The URL can be used to link to this page

Home My WebLink AboutPW16-310 - Amendment - #1 - Northwest Hydraulic Consultants, Inc. - Briscoe-Desimone Levee - 09/30/2016 1- . ra ,Records r s bt ka e 0,, , KENT WA9X1NOTON , Document f k�. b n 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 Vendor Number: JD Edwards Number Contract Number: pwite _ alb) ' �d This is assigned by City Clerk's Office Project Name: Briscoe-Desimone Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 9/30/16 Termination Date: 6/30/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz 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 June 30, 2017 for coordination with FEMA after report is filed. As of: 08/27/14 C_. r, I 00 KENT V/AS HI Ha TAN AMENDMENT N . 1 NAME OF CONSULTANT OR VENDOR: Northwest Hvdraulic Consultants Inc. CONTRACT NAME & PROJECT NUMBER: Briscoe-Desimone Levee Reaches 1-4 ORIGINAL AGREEMENT DATE: August 4, 2016 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: k In addition to work required under the original Agreement and any E 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 June 30, 2017 due to a minimum of six months of coordination with FEMA that is required after the report is submitted. 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, $13,941.00 including applicable WSST Net Change by Previous Amendments $N/A including applicable WSST I Current Contract Amount $13,941.00 including all previous amendments C Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $13,941.00 r I , t ij (i F I E P AMENDMENT - 1 OF 2 i F i I t Original Time for Completion 9/30/16 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (t) for this 273 calendar days Amendment Revised Time for Completion 6/30/17 (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 QF ENT: BY By: I (sign ure)" ( gn ture) Print Name: Ifc:.�"Q -1� Print Name: Timothy 1. LaPorte, P.E. Its Its Public Works Director € e ltle) ( le DATE: E DATE: �� APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department I pn this field,you may^-hterthe eleIXronic fle0ath where the con[ratt has been saved] AMENDMENT - 2 OF 2 NORTH34 OP ID: NN .�C�FIk CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DDNYYY) 1 08/01/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If 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 CONTACT Mike Griffith NAME: Griffith/Rush Drake Insurance PHONE 2g6-632.1433 ac Ne:2D6-365-0699 PO Box 27167 uc o E 0- L. 12364 Lake City Way NE E-NAIL ADDRESS: Seattle,WA 98125 Mike Griffith INSURER($)AFFORDING COVERAGE NAI09 INSURERA:The Hartford Casualty Ins Co 29424 INSURED Northwest Hydraulic - INSURER B: Consultants,Inc. 16300 Christensen Rd#350 INSURERC: Tukwila,WA 98188 INSURER D: III SURE RE 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. NOTVYITHSTANDING 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, TYPR OFINSURANCE kDaLUSA POLICY EFF PO E P LIMITS CTR NSO Y VD POLICY NUMBER MM1DDIYYYY MMID 1 Y A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,DaB,90o CLAIPAS-MADE OCCUR 52UUNZD9766 00/30/2016 06130/2017 ppEMISE v�cw rence $ 300,000 M£D EXP(Anyone person) $ 10,000 -PERSONAL&ADV INJURY $ 1,000,00C GEN'L AGGREGATE�AT LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY l '- JEO- LOC PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY EDe NED oeret_SINGLE MT $ 1,000,000 A X ANY AUTO 52UUNZD9766 061F30/2016 06/30/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Poraccidenl) $ AUTOS AUTOS NON-OWNED PROP ERTYD AO S HIRED AUTOS n $ AUTOS P¢rawBent X UMBRELLA LIA9 rd OCCUR EACH OCCURRENCE $ 6,000,000 A EXCESS LIAR CLAIMS-MADE 52XHUZD8463 06/30/2016 06/30/2017 AGGREGATE $ ._ 5,000,000 DEO I X I RETENTION$ 10,000 $ WORKERS COMPENSATION STRTUTE X ER AND EMPLOYERS'LIABILITYRTNERt 52UUNZD9766 06130)2016 0613012017 A ANY PROPRIETOR/EXCLUDED? YO NIA EL EACH ACCIDENT $ 1r000,000 OFrIGER)M(Mandatory In NFR H)F.XCLUOEOT WA STOP GAP E.L.DISEASE-EA EMPLOYE $ 1,000,00C (Mandatory In NH) IYea,dasalbe under E.L.DISEASE-POLICY LIMIT $� 1,000,00() DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101.Additlonal Renla IRS Schedule,may be attached R.r,re epace is required) RE: Briscoe-Desimone Levee Reaches 1-4 See attached notes: CERTIFICATE HOLDER CANCELLATION CITYKE2 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATIONTHE NOTICE WILL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE q 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD f ®-'-�P�®, HOLDER CODE CITYKE2 NORTH34 PAee2 �. INSURED'SNAME Northwest Hydraulic OP ID: NN Date 08/01/2010 The City of Kent, King County, and King County Flood Control District are listed as primary non-contributory additional insureds as pertains to the work and services performed by the named insured only per roan HG 00 01 06 05. Waiver or subrogation is included. 30 day notice of cancellation applies. Umbrella policy follows form. i I i i I i PRODUCER'S FACT SHEET I I i NAMED INSURED; NORTHWEST HYDRAULIC CONSULTANTS INC POLICY NO: 52 UUN ZD9765 DE PRODUCER'S NAME: GRIFFITH/RUSH DRAKE INS GROUP PRODUCER'S CODE: 811462 POLICY PERIOD: FROM 06/30/16 TO 06/30/17 ACCOUNT BILL NUMBER: 10817924 PAYOR TYPE: INSURED BILL FREQUENCY: MONTHLY / 3 MONTH DOWNPAYMENT TRANSACTION TYPE: RENEWAL TOTAL ANNUAL PREMIUM** **INCLUDES TERRORISM PREMIUM COMMISSION BREAKDOWN LOB TOTAL ANNUAL PREMIUM COMMISSION PERCENTAGE PROPERTY GL AUTO IM TOTAL; FORM TITLE HM00010314 POLICY FRONT COVER HM00100107 COMMON POLICY DECLARATIONS -UUN HM00100107SD4 SUPPLEMENTAL DECLARATIONS IR03130611 NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) IH09850115 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT IH12001185 IH12001185 30 DAY NOTICE OF CANCELLATION IH120011B5 X IH99400409 U.S. DEPT OF THE TREASURY, OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS IH99410409 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT IL01460810 WASHINGTON - COMMON POLICY CONDITIONS IL01980908 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) PC00910113 QUICK REFERENCE PROPERTY CHOICE COVERAGE PART PCOOOIDI09 PROPERTY CHOICE COVERAGE PART - DECLARATIONS PC00020113T PROPERTY CHOICE - SCHEDULE OF PREMISES AND COVERAGES PC5D040113 PROPERTY CHOICE - SPECIALIZED PROPERTY INSURANCE COVERAGES FOR BUSINESS SERVICES PC20230109 GREEN CHOICE - ADDITIONAL COVERAGES PC99070103 °FUNGUS",WE'P ROT,DRY ROT,BACTERIA AND VIRUS- REMOVAL OF LIMITATIONS-WASHINGTON PRODUCER'S FACT SHEET PAGE 1 (CONT'D ON NEXT PAGE) 06/29/16 52 UUN 7,D9765 DE (06/30/17) PRODUCER'S FACT SHEET (CONTINUED) POLICY NO; 52UUNZD9765 PC00900113 PROPERTY CHOICE CONDITIONS AND DEFINITIONS IHO9400115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM PC26020113 PROPERTY CHOICE SPECIAL BUSINESS INCOME - ADDITIONAL COVERAGES PC001D0113 PROPERTY CHOICE COVERAGE FORM (PROPERTY) '', PCO0200113 PROPERTY CHOICE - SPECIAL BUSINESS INCOME COVERAGE FORM (BUSINESS INTERRUPTION) PC00300113 LEGAL LIABILITY - BUILDING COVERAGE FORM 2CIO100113 PROPERTY CHOICE - COVERED CAUSES OF LOSS AND EXCLUSIONS FORM PC10200113 CAUSES OF LOSS - EARTHQUAKE PC10240911 EARTHQUAKE COUNTIES PC10300112 CAUSES OF LOSS - EARTHQUAKE SPRINKLER LEAKAGE PCIO830113 CAUSES OF LOSS - ELECTRONIC VANDALISM PC25060109 EXCLUSION - BUSINESS INCOME (BUSINESS INCOME) PC25110113 EARTHQUAKE - BUSINESS INCOME WAITING PERIOD PC25120113 EARTHQUAKE SPRINKLER LEAKAGE - BUSINESS INCOME WAITING PERIOD PCO0970109 QUICK REFERENCE (BUSINESS CRIME) PC00500109 PROPERTY CHOICE COMMON CRIME COVERAGES FORM (BUSINESS CRIME) PC31040310 CALIFORNIA CHANGES PC31461213 WASHINGTON CHANGES HM99040186 QUICK REFERENCE - COMMERCIAL INLAND MARINE j COVERAGE PART H900200295 COMMERCIAL INLAND MARINE COVERAGE PART - DECLARATIONS CM00010904 COMMERCIAL INLAND MARINE CONDITIONS 1HO9520115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM M800261285 CONTRACTOR'S EQUIPMENT COVERAGE FORM IH12011185 FORM M91944 COMMERCIAL INLAND MARINE CONTRACTOR'S EQUIPMENT SCHEDULE (DESCRIPTION OF EQUIPMENT, POLICY LIMITS, RATES AND DEDUCTIBLES) IH12011155 FORM MS1946 COMMERCIAL INLAND MARINE CONTRACTOR'S EQUIPMENT SCHEDULE (ADDITIONAL COVERAGES, COVERAGE EXTENSIONS AND ENDORSEMENTS) CM01070309 WASHINGTON CHANGES MSOI010905 WASHINGTON CHANGES MS03021190 CHANGES - DEDUCTIBLE RA00040302 QUICK-REFERENCE - COMMERCIAL AUTO COVERAGE PART HAO0250615 COMMERCIAL AUTO COVERAGE DECLARATIONS BUSINESS AUTO COVERAGE FORM UA00340614 SUPPLEMENTARY SCHEDULE (HIRED AUTOS PHYSICAL DAMAGE) HAO0120615T SCHEDULE OF COVERED AUTOS YOU OWN CA00011013 BUSINESS AUTO COVERAGE FORM RA21020614 SCHEDULE OF UNINSURED AND UNDERINSURED MOTORIST COVERAGE CA99031013 AUTO MEDICAL PAYMENTS COVERAGE CA21541013 CALIFORNIA UNINSURED MOTORISTS COVERAGE - BODILY INJURY M21030614 WASHINGTON UNDERINSURED MOTORISTS COVERAGE CA01351013 WASHINGTON CHANGES CA01431013 CALIFORNIA CHANGES HAO0240614 CHANGES IN HIRED CAR PHYSICAL DAMAGE - LIMIT OF INS RA20070614 PRIMARY HIRED AUTO INSURANCE PRODUCER'S FACT SHEET PAGE 2 (CONT'D ON NEXT PAGE) 06/29/16 52 UUN 7D9765 DE (06/30/17) PRODUCER'S FACT SHEET (CONTINUED) POLICY NOa 52UUNZD9765 RA59080614 POLLUTION LIABILITY COVERAGE PRIVATE PASSENGER TYPE AUTOS HA99130187 ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS HA99160112 COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT IH12011185 ADDITIONAL INSURED HC70010605 QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE PART— OCCURRENCE HC00100798 COMMERCIAL GENERAL LIABILITY COVERAGE PART- DECLARATIONS CG20100413 (05) ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION CG20370413 ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS CG21060514 EXCLUSION — ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA—RELATED LIABILITY — WITH LIMITED BODILY INJURY EXCEPTION CG21160413 EXCLUSION—DESIGNATED PROFESSIONAL SERVICES CG22430413 EXCLUSION—ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY HO00881210 CYBERFLEX AMENDMENT OF COVERAGE B — PERSONAL AND ADVERTISING INJURY HC00971210 AMENDMENT OF EXCLUSIONS AND DEFINITION - PERSONAL AND ADVERTISING INJURY HC23700115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM IIG00010605 COMMERCIAL GENERAL LIABILITY COVERAGE FORM HG00681210 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION H001811O01 WASHINGTON CHANGES IH1201110S FORM CG2404 — WAIVER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US IH12011185 ADDITIONAL INSURED — OWNERS/LESSORS/CONTRACTORS CG2037 0704 RC70120408 QUICK REFERENCE—EMPLOYERS LIABILITY AND STOP GAP COVERAGE HC00250295 EMPLOYERS LIABILITY AND STOP GAP COVERAGE PART RC00260408 EMPLOYERS LIABILITY AND STOP GAP COVERAGE FORM HC01301192 WASHINGTON CHANGES - STOP GAP CG20260413 (02) ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION CO24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US RC21900608 EXCLU91ON — FUNGI,BACTERIA AND VIRUSES HG21020315 EXCLUSION — SILICA lIC12101185T COMMERCIAL GENERAL LIABILITY SCHEDULE STUFFER/NOTICE TITLE G-3011-0 IMPORTANT NOTICE TO POLICYHOLDERS — PREMIUM DETERMINATION FOR SUBCONTRACTORS G-3041-1 IMPORTANT NOTICE TO POLICYHOLDERS — EXECUTIVE OFFICERS, INDIVIDUAL INSUREDS OR CO-PARTNERS — GENERAL LIABILITY G-3058-1 POLICY ADJUSTMENT NOTICE 0-3249-0 NEVADA NOTICE TO POLICYHOLDERS G-3418-0 PRODUCER COMPENSATION NOTICE PRODUCER'S FACT SHEET PAGE 3 (CONT'D ON NEXT PAGE) 06/29/16 52 UUN ZD9765 DE (06/30/17) PRODUCERIS FACT SHEET (CONTINUED) POLICY N0: 52LTMZD9765 G-3418-0 PRODUCER COMPENSATION NOTICE G-4033-1 IMPORTANT NOTICE TO POLICYHOLDERS THE HARTFORD CYBER CENTER WESSITE ACCESS 100722RVII INSURANCE POLICY BILLING INFORMATION CAF-4257-0 CALIFORNIA INSURANCE IDENTIFICATION CARD CAY-4257-0 (002) WASHINGTON LIABILITY INSURANCE IDENTIFICATION CARD it III it PRODUCERIS FACT SHEET PAGE 4 06/29/16 52 UUN 7D9765 DE (06/30/17) 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 policy the words"you" and "your" refer to under Paragraph 1. of Section 11 — Who Is An the Named Insured shown In the Declarations; and any Insured and no"employee"authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy, The words Well, "us" and "our" claim, know that the "bodily injury" or "property refer fo 'the stock Insurance company member of The damage" had occurred, in whole or in part, if Hartford providing this Insurance. such a listed insured or authorized "employee" The word "Insured" means any person or organizatlon knew, prior to the policy period, that the "bodily qualifying as such under Section II—Who Is An insured, injury or property damage occurred, then any continuation, change or resumption of such Other words and phrases that appear In quotation marks "bodily Injury" or "properly damage" during or have speclat meaning. Refer to Section V—Definitions, after the policy period will be deemed to have SECTION I—COVERAGES been known prior to the policy period. COVERAGE A BODILY 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 lime when any Insured listed under a, We will a those sums that the Insured becomes Paragraph 1. of Section 11 —Who Is An Insured or pay any employee authorized by you to give or legally obligated to pay as damages because of receive notice of an"occurrence"or claim: "bodlly injury" or "property damage" to which this Insurance applies. We will have the right and duty (1) Reports all, or any pan, of the "bodily Injury" or to defend the Insured against any "suit" seeking "property 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"properly damage"to "properly damage";or which this Insurance does not apply, We may, at {3} Becomes aware by any other means that j our discretion, 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 — Limps 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 ends when we from the"bodily Injury", have used up the applicable limit of insurance In e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily Injury„ arising out of the rendering of or Coverage C, failure to render professional health care No other obligation or liability to a sums or services as a physician, dentist, nurse, 9 Y pay 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 hot engaged In the business or the "coverage terrliory"; occupation of providing such services, HG 00 01 06 05 Page 1 0118 ©2005 The Hartford (Includes copyrighted matorlal of Insurance Services Office, Inc,with Its permission.) I i I I (2) For the purpose of determining the limits of d. Workers'compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the Insured under a workers' any act or omisslon together with all related acts compensation, disability benefits or unemployment or omissions In the furnishing of these services compensation law or any similar law. to any one person will be considered one "occurrence". e. Employers 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) Employment 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 Insureds business; or "property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property. that "employee" as a consequence of b. Contractual Liability Paragraph (1) above. "Bodily Injury" or "property damage" for which the This exclusion applies: 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. This exclusion does not apply to liability (2) To any obligation to share damages with or for damages: I 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 execution of the contract or agreement. Solely of the actual, alleged or threatened discharge, for the purposes of liability assumed in an dispersal, seepage, migration, release or 'Insured contract", reasonable attorney fees and escape of"pollutants": necessary litigation expenses incurred by or for a parry other than an Insured are deemed to be (a) At or from any premises, site or location damages because of "bodily Injury" or "properly which Is or was at any time owned or damage", provided; occupied by, or rented or loaned to, any (a) Liability to such party for, or for the cost of, 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 and caused by smoke, fumes, are for defense of That party against a civil or vapor or soot produced by or originating alternative dispute resolution proceeding In from equipment that is used r heat, cool which damages to which this insurance that dehumidify the building, or equipment applies are alleged, that Is used ui heat water for personal c, Liquor Liability guests; the building's occupants or their "Bodily injury" or "property damage" for which any (11) "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 or contributing to the intoxication of any contractor and the owner or lessee of Perron: such premises, site or location has been (2) The furnishing of alcoholic beverages to a added to your policy as an additional person under the legal drinking age or under the insured with respect to your ongoing Influence of alcohol;or operations performed for that additional 3 An statute, ordinance or regulation relating to Insured at that premises, site or location ( ) y 9 9 and such promises, 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. Page 2 of 18 HQ 00 0106 05 I. (Ili) "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 directly or indirectly (b) At or from any premises, site or location on any Insured's behalf are performing l 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) Which 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 by or fort regulatory requirement that any insured or (I) Any insured;or others test for, monitor, clean up, remove, (if) Any person or organization for whom you contain, treat, detoxify or neutralize, or in may be legally responsible; any way respond to, or assess the effects of, "pollutants";or (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a which any Insured or any contractors or governmental authority for damages subcontractors working directly or Indirectly because of testing for, monitoring, cleaning on any Insured's behalf are performing operations if the "pollutants" are brought on up, removing, containing, treating, detoxifying or to the premises, site or location In or neutralizing, or in any way responding to, or assessing the effects of, connection with such operations by such "pollutants" Insured, contractor or subcontractor, However, this subparagraph does not apply However, this paragraph does not apply to to; liability for damages because of "property "property that the Insured would have in the (1) Bodily injury or property damage 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. electrical, hydraulic or mechanical functions necessary for the operation of g. Aircraft,Auto Or Watercraft "mobile equipment" or Its parts, if such "Bodily Injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto'or watercraft owned or hold, store or receive them, This operated by or rented or loaned 10 any Insured. Use exception does not apply If the "bodily Includes operation and 'loading or unloading", Injury" or"properly damage" arises out of This exclusion applies even If the claims against the Intentional discharge, dispersal or any Insured allege negligence or other wrongdoing release of the fuels, lubricants or other In the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, if the lubricants or other operating fluids are "occurrence" which caused the "bodily Injury" or brought on or to the premises, site or 'property damage" Involved the ownership, locatlon with the intent that They be maintenance, use or entrustment to others of any discharged,dispersed or released as part aircraft, "auto" or watercraft that Is owned or of the operations being performed by operated by or rented or loaned to any insured, such Insured, contractor or This exclusion does not apply subcontractor; pp Y 10; (If) "Bodily Injury" or "property damage" (1) A watercraft while ashore on premises you own sustained within a building and caused or rent; by the release of gases,fumes or vapors (2) A watercraft you do not own that is: from materials brought Into that building (a) Less than 51 feet long; and in connection with operations being (b) Not being used to carry persons for a performed by you or on your behalf by a contractor or subcontractor;or charge; (ill) "Bodily Injury" or "property damage" (3) Parking an "auto" on, or on the ways next to, arising out of heal, smoke or fumes from premises you own or rent, provided the "auto"Is a "hostile fire';or not ed by or rented or loaned to you or the Insured; FIG 00 01 06 05 Page 3 of 18 (4) Liablilly assumed under any "insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations;or (6) "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, repaired or replaced because "your Paragraph f.(2) or f.(3) of the definition of work"was incorrectly performed on it, "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 Is hired, chartered or loaned with a paid crew. fire) to premises, including the contents of such However, this exception does not apply if the premises, rented to you for a period of 7 or fewer Insured has any other 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—Limits Of Insurance, any other basis, Paragraph (2) of this exclusion does not apply if the h. Mobile Equipment promisee are "your work"and were never occupied, "Bodily Injury"or"properly damage"arising out of: rented or held for rental by you, (1) The transportation 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), (5)and (6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement. stunting activity. Paragraphs (3) and (4) of this exclusion do not I. War apply to "property damage" to borrowed equipment "Bodily Injury" or "property damage", however while not being used to perform operations at the job site. caused,arising, directly or indirectly, out of: Paragraph (6) of this exclusion does not apply to (1) War,including undeclared or civil war; "property damage" included In the "products- (2) Warlike action by a military force, Including completed operations hazard" action In hindering or defending against an k, Damage To Your Product actual or expected attack, by any government,sovereign or other authority using military Property damage„to your product"arising out of it personnel or other agents; or or any part of It. (3) Insurrection, rebellion, revolution, usurped 1. Damage To Your Work power, or action taken by governmental "Property damage"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 operations hazard", j j. Damage To Property This exclusion does not apply If the damaged work "Property damage"to: or the work out of which the damage arises was 1 Property includingperformed on your behalf by a subcontractor. O Pro yyeu own, rent or occupy, any m. Damage To impaired Property Or Property Not costs or expenses Incurred by you, or any other person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Property damage" to "Impaired properly° or maintenance of such property for any reason, property that has nor been physically injured, Including prevention of Injury to a person or arising out of: damage to another'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 "properly damage" arises out of any part of (2) A delay or failure by you or anyone acting on those premises; your behalf 10 perform a contract or agreement (3) Property loaned 10 you; In accordance with Its terms, (4) Personal property in the care, custody or control This exclusion does not apply to the loss of use of of the Insured; other property arising out of sudden and accidental (5) 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 put 10 its intended use. Page 4 of 18 HCv cool 06 06 i n. Recall Of Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard"; incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, Inspection, repair, replacoment, statutory or regulatory requirement that any adjustment, removal or disposal of; insured or others test for, monitor, clean up, (1) "Your product"; remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or (2) "Yourwork"; or assess the effects of an "asbestos hazard"; (3) "Impaired property"; or if such product, work, or property is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, Inadequacy or dangerous treating, detoxifying or neutralizing or in any condition in 11. 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 out of the loss of, foss of use of, to damage by fire, lightning or explosion to premises damage a corruption out of, inability to access, or while rented to you or temporarily occupied by you with permission of the owner. A separate limit of Insurance inability to manipulate electronic data, applies to this coverage as described In Section III — As used In this exclusion, electronic data means Limits Of Insurance, Information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmitted to or from INJURY LIABILITY computer software, Including systems and applications software, hard or floppy disks, CD- 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 duly injury"tot to defend the Insured against any "suit" seeking "Bodily those damages. However, we will have no duty to (1),.A person arising 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 offense 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 other capacity; and (2) Our right and duty to defend end when we have (2) To any obligation to share damages with or used up the applicable limit of Insurance In the payment of judgments d settlements under repay someone else who must pay damages u Coverages A or 8 or medical cal expenses under because of the injury.ry• Coverage C. r, Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or "property damage" arising out perform acts or sorvioes is covered unless explicitly of the"asbestos hazard", provided for under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that: b, This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of injury" caused by an offense arising 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 01 00 05 Page 5 of i a 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This Insurance does not apply to: trade name, service mark or other designation a. Knowing Violation Of Rights Of Another of origin or authenticity; or "Personal and advertising Injury" arising out of an (3) Title of any literary or artistic work, offense committed by, at the direction or with the i• Insureds in Media And Internet Type consent or acquiescence of the Insured with the Businesses expectation of Inflicting "personal and advertising "Personal and advertising injury" committed by an Injury". Insured whose business is; b, Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury" arising out of oral, telecasting; 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, content or service c. Material Published Prior To Policy Period provider. "Personal and advertising injury" arising out of oral, However, this excluslon does not apply to written or electronic publication of material whose Paragraphs 17.s., b. and c. 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, broadcasting, publishing or telecasting, Insured, K Electronic Chatrooms Or Bulletin Boards e. Contractual I_lability "Personal and advertising Injury" arising out of an electronic chatroom or bulletin board the insured Personal and advertising injury„ for which the Insured has assumed I{ablllty in a contract or hosts, owns, or over which the Insured exercises agreement.This exclusion does not apply to I lability control. for damages that the Insured would have in the 1. Unauthorized Use Ot Anther'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 contract, except an Implied contract to use your e-mail address, domain name or metalags, or anolher's"advertisingldea"Inyour"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 "Personal and advertising injury" arising out of the failure of goods, products or services to conform actual, alleged or threatened discharge, dispersal, with any statement of quality or performance made seepage, migration, release or escape of In your"advertisement", "pollutants"at any time, h. Wrong Description Of Prices in. Pollutlon-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, demand, order or statutory or services, regulatory requirement that any Insured or 1. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, "Personal and zdvsrticin Injury" adsin' out of an contain, treat, detoxify or neutralize, or In any violation of an intellectual rope rights such as way respond to, or assess the effects of, y property rtY 9 pollutants ,or copyright, patent, trademark, trade name, trade 2 Claim or suit b or on behalf of a governmental secret, service mark or other designation of origin O y g or authenticity, authority for damages because of testing for, However, this exclusion does not apply to monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or In any infringement, in your'advertisement", of; way responding to, or assessing the effeots of, (1) Copyright; "pollutants", Page 6 of 18 HG 00 0106 05 o. War (2) The spouse, child, parent, brother or sister of "Personal and advertising Injury", however caused, that person as a consequence of "personal and arising,directly or indirectly,out of: advertising Injury" to that person at whom any (1) War,Including undeclared or civil war; employment-related practices are directed. (2) Warilke action by a military force, Including 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 government, employer or In any other capacity;and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents;or repay someone else who must pay damages (3) insurrection, rebellion, revolution, usurped power, because of the injury. or action taken by governmental authority in v, Asbestos hindering or defending against any of these. (1) "Personal and adverilsing injury" arising out of p. Internet Advertisements 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 site of others on your (a) May be awarded or Incurred by reason of any claim or suit alleging actual or web site; threatened Injury or damage of any nature or (3) Content, Including informatlon, sounds, text, kind to persons or properly which would not graphics, or images from a web site of others have occurred In whole or in part but for the displayed within a frame or border on your web "asbestos hazard"; site;or (b) Arise out of any request, demand, order or (4) Computer code, software or programming used statutory or regulatory requirement that any to enable; insured or others test for, monitor, clean up, (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 up,violation of a person's right of privacy created by treating, removing, encapsulating, containing, an state or federal act, treating, detoxifying r neutralizing or in any Y way responding to or assessing the effects However, this exclusion does not apply to liability of an"asbestos hazard" for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS absence of such state or federal act. 1. insuring Agreement r. Violation Of Anti-Trust law desc 'Personal and advertisin g a. We bo pay medical expenses as accident: hod below g injury arising out of a for"bodily Injury"caused by an accidents violation of any anti-trust law, s. securities (1) On premises you own or rant; "Personal and advertising Injury" arising out of the (2) On ways next to premises you own or rent; or fluctuation In pdoe or value of any stocks, bonds or (3) Because of your oporations; other securities, provided that: t. Discrimination Or Humiliation (1) The accident takes place In the "coverage "Personal and advertising Injury" arising out of territory"and during the policy period; discrimination or humiliation committed by or at the (2) The expenses are Incurred and reported to us direction of any "executive of8car", director, within three years of the date of the accident; stockholder, partner or member of the Insured, and u. Employment-Related Practices (3) The Injured person submits to examination, at "Personal and advertising injury"to; our expense, by physicians of our choice as (1) A person arising out of any "employment— often as we reasonably require. related practices';or HQ 00 0106 05 Page 7 of 18 i b. We will make these payments regardless of fault, e, Ail costs taxed against the 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 time 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 Interest 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 Insured These payments will not reduce the limits of insurance. To any insured, except"volunteer workers", 2. If we defend an insured against a "suit" and an b. Hired Person indemnitee of the Insured 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 tenant of any insured, following conditions are met; c. Injury On Normally occupied premises a. The "suit" against the Indemnitee seeks damages for which the insured has assumed 1hs'1(ability of To a person injured on that pars of premises you the Indemnitee In a contract or agreement that is an own or rent that the person normally oocupies, "insured contract"; d. Workers Compensation And Similar laws b. This insurance applies to such liability assumed by To a person, whether or not an "emptoyee" of any the Insured; insured, if benefits for the "bodily injury" are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers'compensation of,that indemnitee, has also been assumed by the or disability benefits law or a similar law, 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 sports, or athletic contests. the insured and the Interests of the Indemnitee; f. Products-Compfeted Operations Hazard e. The Indemnitee and the insured ask us to conduct Included within the "products-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. Coverage A Exclusions and Excluded under Coverage A, f, The Indemnitee; SUPPLEMENTARY PAYMENTS W COVERAGES (1) Agrees in writing to; A AND B (a) Cooperate with us in the Investigation, 1, We will pay,with respect to any claim we investigate or settlement or defense of the "suit"; settle,or any"suit"against an insured we defend; (b) Immediately send us copies of any a. All expenses we incur, demands, notices, summonses or legal b. Up to $1,000 for cost of ball 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 vehicle to which the Bodily available to the indemnitee;and Injury Uability Coverage applies. We do not have (d) Cooperate with us with respect to to furnish these bonds, coordinating other applicable insuranoe 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 with written authorization to; applicable limli of Insurance, We de not have to furnish these bonds, (a) Obtain records and other information related d. 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 "suit", including actual loss Indemnitee In such"suit" of earnings up to $500 a day because of time off So long as the above conditions are met, attorneys' from work, fees Incurred by us in the defense of that Indemnitee, Page s of 1s HG 00 0106 05 necessary litigation expenses Incurred by us and However, none of these "employees" or "volunteer necessary litigation expenses incurred by the workers"are insureds for: Indemnitee at our request will be 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 ventured to your damages for"bodily injury"and"property damage"and members (Ifto you are a limited liability will not reduce the limits of insurance, company), to a co- employee white in the course of his or her employment or I Our obligation to defend an insured's indemnitee and performing duties related 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. We 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 sister b. The conditions set forth above, or the terms 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)(8)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 a. An individual, you arid your spouse are Insureds, must pay damages because of the injury Y P described in Paragraphs (1)(a) or (b) above; but only with respect to the conduct of a business or of which you are the sole owner. (d) Arising out of his or her providing or failing to b. A partnership or joint venture, you are an Insured, provide professional health care services. Your members, your partners, and their spouses If you are not in the business of providing are also Insureds, but only with respect to the professional health care services, Paragraph (d) conduct of your business. does not apply to any nurse, emergency c. A limited liability company, you are an Insured. medical technician or paramedic employed by Your members are also Insureds, but only with you to provide such services. respect to the conduct of your business, Your (2) "property damage"to property: managers are Insureds, but only with respect to their duties as your managers. (a) Owned,occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability 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 duties 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 are a 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. "volunteer worker"), or any organization while 2. Each of the following Is also an insured: acting as your real estate manager. a. Employees and Volunteer workers c. Temporary Custodlans of Your Property Your "volunteer 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 (1) With respect to liability allsing out of the partnership, joint venture or limited liability maintenance or use of that property; and company) or your managers (if you are a limited liability company), but only for act&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 i Your legal representative If you die, but only with respect to duties as such. That representative will HG 00 01 Oft D5 Page 9 of 18 I have all your rights and duties under this Coverage S. 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 to 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 dale 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 watercraft, and only if no other Insurance of any The Insurance afforded herein for any subsidiary kind Is available to that person or organization for this not named In this Coverage Pan as a named liability, insured does not apply to Injury or damage with However, no person or organization is an insured with respect to which an insured under this Coverage respectto; Para is also an insured under another policy or would be an Insured under such policy but for Its a. 'Bodily injury" to a co-'employee" of the person termination or the exhaustion of its limits of operating the watercraft;or insurance, b. "Property,damage"to property owned by, rented to, 3. Newly Acquired or Formed organization In the charge of or occupied by you or the employer Any organization you newly acquire or form,other than of any person who Is an insured under this a partnership, joint venture or limited liability company, provlaion, and over which you maintain financial interest of more G. Additional Insureds When Required By Written than 60% of the voting stock, will qualify as a Named Contract, Written Agreement Or permit Insured If there Is no other similar Insurance available The following person(s) or organizations) are an to that organization. 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 18oth day after you acquire or form the issued by a slate or political subdivision, that such organization or the end 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 B does not apply to "personal and this provision only for that period of lime required by advertising Injury" arising out of an offense the contract oragreement. committed before you acquired or formed the However, no such person or organization Is an Insured organization. under this provislon if such person or organization is 4, Mobile Equipment Included as an insured by an endorsement issued by us and made a pan of this Coverage Part. With respect to "mobile equipment" registered In your a. Vendors name under any motor vehicle registration law, any person Is an Insured while driving such equipment Any person(s) or organization(s) (referred to below along a public highway with your permission.Any other as vendor), but only with respect to "bodily Injury" person or organization responsible for the conduct of or "properly 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 equipment, of the vendor's business and only If this Coverage and only if no other Insurance of any kind Is available Part provides coverage for "bodily Injury" or to that person or organization for this liability, 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 or the employer (a) "Bodily Injury" or "property damage" for of any person who Is an insured under this which the vendor is obligated to pay prevision. damages by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HQ 00 0106 05 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease product made Intonfionally byihe vendor; land or premises, but only with respect to liability Re acka t when un acked sole! arising out of the ownership, maintenance or use of O for the purnrpose of i oxcenspection, demonstration, that part of the land or premises leased to you, testing, or the substitution of parts under With respect 10 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 Insurance does not apply to: adjustments,tests or servicing as the vendor 1, Any "occurrence" which takes place after you has agreed to make or normally undertakes cease to lease 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 demolition operations performed by or on behalf products; of such person or organization. (t) Demonstration, installation, servicing or d, Architects, Engineers or Surveyors repair operations, except such operations erformed at the vendor's premises In Any architect, engineer, or surveyor, but only with connection with the sale of the product; respect to liability for "bodily Injury', "property (g) Products which, after distribution or sale by damage" or "personal and advertising Injury" you, have been labeled or relabeled or used caused, In whole or In pan, bys your acts or as a container, part or Ingredient of any omissions or the acts or omissions of those acting on your behalf; other thing or substance by or for the vendor; or (1) In connection with your premises;or (h) "Bodily injury" or "properly damage" arising (2) In 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 its additional insureds, the following additional behalf. However, this exclusion does not exclusion applies; apply to; This Insurance does not apply to "bodily Injury", (1)The exceptions contained in Sub- "property damage" or "personal and advertising paragraphs (d)or (i);or injury" arlsing out of the rendering of or the failure (11) 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 undertakes to make in 1, The preparing, approving, or failing to prepare ilia usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, Held 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 whom you have engineering activities, acquired such products, or any ingredient, part e, permits issued By Stste, Or Political or container, entering into, accompanying or Subdivisions containing such products, b, Lessors of Equipment Any state or political subdivision, but only with respect to operations performed by you or on your I (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment; but only with respect to their has issued a permit. liability for "bodily injury", "property damage" or Wlih respect to the insurance afforded these j "Personal and advertising Injury caused, in additional Insureds, this insurance does not apply whole or in part, by your maintenance,operation to; or use of equipment leased to you by such person or organization. {i) and ilyad entry", "property ding out or "personal (2) With respect to the insurance afforded to these and advertising Injury' arising out of operations additional insureds this Insurance does not performed for the state or municipality;or apply to any "occurrence" which takes place (2) "Bodily Injury" or "property damage" Included after the equipment lease expires, within the "products-completed operations hazard". HG OD 01 06 05 Page 11 of 18 f, Any Other party G. Persons or organizations making claims or bringing Any other person or organization who Is not an "suits", 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 part, 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 the performance of your ongoing operations; because of "bodily Injury" or "property damage" Included in the 'products-completed operations (2) In connection with your premises owned by or hazard%and rented to you;or c. Damages under Coverage B. (3) in connection with "your work" and included g products-Completed Operations Aggregate Limit within the "productscompiated operations hazard", but only if The Products-Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage A for damages you to provide such coverage to such because of "bodily Injury" and "property damage" additional insured; and included in the "products-completed operations hazard", (b) This Coverage Part provides coverage for "bodily injury" or "property damage" Included d• Personal and Advertising Injury Limit within the "producls-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, %odlly injury", "property 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 architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services, Including, of: (1) The preparing, approving, or failing to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily Injury" and "property damage" drawings and specifications; or arising out of any one"occurrence" (2) :Bupervlsory, inspection, architectural or 6, Damage To premises Rented To You Limit engineering activities. Subject to S. above,the Damage To Premises Rented The limits of insurance that apply to additional insureds To You Limit Is the most we will pay under Coverage A under this provision is described In Sactlon III — Limhs for damages because of"properly 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 the.addHional insured Is described In the you or temporarily occupied by you with permission of Other Insurance Condition In Section IV— Commercial the owner. General Liability Conditions, In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or poet partnership,joint venture or to all damage proximately caused by the same event, limited liability company that s not shown as a Named whether such damage results from fire, lightning or insured In the Declarations, explosion or any combination of these, SECTION III—LIMITS OF INSURANCE 7. Medical Expense Limit 1, The Most We will pay 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; 8, How Limits Apply To Additional Insureds b. Claims made or"cults"brought;or If you have agreed in a written contract or written agreement that another person or organization be page 12 of 18 HG OD 01 06 05 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 Is settlement of the claim or defense against the the lesser of; "suit"; and a. The limits of Insurance specified in the written (4) Assisi us, upon our request, In the enforcement of contract or written agreement;or any right against any person or organization which b. The limits of Insurance shown in the Declarations. may be liable to the Insured because of injury or damage to which this Insurance may also apply, such amount shall be a part of and not in addition to d, Obligations AtThe Insureds Own Cost Limits of Insurance shown In the Declarations and described In this section, No Insured will, except at that Insured's own cost, 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 with 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 will be deemed part of the last preceding available to an additional Insured, such additional period for purposes of determining the Limits of Insurance, insured must submit such claim or "suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other Insurer for defense and Indemnity. CONDITIONS However, this provision does not apply to the 1, Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the Insured or of the written agreement that this insurance Is primary insured's estate will not relieve us of our obligations 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 Suit a. Notice Of Occurrence Or Offense Paragraphs a. and b, apply to you or to any additional insured only when such "occurrence", You or any additional insured must see to If that we offense,claim or"sult"Is known to; are notified as soon as Practicable of an 1 additional Insured that is an "eocurrence" or an offense which may result in a O you or any claim.To the extent possible,notice should include: 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 witnesses;and limited 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 corporation; b, Notice Of Claim (5) Any trustee, if you or an additional Insured is a trust;or If a claim is made or "suit" is brought against any {6) Any elected or appointed p official, if you or an Insured,you or any additional Insured must: additional Insured is a political subdivision or (1) Immediately record the specifics of the claim or public entity. "suit"and the date received;and This duty applies separately to you and any additional (2) Notify us as soon as practicable, insured, You or any additional Insured must see to It that we 3. Legal Action Against Us receive written notice of the oialm or "suit" as seen No person or organization has a right under this as practicable, Coverage Part: c, Assistance And Cooperation Of The Insured a, To join us as a party or otherwise bring us Into a You and any other involved insured must; "suit"asking for damages from an Insured;or (1) Immediately send us copies of any demands, b. To sue us on this Coverage Pert unless all of its notices, summonses or legal papers received in terms have been fully complied with. connection with the claim or"suit"; 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 00 01 06 05 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. insured, 4. Other Insurance However, The following provisions apply to other If other valid and collectible insurance is available to Insurance available to any person or the insured for a loss we cover under Coverages A or organization who Is an additional Insured under B of this Coverage Part, our obligations are limited as this coverage pan. follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This Insurance Is primary except when b. below This insurance is primary if you have agreed applies. If other insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary. If other described In c. below, Insurance Is also primary, we will share with b. Excess insurance all that other insurance by the method described in e.below. This Insurance is excess over any of the other (b) Primary And Non-Contributory To Other insurance, whether primary, excess, contingent or Insurance When Required By Contract on any other basis: If(1) Your Work you have agreed in a written contract, written agreement, or permit that this That is Fire, Extended Coverage, Builder's Risk, Insurance is primary and non-contributory Installation Risk or similar coverage for "your with the additional Insured's own insurance, work"; this Insurance Is primary and we will not (2) Premises Rented To You seek contribution from that other Insurance, That 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 by you with permission of the ownei; 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 for "property against any suit it any other Insurer has a duty 10 your liability as a tenant to premises rented t you or temporarily defend the insured against that "suit". if no other occupied se you with permission of the owner; Insurer defends,we will undertake to do so, but we 4 Aircraft,Auto Or Watercraft will a entitled to the insureds rights against all $ ) t, those other Insurers. If the lose arises out of the maintenance or use When this insurance is excess over other of aircraft, "autos"or watercraft to the extent not Insurance, we will pay only our share of the amount subject to Exclusion g. of Section i — Coverage of the loss,if any,that exceeds the sum of: A—Bodily Injury And Property Damage Liability; (1) The total amount that all such other Insurance (6) Property Damage to Borrowed Equipment Or would pay for the loss in the absence of this Use Of Elevators 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 other Insurance, the extent not subject to Exclusiorrj. of Section I We will share the remaining loss, If any, with any Coverage A - Bodily Injury And Property other Insurance that is not described In this Excess Damage Liability; Insurance provision and was not bought specifically (6) When You Are Added As An Additional to apply in exoess of the Limits of Insurance shown Insured To Other Insurance In the Declarations of this Coverage Part. Any ether insurance available 10 you covering c. Method Of Sharing liability for damages arlsing out of the premises If all of the other Insurance permits contribution by or operations, or products and completed operations, for which you have been added as equal shares,we will follow this method also. Under this approach each Insurer contributes equal an additional insured by that insurance;or amounts until It has paid Its applicable limit of insurance or none of the loss remains, whichever comes first, I Psge 14 of 18 HG 00 01 06 05 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 contribute by and help us enforce them. limits. Under this method, each Insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable Ilmli of Subrogation) insurance 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 any payment, Including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, 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. Al the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage, 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 premiums is the date shown as the mall or deliver to the first Named Insured shown In the due date on the bill, if the sum of the advance and Declarations written nonce of the nonrenewal not less audit premiums paid for the policy period is greater than 3D days before the expiration date. than the earned premium, we will return the excess If notice Is mailed to the first Named Insured. proof of mailing w{il be sufficient c. The first Named Insured must keep records of the proof of notice, Information we need for premium computation, and SECTION V—DEFINITIONS send us copies at such times as we may request, 1. "Advertisement" means the widespread public G. Representations dissemination of information or images that has the a. When YouAcce Accept purpose of Inducing the sale of goods, products or p y services through: By accepting this policy,you agree; a. (1) Radlo; (1) The statements in the Declarations are accurate (2) Television; .and complete; (3) Billboard; (2) Those statements are based upon representations you made to us; and (4) Magazine; (3) We have Issued this policy In reliance upon your (6) Newspaper;or representations, b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution. 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 images that exist at the inception data of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under Phis of any goods or products; or Coverage Part because of such failure, b. An interactive conversation between or among 7. Separation Of Insureds persons ihrough a computer network, Except with respect to the Limits of Insurance,and any 2. "Advertising Idea" means any idea for an rights or duties speci€leally assigned in this Coverage "advertisement". Part to the first Named Insured, this Insurance applies: 3. "Asbestos hazard" means an exposure or threat of a, As if each Named Insured were the only Named exposure to the actual or alleged properties of Insured; and asbestos and includes the more presence of asbestos b. Separately to each Insured against whom claim is In any form. made or"suit"Is brought. 4, "Auto"means a land motor vehicle,trailer or semilraller o, Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any attached machinery or equipment, But "auto" does not Us ag Include"mobile equipment". Transfer Rights Of Recovery S. "Bodily injury"means physical: If the Insured has rights to recover all or part of any payment, Including Supplementary payments, we a. Injury; 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 ahem. At our request, the sustained by a person and, if arising out of the above, menial anguish or death at anytime, HG 00 01 06 05 page 15 of 18 6. "Coverage territory"means; rented to you or temporarily occupied by you with a, The United States of America (Including its territories permission of the owner is subject to the Damage and possessions), Puerto Rico and Canada; to Premises Rented To You Limit described in b. International waters or airspace, but only if the Section III—Limits of Insurance; Injury or damage occurs In the course of travel or b. A sidetrack agreement; transportation between any places included In a, c, Any easement or license agreement, Including an abovo;or easement or license agreement in connection with o. All other parts of the world If the injury or damage construction or demolition operations on or within arises out of; 60 feet of a railroad; (1) 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 the work for a municipality; territory described In a, above, but Is away for a e• An elevator maintenance agreement; short time on your business; or f. That part of any other contract or agreement (3) "Personal and advertising Injury" offenses that pertaining to your business (including an take 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 party to pay for provided the Insured's responsibility to pay damages is "bodily injury" or "property damage" to a third determined in the United States of America (including ifs person or organization, provided the "bodily injury" territories and possessions), Puerto Rico or Canada,Ina or"property damage" Is caused, In whole or In part, "suit" on the merits according to the subslantivo law in by you or by those acting on your behalf, Tort such territory or in a settlement we agree to. liability means a liability that would be imposed by 7. "Employee" Includes a "leased worker", "Employee" law In the absence of any contract or agreement, does not include a"temporary worker". Paragraph f. Includes that part of any contract or 6. "Employment-Related Practices"means; agreement that indemnities a railroad for "bodily a, Refusal to employ person; injury" or "property damage" arising out of b. Termination ni a person's employment;or construction or demolition operations, within 60 feet of any railroad property and affecting any railroad o. Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnol, omissions, such as coercion, demotion, evaluation, underpass or crossing, reassignment, discipline, defamation, harassment, However, Paragraph f. does not Include that part of humiliatlon or discrimination directed at a person. any contract or agreement; 9. "Executive offlcer" means a person holding any of the (1) That indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of; by-laws or any other similar governing document. 10,"Hostile fire"means one which becomes uncontrollable (a) Preparing, approving, or failing to prepare or or breaks out from where it was intended to be. approve, maps, shop drawings, opinions, eports, surveys, field orders, change orders 11."Impalred property" means tangible property, other or drawings and specifications; or than"your product"or"your work",that cannot be used (b) Giving directions or Instructions, or failing 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 (mown or thought to be defective, deficient, (2) Under which the insured, If an architect, engineer Inadequate or dangerous; or or surveyor, assumes liability for an injury or b. You have failed to fulfill the terms of a contract or damage arising out of the Insured's rendering or agreement; (allure 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, architectural or engineering activities, "your product"or"your work";or f 3."Leased worker" means a person leased to you by a b. Your fulfilling the terms of the contract or agreement, 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"temporary worker" portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property: indemnifies any person or organization for damage a, After it is moved from the place where 11 is accepted by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or "auto', Page 16 of 18 HG 00 0106 05 1- b. While it is in or on an aircraft, watercraft or"auto'; 16.110ccurrence" means an accident, Including continuous or or repealed exposure to substantially the same general C. While 11 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 10 a. False arrest, detention or Imprisonment; the aircraft,watercraft or"auto". b. Malicious prosecution; 1S."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 committed by or on behalf of its owner, landlord or vehicles designed for use principally off public lesaor, roads; d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services; d. Vehicles, whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right of privacy; mounted: f. Copying, in your "advertisement", at person's or (1) Power cranes, shovels, loaders, diggers or organization's "advertising Idea" or style of drills;or "advertisement"; O 2 Road construction or resurfacin equipment g. Infringement of copyright, slogan, or title of any such as graders,scrapers or rollers literary or arilstio work,In your "advertisement'; or e. Vehicles not described in a., b., c,or d, above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person, to provide mobility to permanently attached 18."Pollutants" mean any solid, liquid, gaseous or thermal 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 cleaning, Includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed. servicing equipment; or 19.1'Producia-completed operations hazard"; (2) Cherry pickers and similar devices used to raise a. Includes ail "bodily injury" and "property 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 "mobile equipment"but will be considered"autos": deemed completed a1 the earliest of the (1) Equipment, of at least 1,000 pounds gross following times: vehicle weight, designed prlmarllyfor: (a) When all of the work called for In your (a) Snow removal; contract has been completed. (b) Road maintenance, but not construction or (h) When all of the work 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 silo, Cherry pickers and similar devices mounted on (c) When that part of the work done at a job site ( ry P has been put to its Intended use by any automobile or truck ohassis and used to raise or person or organization other than another lower workers;and contractor or subcontractor working on the (a) Air compressors, pumps and generatora, 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 servicing equipment, otherwise complete, will be treated as completed. HG 00 01 06 05 Page 17 of 18 b. Does not include "bodily injury" or "property 22."Temporary worker" means a person who is damage"arising out of: furnished to you to substitute for a permanent (1) The transportation of property, unless the "employee" on leave or to meet seasonal or short- Injury or damage arises out of a condition In or term workload conditions. on a vehicle not owned or operated by you, 21"Volunteer worker"means a person who and that condition was created by the "loading a, Is not your"employee' or unloading"of that vehicle by any insured; b. Donates his or her work; (2) The existence of tools, uninstalied equipment c. Acts at the direction of and within the scope of or abandoned or unused materials;or duties t tdethe direr by you; and (3) Products n, operations ..for which the d. Is not paid a fee, salary or other compensation by policy classification, listed In the Declarations lops or Ina you or anyone else for their work performed for policy schedule, states that products- completed operations are subject to the you. General Aggregate Limit. 24,"Your product": 20."Properly damage" means: a, Means: a. Physical Injury to tangible property, Including all (1) Any goods or products, other than real resulting loss of use of that property, A I such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of byi physical Injury that caused It;or (a) You; b. Loss of use of tangible property that is not (b) Others trading under your name;or physically Injured, All such loss of use shall be deemed to occur at the time of the "occurrence" (c) A person or organization whose business that caused It. 1 or assets you have acquired; and As used In this definition, computerized or (2) Containers (other than vehicles), materials, eleetronloalfy stored data, programs or software are parts or equipment furnished in connection not tangible property. Electronic data means with such goods or products. information,facts or programs; b. Includes a. Stored as or on; (1) Warranties or representations made at any b. Created or used on;or time with respect to the fitness, quality, c. Transmitted to or from; durability, performance or use of "your product"; and computer software, including systems and (2) The providing of or failure to provide warnings applications software, hard or floppy disks, CD- or Instructions. ROMS, tapes, drives, cells, data processing devices c. Does not Include vending machines or other or any other media which are used with electronically controlled equipment. property rented to or located for the use of others but not sold. 21,1"Sult" means a civil proceeding in which damages „ „ because of "bodily injury", "properly damage" or Your work "personal and advertising Injury" to which ihts a. Means; Insurance applies are alleged, "Suit"Includes: (1) Work or operations performed by you or an a. An arbitration proceeding In which such damages your behalf; and are claimed and to which the Insured must submit (2) Materials, parts or equipment furnished in or does submit with our consent;or connection with such work or operations. h. Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the Insured submits with our time with respect to the fitness, quality, consent. durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions, Page 18 of 18 WG 00 01 06 05 j COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL. AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply, 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow In your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.I. -WI-10 IS AN INSURED -of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary In which you have an add: ownership Interest of more than 50% on e, The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "Insured" under any other automobile provide direct primary insurance for policy or would be an "Insured" under the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that Is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured If Required by Contract newly formed or acquired organization (1) Paragraph A.I. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage Is venture, amended to add: (b) That Is an "Insured" under any other f. When you have agreed, In a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an"insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily Injury" or "property damage" caused Injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a, or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as insureds ownership, maintenance or use of a covered "auto," Paragraph A.1. -WHO IS AN INSURED - of SECTION 11 - LIABILITY COVERAGE is amended to add: ©2011, The Hartford (includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional Insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional Insured in 1,D. - Additional (1) During the policy period, and Insured if Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such Insurance be provided agreed in a written contract or written to the additional Insured. agreement that this Insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we wlil pay on behalf of such Insurance When Required By Contract additional insured Is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written Is primary and non-contributory with the agreement;or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional Insured in the Declarations and described in this has been added as an additional insured. Section, When this insurance is excess, we will have no ; (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" If If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "sult". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the Insured's rights against all Insured must submit such claim or"suit" those other insurers. to the other Insurer for defense and When this Insurance is excess over other Indemnity. Insurance, we will pay only our share of the However, this provision does not apply amount of the loss, If any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this Insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other Insurance, Suit or Loss We will share the remaining Toss, If any, by the If you have agreed In a written contract method described in Other Insurance 5,d. or written agreement that another 2 AUTOS RENTED BY EMPLOYEES person or organization be added as an additional insured on your policy, the Any "auto" hired or rented by your "employee" I additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, In the same manner as the Named Insured. 02011,The Hartford (Includes copyrighted material Form HA 99 16 03 112 of ISO Properties, Inc.,with Its permission.) Page 2 of 5 I If an "employee's" personal insurance also 5, PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4,a, of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a Insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000, EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN&EASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, In the event of a total "loss" to a Insurance In-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or "auto" is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss" or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following Is added: whichever is smallest, minus a deductible, The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss"caused 6, ELECTRONIC EQUIPMENT . BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs BA - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4,d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the autos" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above; or ©2011, The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system, the same"accident",the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) if the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 Is the most we will pay for "loss" In 12, AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that r audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an accident" applies only when the "accident"is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, If you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. Installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or Is an HAZARDS integral part of that equipment; or If you unintentionally fall to disclose any hazards (3)An integral part of such equipment. existing at the Inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE-of SECTION territory with respect to Liability Coverage Is III - PHYSICAL DAMAGE COVERAGE, we will anywhere In r the world provided that if the pay for the expense of returning a stolen covered "bodilyd'in responsibility to pay damages for "auto"to you. "bodily injury' or "property damage" is determined in a"suit,"the "suit"Is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage If the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. -DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 4 of 5 L We waive any right of recovery we may have c,Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a,A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily Injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2, of the COMMON POLICY combustion engine and one or more electric p motors to move the auto, or the Internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors, which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to for which Comprehensive, Specified Causes of for vinyl vehicle wraps Loss, or Collision coverages are provided under which are displayed o on n the covered "auto" at the this Coverage Form, then such Physical time of total loss. Regardless of most number of autos deemed a total loss, the ost we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever Is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," I III GO2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with Its permission.) Page 5 of 5