r If any of the other insurance'does not permit insured will bring"suit'or transfer those rights to us contribution by equal shares, we will confiribule-by and help us enforcethem, limits. Under this method, each Insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogatlon) Inaurance to the total applicable limits of Insurance If the Insured has waived any rights of recovery of all Insurers, against any person or organization for all or part of S. premium Audit arty payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Pars, we also Part In accordance with our rules and rates, waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or Premium Is a deposit premium only,At the close of organization In a contract,agreement or permit that each audit period, we will compute the earned was executed prlorio the Injury or damago. premium for.that period and send notice to the first 9, When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective prernlums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill, If the sum of ih2'advande and Declarations written notice of the nonrenewal not less audit premiums paid for the pollcy psribd.Is greater than So days before the expiration date; than the earned premium, we will return the excess If notice is mailed, proof of mailing will be sufficient to the first Named Insured, proof of notice, will. c, The first Named-insured must keep records of the SECTION V-DEFINITIONS '.. information we need for pramkum'computation,and send us copies at such times as we may request. 1. "Advertisement" means the widespread public 6. Representations dissemination of Information or images that has the purpose of inducing the sale of goods, products or a, When You AcceptThis Policy services through; By-accepting this policy,you agree: a. (1) Radio; (7) The statements In the Declarations are accurate (2) Television; and complete; 1 (3) Billboard; (2) Those statements are based upon (4) Magazine; representations you made to us;'and (a) We have issuedihls policy in reliance upon your (5) Newspaper;or representations, b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards publicdlsiributlon, If unintentionally you should fall -to disclose all However, "advertisement'does not Include: hazards relating to the conduct of your business a. The design, printed_material, Information or fmages that exist at the Inception date of this Coverage conialned In, on or upon the packaging or labeling Part, we shall, not deny coverage under this of any goods or products;or Coverage Part because ofsuch failure. b. An interactive conversation between or among 7. Separation of Insureds persons through a computer network. Except with respect to the Limits ofinsuranos,and any 2. "Advertising idea" means any Idea for an rights or duties specifically assigned In this Coverage "advertisement", Part to the first Named Insured,this Insurance applies; 3, "Asbestos hazard" rAan's an exposure or threat of a. As if each Named Insured were this-only Named% exposure to the abtual or alleged properties of Insured;and asbestos and Includes the mere presence of asbestos b, Separately to each insured against whom claim is In any form. m onto or"suit'is brought. 4, "Auto" in oar 18a land motor vehicle,irailerorsemitrailer D. Transfer Of Rights Of Recovery Agafn$t Others To designed for travel on public roads, including any attached machinery or equipment, But 'auto"does not Us include"mobile equipment". a. —ire nsfer of Rights Of Recovery S. "Bodily injury"means physical: payment,Insured has rights to recover all or part of any, a. Injury; payment, Including Supplementary Payments, we have made under this Coverage Part, those rights b. Sickness;or are transferred to us.The.Insured must do nothing c. Disease after loss to Impair them. At our request, the sustained by a person and, If arising out of the above, marital anguish or death at anytime, HQ 00 01 06 05, Page 15 of 1B i I 6. "Coverage territory"means: . rented to you or temporarily occupied by you with a. The Untied States of America (including Its territories . permission of the owner Is subject 10 the Damage and possessions),Puerto Rico and Canada; to Premises Rented To You Limit described in Section Ill—Umiis of Insurance; b, international waters or airspace,pors ec but•on.ly.if the b, Asidetrack a reement; injury or damage occurs in the coue of travel or g transportation between any places included in a. c. Any easernenf'orlicense agreement, including an above;or easement or,llcensd,agreement In connection with c, All other parts of the world if the injury or.damage construction or demolition operations on or within arises out of: 60 feel of_etretire " (i) Goods or products made or sold by you in the d. An obligation„ as required by ordinance, to territory described In a,above; Indemnify a municipality, except In connection with (2) The activities of a person whose home is in tilework for a municipality; ' -territory described In a.above, but is away for a e. An elevelotmainlenance agreement; short time on your business;or f. That 'part of any other contract or agreement. (3) "Personal and advertising injury' offenses that pertalning to your business (including an lake place through the Internet or similar Indemnification of a municipality In connection with electronic means of communication work performed for a municipality) under which you assume the tort liability of another parry to pay for provided the Insured's responsibility to pay damages Is "bodily injury" or "property damage' to a'third determined in the United Slates of America(Including Its person or organization, provided the "bodily irqury" ferritodes and possessions), Puerto Rico or Canada,In a or"property damage"is caused,In whole or In part, "suit" oh the merits according to the substantive law in by you or by these acting on your,behalf. Tort such territory or in a settlement we agree to, liability means a liability!hat would be lmposed by 7. "Employee" Includes a "leased worker". "Employee" law in the absence cfany contract oragreement. does not Include a"temporary worker". ,Paragraph f, includes that part of any contract or S. "Employment-Related Practices"means: agreement that indemnifies a railroad for "bodily a. Refusal to employ a person; Injury" or "property damage" arising out of b. Termination ofaperson's employment;or construction ordemolNon operations,wlthln 6ofeel of any railroad property and affecting any railroad c. Employment-related practices, policies,' acts or bridge or trestle, tracks, road-beds, funnel, omissions,such as coercion,demotion, evaluation, underpass or crossing. reassignment, discipline, defamation, harassman1, However, Paragraph I. does not include that part of humiliation or discrimination directed at a person• any.contract or agreement: 0. "executive officer"means a person holding any of the (1) That hcemnRes an architect, engineer or officer positions created by your charter, constitution, surveyorforinjuryordamagearlsingcutoi by-laws or any other similar governing documerrh 10."Hostile fire"means one whlch becomes uncontrollable {a} Preparing, approving, orfailing to prepara or or breaks out from whets it was intended to be, approve, maps, shop drawings, opinions,reports, surveys, field orders, change orders 11."Impaired property" means tangible property, other or drawings and spscrfications;or than "your product"or"your work",that cannot be used (b) Giving directions orinstruciiens, or falling to or Is less useful because: give them,;if that,Is the primary cause of the. a. It incorporates"your product" or"your work"that Is injury or damage;or known or thought to be defective, deficlenl (2) Under whh t ich'e Insured, if an architect, engineer Inadequate or dangerous;or or surveyor, assumes liability for an injury or b. You have failed to fuMII the terms of a contract or damage arising out of the Insureds rendering or agroemem; failure to render professional services, Including if such property can be restored to use by: those listed in (1) above and supervisory, a. The repair, replacement, adjustment or removal of Inspection,archlfecturai or engineering activities, 'Your product"or"your work";or 13."Leased worker" means a person leased to you by a b. Yourfulfilling the terms of the conlractoragreement. labor leasing firm under an agreement between you and the labor leasing firm;to perform duties related to 12."Insured contract"means: the conduct of your business. "Leased worker" does a. A contract for a lease of premises. However, that not Include a Urnporaryworker", Portion of the contract for a lease of premises that 14."Loading or unldadtrig"means the handling of property: Indemnifies any person or organization for damage. by fire, lightning or explosion to premises while a. After It Is moyedfforri the lace Where ii Is Roo e' ed for movement'Into or onto an alrcraft, waterAft..dr Page 16 of le HC 00 01 09 05 l b. While it is in or on an aircraft, watercraft or"auto"; 16."Cccurrence"means an accident, including continuous or orrepeated exposure to substantially the same general c. While it Is being moved from an aircraft, watercraft harmful conditions. or"auto"to the place where It Is finally delivered; 17."Personal and advertising injury" means Injury, but "loading or unloading" does not include the Including consequential "bodily injury", arising out of movement of property by means of a mechanical one or more of the following offenses; device, other than a hand truck, that is not attached to a. False arrest,detentlon or imprisonment; the a(roraft,watercrafit or"auto b. Malicious prosecution; 15."Mobile.equipment" means any of the following types o. The wrongful eviction from, wrongful entry Into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment: dwelling or premises that a person occupies, a. Bulldozers, farm machinery, forklifts and other cotrimitted by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor; roads; d. oral, written or electronio publication of material b. Vehicles maintained for use solely on or next 1e that slanders or libels a person or organization or promises youown or rent; disparages a personas or organization's goods, c. Vehiclesthatiravel on crawler treads; ` . products or sorvfcos; d. Vehlcles,whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide' mobility to permanently that violates a persons.right of prfvacy; mounted: 1. Copying, in ydur "advertisement", a person's or {1) Power cranes, shovels loadm, diggers or organ(zatlon's advertising idea" or style of advertisement,,. dvc tlsement; drills;or (2) Road construction or resurfacing equipment g Infr(ngement of copyright, slogan, or title of any such as graders,scrapers drrollers- literary or artistic work,In your"advertisement";or e. Vehicles not described in a., b, c, or d, above that ft, Discrimination or humiliation that results in Injury to are not self-propelled and are maintalned primarily the feelings or reputation of a natural person, to provide mobility .to permanently attached 18."Pollutants"mean any solid, liquid, gaseous or thermal l equipment of the following types: irritant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste, Waste including spraying, welding, building Gleaning, includes materials to be recycled, reconditioned or geophysical exploratfon, . lighting and well reclaimed. .servicing equipment;or 19."ProduCta-completed operations hazard"; (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "properly damage'! or lower workers; occurring away from premises you own or rent and f. Vehicles not described In a., b., c. or d, above arising out of"your product"or"your work" except: maintained primarily for purposes,other than the (1) Products that are still in your physical transportation of persons or cargo, possession; or However, self-propelled vehicles with the following (2) Work that has not yet been completed or Types of permanently attached equipment are not abandoned, However, "your work" will be "moblie equipment":but will be considered"autos"; deemed completed at the earliest of the (1) Equlpmad, of at least 1,000 pounds gross followingtimes; ' vehicle weight,designedprimarilyfdr; (a) When all of, the work called for in your (a) Snow removal; contract has been completed, (b) Road maintenance, but not construction or (b) When all of the wont to be done at the job resurfacing;or site has been completed if your contract (c) street,cleaning; calls for work at more than one job site. 2 pickers and similar devices mounted on (c) When that part of the work done at a job site ( ) Cherry p has been put to Its intondpd use by any automobile or truck chassis and used to raise or person or organization other than another fewer workers;and contractor or subcontractor working on the (3) Air compressors; pumps and generators, same project, Including spraying, welding, building cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servioing equipment. otherwise complete, will be treated as completed. HG 00 Of 06 05 Page 17 of 19 b. Does not Include °bodily Injury" or ."properly 22."Temporary worker" means a person who is damage"arising out o;—, furnished to you to substitute for a permanent (1) The transportation of property, unless the "empldyae" on-leave or to meet seasonal or short- Injury 1 ordamagearisesoutofaconditioninor term workloadconditlons. on a vehicle not owned or operated by you, 23.°VoluniserworklO.means A person who and that condition was created bytha"loading a, Is Hoff your.°e ployee"; or unloading"of thai vehicle by any Insured; (2) The existence of tools, uninsial!ed.equipment b,,Do"nates his or her work; or abandoned or unused niafetlals;or c, Acis at,the direction of and within the scope of (3) Products or operatlons' ,for which '.the duffles delermined by you and.. . . cfassiffcat!on, listed In the Declarations or in a d. Is not paid,a feb,,;saiary.orrother compensatlon by policy schedule," slates that - products- you or anyab;e{sa.for their work performed for completed operations are subject to the you, General Aggregate Limit, 24."Your product"; 20."Property,damage,,means: a. Means; a. Physical injury to tangible property, including all (1) Any goods or products, other than real resulting lass of use of that property,All such loss property, manufactured, sold, handled, Of use shall be deemed to occur al the time of the distributed or disposed of by; Physical Injury that caused it;or • (a) You;. _ _ .. .... b. Loss of use of tangible"property that is_poi Physically injured. All such loss of use shall be (b) Others trading under your name;or deemed to occur at the time of the "occurrence" (0) A person or organization whose business that caused it, or assets you have acquired;and As used in this definition, computerized or (2) Containers (other.ihan vehicles), materials, eleotron!caly stored data, programs or software are parts or eoulpment furnished in connection not tangible property, 'Electro'nic .data means with sucbgoodsorproducts, . Information,facts or programs: b. Includes '. a, Scored as or on; - (1) Wa ra.n.tlensor.represeniations mad@ at any t b. Created or used on;or tim.e',:wi i:,respent l.io..Y(e fitness, quality, c. Transmitted to or from; d..alzl�lt it,`:Momlance or. use of "your computer software, . including )systems and pfoduc}'xaQ, ' appllcatlons software, hard or floppy disks, CD- (2) The providing of orfallurs to provids warnings ROMS, tapas, drives, cells, data processing devices or instructions: or any other media which are used with elootrontcaliy' c, Does not Include vending machines or other controlled equipment properly rented to'or located for the use of o':hers " 2V'Suit" means a civil proceeding In which damages but not sold. because of "bodlly injury", °property damage" or 25•"Your work": 'Personal and advertising Injury" to which this a, Means; Insurance applies are alleged, "Suit"includes; (1) Work or operations performed by you or on a. An arbitration proceeding In which such damages your behalf;and are claimed and io which the insured must submit ordoes submit with our consent;or (2) Materials, parts or equipment furnished In b, Any other: alternaiiva dispute resolution conneeilonwlth such work oroperations, proceeding In which such damages are claimed b• Includes and to which the Insured submits with our (1) Warranties or representations made at any consent, time with respect to 'tile flt4e6s, quality, durability, penomnance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. i Page is of 18 HG0001 0605 ,