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HomeMy WebLinkAboutPW15-134 - Amendment - #2 - Landau Associates, Inc. - 72nd Ave S Extension - 02/26/2016 ZIA r r tr'. KENT Document� W A9HIN�TON t�k P x E� �p ra 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: Landau Associates, Inc. Vendor Number: JD Edwards Number Contract Number: `p '" �) This is assigned by City Clerk's Office Project Name: 72rd Ave. S. Extension Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 2/26/16 Termination Date: 7/1/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Contract Amount: Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Continue to provide services for the design phase of the project. As of: 08/27/14 W�0;�i Tr AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Landau Associates, Inc. CONTRACT NAME & PROJECT NUMBER: 72"d Ave. S. Extension ORIGINAL AGREEMENT DATE: April 9, 2015 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 Consultant is needed on the design phase of the project until construction contract is executed. 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, $100,650.00 including applicable WSST Net Change by Previous Amendments $6,008.00 including applicable WSST Current Contract Amount $106,658.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $106,658.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/15 (insert date) Revised Time for Completion under 2/29/16 prior Amendments (insert date) Add'I Days Required (f) for this 123 calendar days Amendment Revised Time for Completion 7/1/16 (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: CIIF KENT: J By; By: (signature); ` ( ignature) Print Name: Print Name: imothy J. LaPorte, P.E. Its Its Public Works Director (title) �_ (titl�� DATE: DATE: %7%Gs APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Landau Assonl[es-72i°2 Amd 2/LanghU14 AMENDMENT - 2 OF 2 i AC®® CERTIFICATE OF LIABILITY INSURANCE DATE(M NDO YYYY) 12/18/2015 VIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ATIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAA,T CT CertificateDef2artment- SerVCo Pacific Insurance - PHONE FAX 1100 Dexter Ave. N. AIc No E.ry:206_216-4830 arc No: - 60-2903 Ste 220 E-MAILo sS:certde_t@serv_copacifie.com Seattle WA 98109 INSURER(S)AFFORDING COVERAGE NATO H wsuflEflA:RLI In Orance company 056 INSURED LANDASS-02- INSURER B:Lloyd's of London Landau Associates, Inc. INSURER C: 130 2nd Avenue South INSURER D: _ Edmonds WA 98020 --- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:229478400 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OFINSURANCE 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 ADDL BURR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVO POLICY NUMBER MMIDDNYYY MM/DDMYY LIMITS A GENERAL LIABILITY PSB0005053 12/31/2015 12/31/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PAMAGE To—RENTED EMSES Be occurrrence___ $1.000,000 CLAIMS-MADE X OCCUR MED EXP An one person) $10,000 PERSONAL&ADV INJURY $Included GENERALAGGREGATE_ $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: -. IPRODUCTS-COMP/OP ASS $2,000,000 j POLICY X PRO- TOO $ h AUTOMOBILE LIABILITY PSA0001952 12/31/2015 12/31/2016 �UMHiNEaacciI,U 1,000,000 X ANYAUTO BOD ILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS __ Q NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Psraceldent $ A X UMBRELLA LIAR 1X IOCCUR PSE0002240 12/31/2015 12/31/2016 EACH OCCURRENCE $5,D00,000 EXCESS LIAB fl CLAIMS-MADE AGGREGATE $5,000,000 DEO I I RETENTION$ $ A WORKERS COMPENSATION PSW0002924 12/31/2015 12/31/2016 X TWO STATU- X oTH- USL&H AND EMPLOYERS'LIABILITY Y/N —. ANY PROPRIETORIPARTNERIEXECUTIVE❑ NIA E.L.EACH ACCIDENT $1,000,000 OFFICEWMEMBER EXCLUDED? - -- I(MandatoryinNH) E.L.DISEASE-EA EMPLOYEE $1,000,000 - If yyes,describe under —'-- DESCRIPTIONOFOPERATIONSbeiow E.L.DISEASE-POLICY LIMIT $1,000000 B Professional Liability W73431150301 12/31/2016 12/31/2016 Per Claim $5,000,000 Inc.Pollution Liabiity Aggregate $5,000,000 Deductible $125,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Atlaoh ACORD 101,Additional Remarks Schedule,if more space is required) Re:LAI project#334002, Geotechnical and environmental support services-72nd Avenue South Extension project. City of Kent,is included as an Additional insured on General Liability,Automobile Liability policies per the attached endorsements and Umbrella Liability policy. General Liability and Umbrella Liability policies are Primary and Non-Contributory.waiver of Subrogation applies to General Liability, Automobile Liability, Umbrella Liability and Professional Liability policies. l I CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent, Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Nancy Yoshitakez 220 Fiurth Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 @ 1986-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Policy Number: DS.AO001952 RLI Insurance Company Named Insured: Landau Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RI_IPacko BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible 1. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition—Mental Anguish 7. Airbag Coverage P. Amended Insured Contract Definition—Railroad Easement Q. Coverage Extensions--Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 Page 1 of 5 This endorsement modifies Insurance provided under the following; BUSINESS AUTO COVERAGE FARM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION II -- out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or graph A.1.Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Antos during the policy period, provided you own fifty 1. The following is added to the SECTION II — percent(50%)or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity Is not separately insured for Bus- Paragraph A.I.Who Is An Insured Provislon: iness Auto Coverage, Coverage Is extended up to a maximum of one hundred eighty (180) days An "employee" of yours is an "Insured' whits following the acquisition or formation of the business operating an "auto" hired or rented under a entity. contract or agreement in that 'employee's" name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business, organization for which coverage is excluded by endorsement. 2. Changes In General Conditions: B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision; b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered Any "employee" of yours is an "insured" while using "autos"you awn: a covered "auto" you don't own, hire or borrow in {1) Any covered "auto" you lease, hire, rent your business or your personal affairs. or barrow; and Blanket Additional Insured (2) Any covered "auto" hired or rented by The fallowing is added to the SECTION II — your"employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1. Who Is An Insured Provision; permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage However, any "auto" that is leased, form in a contract or agreement that is executed by hired, rented or borrowed with a driver is you before the "bodily injury' or "property damage" not a covered "auto". occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY only e the extent that person or organization COVERAGE, Exclusion B.S, does not apply If you qualifies as an "insured" under the Who Is An have. workers compensation insurance in-force COVERED provision LIABILITY in SECTION fl — coverng all of your employees. COVERED AUTOS LIABILITY COVERAGE, The insurance provided to the additional Insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION fit — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following; that is executed by you before the "bodily injury" or III the event of a total "loss" to a covered "auto" "property damage"occurs. shown in the Schedule of Declarations, we will pay D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a covered"auto", less: The following is added O the SECTION Conditions,— BUST- 1. The amount paid under the PHYSICAL 5. Tr AUTO CONDITIONS, A. Lass ryAgait DAMAGE COVERAGE section of the policy; 5. Transfer Of Rights Of Recovery Against Others To Us: and We waive any right of recovery we may have against 2" Any: any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the"loss"; PPA 300 03 13 Page 2 of 5 b. Financial penalties imposed under a [ease (2) An adjustment for depreciation and physical for excesslve use, abnormal wear and Lear condition will be made in the event of a total or high mileage. "foss". c. Security deposits not returned by the lessor; (3) If a repair or replacement results in better d. Costs for extended warranties, C,edit Life than like kind or quality, we will not pay for Insurance, health, Accident or Disability the betterment. Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical and Damage deductible applicable to any owned e. Carry-over balances from previous loans or auto will appry. leases. (5) This Coverage Extension wbl not apply to: H. Glass Repair—Waiver Of Deductible (a) Any "auto" that is hired, rented or SECTION III — PHYSICAL DAMAGE COVERAGE, borrowed with a driver;or D. Deductible is amended byadding the following: (b) Any "auto" that is hired, rented or No deductible for a covered "auto" will apply to glass borrowed from your"employee". damage if the glass is repaired rather than replaced. K. Hired Auto Physical Damage—Loss Of Use I. Personal Effects Coverage The following is added to SECTION II — COVERED The following Is added to SECTION III—PHYSICAL AUTOS LIABILITY COVERAGE, A.2. Coverage DAMAGE COVERAGE, A. Coverage,4, Coverage Extensions: Extensions: e, We will pay sums which you legally most pay to e. Personal Effects Coverage the lessor of a covered "auto" which you have ;eased without a driver for thirty(30) days or less In the event of a total theft loss of your covered for the lessor's loss of use of the covered "auto", "auto" we will pay up to S400 for "loss" to provided: wearing apparel and other personal effects (1) This insurance provides comprehensive, which are: specified causes of loss or collision covered (1) Owned by an "insured"; and on the covered "auto"; (2) in or on your covered "auto"; (2) The loss of use results from the covered No deductible applies to personal Effects "auto" being damaged in an "accdent" while you are leasing it. Coverage. J. Hired Auto Physical Damage Coverage We will pay up to a maximum limit of$1,500 for this covered extension. The following Is added to SECTION III— PHYSICAL L. Hired Car—Worldwide Coverage DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: The following is added to SECTION II — COVERED d AUTOS LIABILITY COVERAGE, A.2. Coverage . Hired Auto Physical Damage Leverage Extensions: If hired "autos" are covered "autos" for Liability f„ Hired Car—Worldwide Coverage Coverage and this policy also provides Physical Damage Coverage for an owned"auto",then the (1) We will pay all sums an "insured" legally Physical Damage Coverage Is extended to must pay as damages because of "bodily "autos" that you hire, rent or borrow subject to injury" or "property damage" to which this the following: insurance applies, caused by an "accident" which occurs outside of the United States of (1) The most we will pay for "loss' in any one America, the territories and '"accident" to a hired, rented or borrowed possessions at "auto" is the lesser of: the United States of America, Puerto Rico and Canada resulting from the maintenance, (a) $60,000 _ or use of any covered "auto" of the private (b) The actual cash value of the damaged passenger type you lease, hare, rent or or stolen property as of the time of the borrow without a driver for thirty(30)days or ess. "loss"; or (c) The cost of repairing or replacing the (2) With respect to any claim made or "suit" damaged or stolen property with other instituted outside the United States of property of like kind and quality. America, ;ire territories andd possessions or the United States of America; Puerto Rico, and Canada: PPA 300 03 13 Page 3 of 5 (a) You shall undertake the investigation, M. Temporary Transportation Expenses settlement and defense of such claims SECTION III — PHYSICAL DAMAGE COVERAGE, and "suits" and keep us advised of all A.4. Coverage Extensions, subparagraph a. proceedings and actions. Transportation Expenses is deleted and replaced (b) You will not make any settlement by the following: Without our consent. a, Transportation Expenses (c) We will reimburse you: (1) We will pay up to a maximum of $1,500 for (1) For the amount of damages be- temporary transportation expense incurred cause of liability imposed upon you by you because of Physical Damage to a by law on account of "bodily injury" covered`auto". or "property damage" to which this insurance applies, and (2) We will pay only for those covered "autos" for which you cagy Comprehensive, Coili- (11) For all reasonable expenses sion or Specified Case of Loss Coverage, incurred with our consent in connection with the investigation, (3) We will pay only for those expenses Incurred settlement or defense of such by you during the period of time that begins claims or"suits". Reimbursement for twenty-four (24) hours after the covered expenses will be part of the Limit of "loss" and ends at the time when the insurance for liability coverage covered "auto" can be reasonable repaired shown in the Business Auto or replaced_ Coverage Declarations, and not In addition to such limits. (4) This coverage does not apply while there are spare or reserve "autos" available to you (3) The limit of Insurance for Liability Coverage for your operations. shown in the Business Auto Coverage Declarations is the most we will reimburse N. Amended Bodily Injury Definition -- Mental you for the sum of all damages imposed on Anguish you, as set forth in paragraph 2.c. above, The following is added to SECTION V and all expenses incurred by you arising out DEFINITIONS, Definition C.: of any single "accident"or"loss". (4) You must maintain the greater of the follow- "Bodily injury" also includes mental anguish, but only when the mental anguish arises from other bodily ing primary auto liability insurance limits: ln;ury, sickness of disease. (a) Compulsory admitted insurance with O. Airbag Coverage limits required to be in force to satisfy the legal requirements of the Jurisdiction The following is added to SECTION tit— PHYSICAL where the accident occurs;or DAMAGE COVERAGE B. Exclusions 3.a,; (b) Insurance limits required by law and However, this exclusion will not apply to accidental issued by a government entity or by an discharge of an airbag due to mechanical or insurer licensed or permitted by law to electrical breakdown. do business In the jurisdiction where the "accident"occurs;or P. Amended Insured Contract Definition — Railroad Easement (c) Auto liability insurance limits of at least $300,000 combined single limit or SECTION V— DEFINITIONS paragraph H. "Insured $100,000 per personi$300,000 per accl- contact" is modified as follows: dent Bodily Injury, $100,000 Property 1. Paragraph H.3,is replaced by the following: Damage. If you fail to comply with the above, this 3. Any easement or license agreement. Insurance is not invalidated. However, in the 1 Paragraph H.6.a.Is deleted. event of a "loss", we will pay only to the extent that we would have been liable had Q. Coverage Extensions — Audio, Visual And Data you so complied. Electronic Equipment Not Designed Solely For (5) The insurance provided by this coverage The Production Of Sound extension is excess over any other coilec- SECTION III — PHYSICAL DAMAGE COVERAGE tlble Insurance available to you whether on a B. Exclusions, exception paragraph a. to exclusion primary, excess contingent or any other 4.c. and 4.d. is deleted and replaced with the basis. following: PPA 300 03 13 Page 4 of 5 I a. Equipment and accessories used with such (3) An executive officer or insurance manager, if equipment, except for tapes, records, discs or you are a corporation, other electronic media device, provided such S< Unintentional Errors Or Omissions equipment is permanently installed in the covered "auto" at the 'time of the "foss" or is SECTION IV-- BUSINESS AUTO CONDITIONS, B. removable from the housing unit which is General Conditions; 2. Concealment Misrei permanently installed in the covered "auto" at sentation Or Fraud is amended by adding the the time of the "loss", and such equipment is following: designed to be solely operated by use of the The unintentional omission of, or unintentional error power from the "autos" electrical system, in or In, any Information given by you shall not pre:ud'ce upon.the covered "auras or your rights under this insurance. However this pro- R. Notice Of And Knowledge Of Occurrence vision does not affect our right to collect additional SECTION IV — BUSINESS AUTO CONDITIONS, premium or exercise our right of cancellation or A.2. Duties In The Event Of Accident, Claim Suit nonrenewal. Or Loss, subparagraph a< is deleted and replaced T. Towing Coverage with the foilowing: SECTION III — PHYSICAL DAMAGE COVERAGE, a. In the event of "accident", claim, "suit"or"foss", A,2, Towing, is deleted and replaced by the you must give us or our authorized repre- following: sentative prompt notice of the "accident" or 2. We will pay up to $750 for towing and lobar "loss" including: costs incurred each time a covered "auto" is (1) How, when and where the '`accident" or d`.sab;ad duo to a covered cause of loss. "loss"occurred; However: (2) The"insured's" name and address; and a. All labor must be performed at the place of (3) To the extent possible, the names and disablement; and addresses of any insured person and Ib. If the covered auto is a private passenger witnesses. type no deductible applies;and Your duty to give us of our authorized C. If the covered auto is not of the private representative prompt notice of the "accident" or passenger type our obligation to pay will be "loss" applies only when the "accident" or "loss" reduced by a $250 deductible per is know,� to: disablement. (1) You, if you are an individual; (2) A partner if you are a partnership;or ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300 03 13 Page 5 of 5 Policy Number PSB0005053 RLI Insurance Company Y I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPacO FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. First Aid And Good Samaritan Services B. Supplementary Payments C. Reasonable Force—Bodily Injury Or Property Damage D. Non-Owned Watercraft E. Canoes Or Rowboats F. Damage To Premises Rented To You G. Aircraft Chartered With Crew H. Electronic Data Liability 1. Who Is An insured—Newly Acquired Or Formed Organizations J. Who Is An Insured—Unnamed Partnership Or Joint Venture K. Additional Insured—Owner, Manager Or Lessor Of Premises Or Leased Equipment L. Additional Insured—State Or Political Subdivisions--Permits Related To Premises Or Operations M. General Aggregate Limit—Per Project Or Per Location N. Knowledge And Notice Of Occurrence Or Offense O. Amended Bodity Injury Definition P. Amended Insured Contract Definition—Construction Or Demolition Operations Within 50'Of Railroad Q. Amended Personal And Advertising Injury Definition—Electronic Material R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us PPB 316 11 13 Pee 1 of 7 This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM—SECTION 11—LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY ONLY A. First Aid And Good Samaritan Services a. Expected or Intended Injury 1. ?"he following Is adder! to Section It A.1. "Bodily Injury" or "property damage" ex- BusinessLiabilityCoverages peoted or intended from the standpoint of We will pay those sums that the insured the Insured,This exclusion does not apply to becomes legally obligated to pay as damages "bodily Injury"or'property damage" resulting because of"bodily injury"arising out of either the from the use of reasonable force to protect rendering of or failure to render, "First Aid" or persons or property. 'Good Samaritan Services" to any person. For D. Non-Owned Watercraft the purposes of this coverage grans, "First Aid" 1, Section If 6.1.g. Exclusions, Aircraft, Auto Or or"Good Samaritan Services" will be deemed to Stair Watercraft Subparagraph (2) it dit, Au and meet the definition of "acaurrence". For the purposes of determining the applicable limits of replaced bythefollowing: insurance, any act or omission together with all (2) A watercraft you do not own that is: related acts or omissions in the rendering of Easeventfive "First Aid" or "Good Samaritan Services" to any (a) l3 p y (75)feet long; and one person will be deemed one "occurrence". (b) Not being used to carry persons or a. "First Aid" means initial care for medical prop", for a charge; attention immediately following a "bodily 2. Only as respects to the insurance provided by injury" this provision C. Who Is An Insured is - b. "Good Samaritan Services' means medical amended to include as an Insured any person attention provided in an emergency and far who, with your express consent uses the which no remuneration is demanded or watercraft. received. 3. The insurance providers by this provision shall 2. The insurance provided b this be excess over any valid and col'iectible other p y provision shall insurance available to the insured, whether be excess over any valid and colleotlNe other insurance available to any insured whether primary, excess, contingent or on any other primary, excess, contingent or any other basis, basis, except for the insurance purchased except for insurance specifically by you to apply in excess of the p purchased specifically ce Limits of insurance shown in the declarations for you to apply' in excess of the lints of Insurance shown in the declarations for Business Liability. this Coverage Part. B. Supplementary Payments E, Canoes Or Rowboats Section It A.1.f. Coverage Extension — The following is added to the exceptions contained Supplementary Payments Paragraphs 1.(b) and in Section II B.1.g. Exclusions, Aircraft; Auto Or 1.(d)are deleted and replaoed with the foiloii ing: Watercraft: (b) Up to $2,5€0 for the cost of bail bonds required (6) Any non-motorized canoe or rowboat owned by because of accidents or traffic violations arising the insured, Only as respects to the Insurance out of any vehicle to which Business Liability provided by this provision C. Who Is An Coverage for "bodily injury„ applies_ the do not insured is amended to include as an insured have to furnish these bonds. any person who, with your express consent, uses any such canoe or rowboat (d) All reasonable expenses incurred by the Insured at our request to assist in the investigation or F. Damage to Premises Rented to You defense of the claim or "suit", inch_€ding arWal 1. The last paragraph of Section Ii 6.1. Ex. loss of earnings up to $500 a day because of clusions — Applicable To Business Liability time off work. Coverage Is deleted and replaced by the C. Reasonable Force -- Bodily Injury Or Property following; Damage Exclusions c.,d.,e.,f., g., h., I., k., I., m., n, and Section 11 B.1.a. Exclusions, Expected Or o. in SECTION it — LIABILITY do not apply to Intended Injury, is deleted and replaced by the damage by water, fire, explosion, lightning, or following; smoke resulting from fire to premises while FPS 316 11 13 Page 2 of 7 rented to you, or temporarily occupied by you cells, data processing devices or any other with permission by the owner. A separate media which are used with electronically Damage To Premises Rented To You Limit of controlled equipment. Insurance applies to this coverage as described 3, For the purposes of the coverage provided b in paragraph D. Liability And Medical 'this endorsement, Section #1 F, Liability And Expenses Limits of Insurance in SECTION If— Medical Expenses Definitions, h 17,Paragraph LIABILITY. p p is deleted and replaced by the following; 2. ExamsSection IN Fntiti Liability And a laceddical 17. "Property damage"means: Expenses Definitions, is deleted and replaced by the following: a. Physical Injury to tangible property, a. th contract fora lease of premises. however, including all resulting loss of use of thatproperty. All such loss of use shall be that portion of the contract for a erase of deemed to occur at the time of the fire, premises that indemnifies any person or physical Injury that caused it; organization for damage by water, ire, explosion, lightning, or srnoke resulting from b. Loss of use or tangible property that is fire to premises while rented to you or not physically injured. Ali such loss of temporarily occupied by you with permission use shall be deemed to occur at the of the owner is not an"insured contract"; time of the "occurrence" that caused it; or 3. This provision does not apply if coverage for o, t Loss of, lass of use of, damage t Damage To Premises Rented To You is ex- c, corruption as inability to access, n- cluded by another endorsement to this policy. ability to manipulate "electronic data", G. Aircraft Chartered With Crew resulting from physical injury to tangible 1. The following is added to the exceptions property. All such loss of "electronic contained in Section 11 B.1,g. Exclusions, data" shall be deemed to occur at the Aircraft,Auto or Watercraft, time of the "occurrence"that caused it. (6) Any non-owned aircraft chartered to you d. Property damage does not mean dis- with a crew including a pilot, closure of, display of, or theft or mis- appropriation of electronic data however 2. The Insurance provided by this provision shall caused, be excess over any valid and colleotible other For the purposes of this insurance, insurance available to the insured whether electronic data"is not tangible property, primary, excess, contingent or on any other basis, except for insurance purchased specif- L Who Is An Insured — Newly Acquired Or Formed ically by you to apply in excess of the Limits of Organizations Insurance shown in Declarations. The following is added to Section It C. Who Is An H. Electronic Data Liability Insured: 1< Section II B.1.q. Exclusions is deleted and Any organization you newly acquire or form, other replaced by the following: than a partnership, joint venture or limited liability company, over which you maintain ownership or q. Etectronic Data majority interest, will qualify as a Named Insured if Damages arising out of the loss of, loss of there is no other similar Insurance available to that use of, damage to, corruption of, inability to organization. However; access, disclosure of, display of, theft or 1. Coverage under this provision is afforded only misappropriation of or inability to manipulate until the one hundred eightieth (180"') day after "electronic data". however this exclusion you acquire or form the organization or the end does not apply to"Property Damage", of the policy period,whichever is earlier, 2. The following definition is added to Section If F. 2. Coverage does not apply for "bodily Injury" or Liability And Medical Expenses Definitions: "property damage" that occurred before you "Eectronio data" means information, farts or acquired or formed the organization. programs stored as or on, created or used on, or 3. Coverage does not apply for "personal and transmitted to or from computer software advertising injury" arising out of an offense (including systems and applications software), committed before you acquired or formed the hard or floppy disks, CD-ROMS, tapes, drives, organization. PPB 316 11 13 Page 3 of 7 4. This provision does not apply to any (1) Only if the 'bodily injury",„property dam- organization for which coverage is excluded by age'or "personal and advertising injury" another endorsement to this policy. is caused, in whole or in part, by you or J. Who Is An Insured — Unnamed Partnership Or any person or organization performing Saint Venture operations on your behalf, and arises out of the ownership, maintenance or 1. The last paragraph of Section II G, Who Is An use of that part of any premises leased Insured is deleted and replaced by the to you under that contract or agreement; following: or No person or organization is an insured with (2) The`bodily injury" "property damage" or respect to the conduct of any current or past "personal and advertising injury" is partnership, joint venture or limited liability caused, in whole or in part, by you or company that is not shown as a Named Insured any person or organization performing in the Declarations. However this limitation does operations on your behalf, and arises not apply to your liability with respect to your at of the maintenance, operation or use conduct of the business of any current or past of equipment leased to you by such Partnership orjoint venture: additional insured. a, That is not shown as a Named Insured In 2. The insurance provided to such additional in- the Declarations; and sured under this provision is subject to the b. In which you are a member or partner but following: only if: a. The limits of insurance afforded to such (1) Each and every member or partner in additional ineured shall be the limits which that joint venture or partnership is not a you agreed to provide in the contract or construction contractor; and agreement, or the limits showy In the Declarations, whichever are less;and (it) The joint venture or partnership is not providing construction contracting b. 'rho insurance afforded to such additional services. Insured does not apply: 2. This provision does not apply to any person or JI) To any "bodily injury" or "property darn- organization far which coverage is excluded by. age" that occurs, or "personal and another endorsement to this policy. advertising injury" caused by an offense 3. The 'insurance provided by his praysian shall committed, after you cease to be a tenant in that premises; be excess over any valid and collectible other insurance, whether primary, excess, contingent (2) To any structural alterations, construc- or on any other basis, which Is available tion or demolition operations performed covering your iiabillty with respect to your by or on behalf of such additional conduct or the business of any current or past insured, partnership or joint venture that is not shown as a Ahmed Insured In the Declarations and which (3) To any premises for which coverage is is issued to such partnership or joint venture. excluded by another endorsement to K. Additional Insured -- Owner, Manager Or Lessor this Coverage fart; Of Premises Or Leased Equipment (4) To any "bodily Injury" or ';oraperty dam- Section It C. Who Is An Insured Is amended to age" that occurs, or "personal and Include as an insured: advertising Injury" caused by an offense committed, after the equipment lease 1. Any person or organization that you have expires;or agreed in a contract or agreement to include as an additional insured on this policy, but: (5) If the equipment is leased with an operator. a. Only with respect to liability for"bodily injury" or "property damage" that occurs, or 3. This provision does not apply on any basis to "Personal and advertising injury" caused by any person or organization for which coverage an offense commtted, after you have as an additionai insured specifically is added by entered into that contract or agreement; and another endorsement to this policy. PPB 316 11 13 Page 4 of 7 i L. Additional Insured — State Or Political is twice the Liability and Medical Expenses Subdivisions — Permits Related To Premises Or limit. Operations The aggregate limit for all "bodily Injury" and Section It C. Who Is An Insured is amended to "property damage", medical expenses and Include as an insured: "personal and advertising injury" other than 1. Any state or political subdivision that has issued "bodily injury" or "property damage" included in a permit in connection with premises owned or the "products-completed operations hazard" occupied by, or rented or loaned to, you, but applie$ separately to each of your "projects" only with respect to "bodily injury", "property away from premises owned by or occupied by damage", "personal and advertising injury" you or to each of your "locations" owned by or arising out of the existence, ownership, use, occupied by you, maintenance, repair, construction, erection or "Projects" mean an area -away from premises removal of advertising signs, awnings, canopies, owned by or rented to you at which you are cellar entrances, coal holes, driveways, man- performing operations pursuant to a contract or holes, marquees, hoist sway openings, sidewalk agreement. for the purposes of determining the vaults, elevators, street banners or decorations applicable aggregate lonit of insurance, each for which that state or political subdivision has "project" at the same "location" shall be issued such permit. considered a single "project". 2. Any state or political subdivision that has Issued For the purposes of this provision, "location" a permit, but only with respect to "bodily injury", means "property damage" "personal and advertising [. remises involving the same or connecting injury" arising out of operations performed by fats; you or on your behalf for which that state or political subdivision has issued such permit, 2. Premises where connection is interrupted However, no such state or political subdivision is only by a street, roadway, waterway or right- an insured for: of-way of a railroad; or a. "Bodily injury" "property damage", "personal 3. Premises where operations are performed in and advertising injury" arising out of op- sections, stages or phases as a continuation erations performed for that state or political of the same contract or agreement, even If subdivision; or the premises do not involve connecting lots. b. "Bodily injury"or"property damage' included Subject to Paragraph a. or b. above, whichever within the "products-completed operations applies, the Damage To Premises Rented To hazard". You Limit is the most we will pay for damages because of "property damage" to any one M. General Aggregate Limit — Per Project Or Per premises, while rented to you, or in the case of Location fire; explosion; lightning; smoke resulting from Section tl O. Liability And Medical Expenses such fire, explosion or lightning; or water while Limits of Insurance, Paragraph 4. Aggregate rented to you or temporarily occupied by you Limits, is deleted and replaced by the following: with permission of the owner. 4. Aggregate Limits The Limits of Insurance of SECTION II — The most we will pay for: LIABILITY apply separately to each consecutive annual period and to any remaining period of a. All"bodily injury"and"property damage"that less than Waive (12) months, starting with the is included in the "products-completed beginning of the policy period shown In the operations hazard" is twice the Liability and Declarations, Unless the policy period is Medical Expenses limit, extended after Issuance for an additional period b. All; of less than twelve (12) months. In that case, the additional period will be deemed part of the last (1) "Bodily injury" and "property a loge" preceding period for purposes of determining the except damages because of "bodily in. Limits of insurance. jury" or "property damage" included in the "products-completed operations N. Knowledge And Notice Of Occurrence Or hazard"; Offense (2) Plus medloA expenses; The following is added to Section II E. 2, Liability and Medical Expenses General Conditions, (3) Plus all "personal and advertising injury" Duties In The Event of Occurrence, Offense, caused by offenses committed; Claim Or Suit: PPB 316 11 13 Page 5 of 7 Notice of an 'occurrence" or of an offense which Protective Liability insurance available to an may result in a claim must be given as soon as insured , whether primary, excess, contingent or practicable after knowledge of the "occurrence" or on any other basis, except for the insurance offense has been reported to you, one of your purchased specifically by you to apply in excess "executive officers" (if you are a corporation), one of of the Limits of Insurance shown in the your partners who is an individual (if you are a declarations for this Coverage Part. partnership), one of your managers (if you are a Q, Amended Personal And Advertising Injury limited liability company), one of your trustees who is Definition—Electronic Material an Individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager 1. The definition of "personal and advertising or administrator) designated by you to give such lnjury" in Section 11 F.14.d. Liability And notice. Medical Expenses Definitions is deleted and Knowledge by ary other "employee„ of an "occur- replaced by the followiNg recce" or offense does not imply that you also have d. Oral, written or electronic publication, in any such knowledge. manner, of material that slanders or libels a Nation of an "occu ease" or of an afferse which person or organization or disparages a pe san's or organizations goods, products may result in a claim wll be deemed to be given as scan as practicable to us if It is given in good faith as or services; soon as practicable to your workers' compensation, 2- The definition of "personal and advertising accident, or health insurer. This applies only if you injury" in Section li FA4.e. Liability And subsequently give notice of the "occurrence" or Medical Expenses Definitions is deleted and offense to us as soon as practicable after you, one replaced by the following: of your"executive officers" (if you are a corporation), e. Oral, written or electronic publication, in any one of your partners who is an Individual (it you are manner, of material that violates a persons a partnership), one of your managers (if you are a right of privacy-, limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" 1 Section 11 8,1.p.(2) Exclusions for Personal (such as an insurance, loss control or risk manager And Advertising Injury Is deleted and replaced or administrator) designated by you to give such by the following: notice discovers that the "occurrence" or offense may involve-this policy. (2) Arising out of oral, written or electronic publication of material if done by or at the O. Amended Bodily Injury Definition direction of the insured with knowledge of its falsity; The definition of "bodily Injury" in Section 11 F.3. 4. Section 11 8.1. 2 Exclusions for Personal Liability And Medical Expenses Definitions is P( ) deleted and replaced by the f"o.'lowing: And Advertising Injury is deleted acid replaced by the following: "Bodily injury" means injury to the body, sickness, disease, or death. "Bodily injury' also means mental (3) Arising out of oral, written or electronic pub- injury, mental anguish, emotional distress, pain and 11cation of material whose first publication suffering, or shock resulting from rjury to the body, tools place before the beginning of the policy sickness,disease or death of any person. period; P. Amended Insured Contract Definition — N• Unintentional Omission Construction Or Demolition Operations Within The radlowing is added to SECTION Ill --COMMON SQ'Of railroad POLICY CONDITIONS Paragraph C. Concealment, 1. The definition of"insured contract" in Section It Misrepresentation Or Fraud (BUT APPLICABLE F.9.c. Liability And Medical Expenses Deft- ONLY TO SECTION 11—LIABILITY) nitions is deleted and replaced by the following: However as it pertains to Business Liability Cover- age only, the unintentional omission of, or uninter- c. Any easement or 1ieei7se agreement tonal error in, any Information provided by you 2. The definition of"insured contract" in Section It which we relied upon in issuing this policy shall not FAJ.(1) Liabitity And Medical Expenses prejudice your rights under this insurance. This pro- Definitions is deleted. vision does not affect our right to collect additional premium or to exercise our right of cancellation or 3. The insurance provided by this provision shall nonrenewal in accordance with applicable insurance be excess over any valid and collectible Railroad laws or regwatlons. PPB 316 11 13 Page 6 of 7 it S. Waiver Of Transfer Of Rights Of Recovery b. Ongoing and completed operations per, Against Others To Us formed by you, or on your behalf, under a SECTION III — COMMON POLICY CONDITIONS contract or agreement with that person or Paragraph K.2. Transfer of Rights of Recovery organization; Against Others to Us (BUT APPLICABLE ONLY c. Your"work%or TO SECTION If — LIABILITY) is deleted and d, "Your products". replaced by the following: 2. Applicable to Business Liability Coverage: We waive these rights only where you have agreed to do so as part of a contract or agree- We waive any rights of recovery we may have ment entered Into by you before the "bodily against any person or organization because of injury" or "property damage" occurs or the payments we make for "bodily Injury", "property "personal and advertising injury, offense is damage", "personal injury and advertising injury" committed, arising out of: a. Premises owned by you, temporarily occu- pied by you with permission of the owner; or leased or rented to you; I ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED, PPB 316 11 13 Page 7 of 7 Policy Number: PSAD001952 RLI Insurance Company Named Insured: Landau Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition—Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition—Railroad Easement a. Coverage Extensions—Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300WA 03 13 Page 1 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION 11 — any person or organization to the extent required of COVERED AUTOS LIABILITY COVERAGE, Para- you by a contract executed prior to any"accident" or graph A.I.Who Is An Insured Provision: "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided you own fifty organization designated in such contract. percent (50%)or more of the business entity and the E. Employee Hired Autos business entity is not separately insured for Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION II to a maximum of one hundred eighty (180) days COVERED AUTOS LIABILITY COVERAGE, following the acquisition or formation of the business Paragraph A.I. Who Is An Insured Provision: entity. An "employee" of yours is an "insured" while This provision does not apply to any person or operating an "auto" hired or rented under a organization for which coverage is excluded by contract or agreement in that "employee's" endorsement. name, with your permission, while performing S. Employees As Insureds duties related to the conduct of your business. The following is added to the SECTION II — 2• Changes In General Conditions: COVERED AUTOS LIABILITY COVERAGE, Para- Paragraph S.b. of the Other Insurance graph A.I.Who Is An Insured Provision: Condition in the BUSINESS AUTO Any "employee" of yours is an "insured" while using CONDITIONS is deleted and replaced with the a covered "auto" you don't own, hire or borrow in following: your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, Blanket Additional Insured the following are deemed to be covered "autos"you own: The following is added to the SECTION 11 —COVERED AUTOS LIABILITY COVERAGE, Para- Any er er and Any(1) A coved "auto" you (ease, hire, rent graph A.I.Who Is An Insured Provision: or Any person (2) Any covered "auto" hired or rented by organization that you are required to your"employee"under a contract in that include as ann additional insured on this coverage individual "employee's" name, with your form in a contract or agreement that is executed by permission, while performing duties you before the "bodily injury or "property damage" related to the conduct of your business. occurs is "insured" for liability coverage, but only However, any "auto" that is leased, e for damages which this insurance applies and hired, rented or borrowed with a driver is only to the extent that person or organization not a covered "auto". qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — F. Fellow Employee Coverage COVERED AUTOS LIABILITY COVERAGE. SECTION II — COVERED AUTOS LIABILITY The insurance provided to the additional insured will COVERAGE, Exclusion B.S. does not apply if you be on a primary and non-contributory basis to the have workers compensation insurance in-force additional insured's own business auto coverage if covering all of your employees. you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury" or "property damage"occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, D. Blanket Waiver Of Subrogation C. Limit Of Insurance, is amended by the addition of the following: The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" ConBUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will a Against Otns,hers S. Transfer Of Rights Of Recovery any unpaid amount due on the lease or loan for a Against Others To Us: covered "auto", less: PPA 300WA 03 13 Page 2 of 5 1. The amount paid under the PHYSICAL (a) $60,000 DAMAGE COVERAGE section of the policy; (b) The actual cash value of the damaged and or stolen property as of the time of the 2. Any: "loss"; or a. Overdue lease/loan payments at the time of (c) The cost of repairing or replacing the the `loss", damaged or stolen property with other b. Financial penalties imposed under a lease property of like kind and quality. for excessive use, abnormal wear and tear (2) An adjustment for depreciation and physical or high mileage. condition will be made in the event of a total c. Security deposits not returned by the lessor, "loss". d. Costs for extended warranties, Credit Life (3) We may deduct for betterment for parts Insurance, Health, Accident or Disability normally subject to repair and replacement Insurance purchased with the loan or lease; during the useful life of the `auto". In this and event, deductions shall be limited to the lesser of: e. Carry-over balances from previous loans or (a) An amount equal to the proportion that leases. the expired life of the part to be repaired H. Glass Repair—Waiver Of Deductible or replaced bears to the normal useful SECTION III — PHYSICAL DAMAGE COVERAGE, life of the part, or D. Deductible is amended by adding the following: (b) The amount which the resale value of No deductible for a covered "auto"will apply to glass the"auto" is increased from the repair or damage if the glass is repaired rather than replaced. replacement. I. Personal Effects Coverage (4) A deductible equal to the highest Physical Damage deductible applicable to any owned The following is added to SECTION III — PHYSICAL auto will apply. DAMAGE COVERAGE, A. Coverage, 4. Coverage (5) This Coverage Extension will not apply to: Extensions: c. Personal Effects Coverage (a) Any 'auto" that is hired, rented or borrowed with a driver; or In the event of a total theft loss of your covered (b) Any "auto" that is hired, rented or "auto we will pay up to $400 for"loss"to wearing borrowed from your"employee". apparel and other personal effects which are: (1) Owned by an "insured"; and K. Hired Auto Physical Damage—Loss Of Use (2) In or on your covered"auto"; The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage No deductible applies to Personal Effects Extensions: Coverage. e. We will pay sums which you legally must pay to J. Hired Auto Physical Damage Coverage the lessor of a covered 'auto" which you have The following is added to SECTION III — PHYSICAL leased without a driver for thirty(30) days or less for the lessor's loss of use of the covered "auto', DAMAGE COVERAGE, A. Coverage, 4. Coverage provided: Extensions: d. Hired Auto Physical Damage Coverage (1) This insurance provides comprehensive, specified causes of loss or collision covered If hired "autos' are covered "autos" for Liability on the covered "auto"; Coverage and this policy also provides Physical (2) The loss of use results from the covered Damage Coverage for an owned "auto", then the "auto" being damaged in an 'accident" while Physical Damage Coverage is extended to you are_leasing it. "autos" that you hire, rent or borrow subject to the following: We will pay up to a maximum limit of $1,500 for (1) The most we will pay for "loss" in any one this covered extension. "accident" to a hired, rented or borrowed L. Hired Car—Worldwide Coverage auto" is the lesser of: The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: PPA 300WA 03 13 Page 3 of 5 f. Hired Car—Worldwide Coverage (b) Insurance limits required by law and (1) We will pay all sums an "insured" legally issued by a government entity or by an must pay as damages because of "bodily insurer licensed or permitted by law to injury" or "property damage" to which this do business in the jurisdiction where the insurance applies, caused by an "accident" "accident"occurs; or which occurs outside of the United States of (a) Auto liability insurance limits of at least America, the territories and possessions of $300,000 combined single limit or the United States of America, Puerto Rico $100,000 per personl$300,000 per acci- and Canada resulting from the maintenance, dent Bodily Injury, $100,000 Property or use of any covered "auto" of the private Damage. passenger type you lease, hire, rent or borrow without a driver for thirty(30)days or If you fail to comply with the above, this less. insurance is not invalidated. However, in the event of a "loss", we will pay only to the (2) With respect to any claim made or "suit" extent that we would have been liable had instituted outside the United States of you so complied. America, the territories and possessions of (5) The insurance provided by this coverage the United States of America, Puerto Rico, extension is excess over any other and Canada: collectible insurance available to you (a) You shall undertake the investigation, whether on a primary, excess contingent or settlement and defense of such claims any other basis. and "suits" and keep us advised of all proceedings and actions. M. Temporary Transportation Expenses (b) You will not make any settlement SECTION III — PHYSICAL DAMAGE COVERAGE, without our consent. A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced (c) We will reimburse you: by the following: (i) For the amount of damages be- a, Transportation Expenses cause of liability imposed upon you (1) We will pay up to a maximum of$1,500 for by law on account of"bodily" injury" temporary transportation expense incurred or "property damage" to which this insurance applies, and by you because of Physical Damage to a coverage "auto"- (!I) For all reasonable expenses incur- (2) We will pay only for those covered "autos" red with our consent in connection for which you carry Comprehensive, with the investigation, settlement or Collision or Specified Case of Loss defense of such claims or "suits".Reimbursement for expenses will be Coverage. part of the Limit of Insurance for (3) We will pay only for those expenses incurred liability coverage shown in the Busi- by you during the period of time that begins ness Auto Coverage Declarations, twenty-four (24) hours after the covered and not in addition to such limits. "loss" and ends at the time when the (3) The limit of Insurance for Liability Coverage covered "auto" can be reasonable repaired shown in the Business Auto Coverage or replaced. Declarations is the most we will reimburse (4) This coverage does not apply while there you for the sum of all damages imposed on are spare or reserve"autos" available to you you, as set forth in paragraph 2.c, above, for your operations. and all expenses incurred by you arising out N. Amended Bodily Injury Definition — Mental of any single"accident" or"loss"' Anguish (4) You must maintain the greater of the The following is added to SECTION V following primary auto liability insurance limits: DEFINITIONS, Definition C.: (a) Compulsory admitted insurance with "Bodily injury"also includes mental anguish, but only limits required to be in force to satisfy when the mental anguish arises from other bodily the legal requirements of the jurisdiction injury, sickness or disease, where the accident occurs, or PPA 300WA 03 13 Page 4 of 5 O. Airbag Coverage (1) How, when and where the "accident"-or The following is added to SECTION III — PHYSICAL "loss"occurred; DAMAGE COVERAGE B. Exclusions 3.a.: (2) The"insured's" name and address, and However, this exclusion will not apply to accidental (3) To the extent possible, the names and discharge of an airbag due to mechanical or addresses of any injured person and electrical breakdown. witnesses. P. Amended Insured Contract Definition — Railroad Your duty to give us or our authorized Easement representative prompt notice of the "accident' or SECTION V— DEFINITIONS paragraph H. "Insured "loss" applies only when the "accident" or "loss" contact"is modified as follows: is known to: 1. Paragraph H.3. is replaced by the fallowing: (1) You, if you are an individual, 3. Any easement or license agreement. (2) A partner if you are a partnership; or 2. Paragraph H.6.a. is deleted. (3) An executive officer or insurance manager, if you are a corporation. S. Unintentional Errors Or Omissions Q. Coverage Extensions — Audio, Visual And Data SECTION IV—BUSINESS AUTO CONDITIONS, B. Electronic Equipment Not Designed Solely For General Conditions; 2. Concealment Misrepre- sentation Or Fraud is amended by adding the SECTION III — PHYSICAL DAMAGE COVERAGE following: B. Exclusions, exception paragraph a. to exclusion 4.c, and 4.d. is deleted and replaced with the The unintentional omission of, or unintentional error following: in, any information given by you shall not prejudice your rights under this insurance. However this pro- a. Equipment and accessories used with such vision does not affect our right to collect additional equipment, except for tapes, records, discs or premium or exercise our right of cancellation or other electronic media device, provided such nonrenewal. equipment is permanently installed in the T. Towing Coverage covered "auto" at the time of the `lass" or is removable from the housing unit which is SECTION III — PHYSICAL DAMAGE COVERAGE, permanently installed in the covered "auto" at A.2. Towing, is deleted and replaced by the the time of the "loss", and such equipment is following: designed to be solely operated by use of the 2. We will pay up to $750 for towing and labor power from the "autos" electrical system, in or costs incurred each time a covered "auto" is upon the covered"autos"; or disabled due to a covered cause of loss. R. Notice Of An Knowledge Of Occurrence However: SECTION IV — BUSINESS AUTO CONDITIONS, a. All labor must be performed at the place of A.2. Duties In The Event Of Accident, Claim Suit disablement; and Or Loss, subparagraph a. is deleted and replaced with the following: b. If the covered auto is a private passenger type no deductible applies; and a. In the event of"accident", claim, "suit" or "loss"'you must give us or our authorized c. If the covered auto is not of the private representative prompt notice of the "accident" or passenger type our obligation to pay will be "loss"including: reduced by a $250 deductible per disablement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300WA 03 13 Page 5 of 5 Policy Number; PSB0005053 RLI Insurance Company Named Insured:Landau Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. RLIPack®R FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION I€—LIABILITY 9. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury" "property damage" or "personal and and we will not share with that other Insurance, advertising injury"caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage Is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you;or b. The "personal and advertising injury" for which c< In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard" contract or agreement. 2. The Insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II -- any person or organization for which coverage LIABILITY) as an additional insured specifically is added by y e Waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or"personal and advertising Injury' arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed do so as part of a w contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance -- COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION II and advertising injury"offense is committed, LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided 'to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page t of t