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HomeMy WebLinkAboutPW17-118 - Original - K&D Services, Inc. - Quiet Zone Channelization - 02/27/2017 riliJ �P","iMji(�D 0�j N j U�/ � j� tj%age Fl; 40 K ds oe� r /Jf F-ltl l i",all"I'l,'111 g/rG }NAS W GNGTQN '�/f% // � Document ny 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: K & D Services, Inc. Vendor Number: JD Edwards Number Contract Number: _ I This is assigned by City Clerk's Office Project Name: Quiet Zone Channelization Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment CZ Contract ❑ Other: Contract Effective Date: 2/27/17 Termination Date: 7/1/17 Contract renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Joe Araucto Department: PW Operations Contract Amount: $3,375.00 Approval Authority: (CIRCLE ONE) CDepartmejntDi"rectDor Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare traffic control plans for the project.____.___ As of: O8/27/94 d ' KENT W.SHI.010. GOODS & SERVICES AGREEMENT between the City of Kent and K & D Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and K & D Services, Inc. organized under the laws of the State of Washington, located and doing business at 2719 Rockefeller Ave., Everett, WA 98201, Phone: (800) 343-4049, Contact: Ben Ryan (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall prepare traffic control plans for the Quiet Zone Channelization Project. For a copy of the Vendor's estimate, see Exhibit A which is attached and incorporated by this reference.' Vendor acknowledges and understands that It is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by July 1, 2017. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Three Thousand, Three Hundred Seventy Five Dollars ($3,375.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid after completing the traffic control plans and submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, Incl. WSST) A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS &SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42,56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act, J. City Business License Required. Prior to commencing the tasks described in Section 1, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITYQF-KENT: By: By sig e ,- (sl nature) na r Print Name: ' el Or IId Print Name, David A. Brock, P.E. Its: V e e prr' Its:Ze I c 's -Manao e r (title) 2 1 �z DATE: DATE: 0 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CITY 0 VENDOR: CITY OF KENT: Ben Ryan Timothy J. LaPorte, P.E. K & D Services, Inc. City of Kent 2719 Rockefeller Ave, 220 Fourth Avenue South Everett, WA '98201 Kent, WA 98032 (800) 343-4049 (telephone) (253) 856-5500 (telephone) (425) 303-8709 (facsimile) (253) 856-6500 (facsimile) K&D Services-Quiet Zone/Areucto GOODS & SERVICES AGREEMENT 6 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability, 3 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above,, By: For: Title. Date EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 00 $ . o 0 m § co U � � E g � o U vs. \ k k B 2 � � 7 . \ q 2 a s § � Q � ( � k / � E � 7 W 2 2 k 41 \ & � a § § � @ o m ■ $ — VUl yam a E \ k to t Wk � c � kn ul « ' 00 - § k W ~ -0 0 $ Y o 3 c ƒ p � 2u 3 / ■ u u o e m m EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 1185. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of EXHIBIT B (Continued) primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. it l ® DATE IMMIDDII^!YY) Acorro CERTIFICATE OF LIABILITY INSURANCE F2/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. CONTACT PRODUCER NAME: HUB International Northwest LLC PHOAIC_NENo, AIc Ne: 110 Unity Street E-MAIL Bellingham WA 98225 ADDRESS: INSURER 5 AFFORDING COVERAGE NAIC p INSURER A INSURED K&DSE-1 INSURER B:Underwriters at Lloyd's London 15792 K&D Services Inc INSURERC:United Specialty Insurance Company- 12537 K&D Services of Oregon Inc INSURER D: PO Box 12040 Everett WA 98201 INSURER 8: INSURER F COVERAGES CERTIFICATE NUMBER:1784531455 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YWY MMIODIYYYY A GENERAL LIABILITY Y Y BKS55710276 10/24/2016 10/24/2017 EACH OCCURRENCE $1,000,000 DAMAGE To RENTE5 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $1,000,000 i CLAIMS-MADE a OCCUR M ED EXP(Any oneperson) $10,000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE 1$2 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- X LOC Deductible $5,000 DS A AUTOMOBILE LIABILITY Y Y BAS55710276 10/24/2016 10124/2017 Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peracc,dent $ C X UMBRELLA LIAB X OCCUR Y Y BU11613868 10/24/2016 10/24/2017 EACHOCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION BKS55710276 10/24/2016 10/24/2017 1 WC STATU- X OTH- WA Stop Gap AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OF FICERfMEMBER EXCLUDED9 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If gas,describe under E.L.DISEASE-POLICY LIMIT $1.000,000 DESCRIPTION OF OPERATIONS below B Professional Liability 00169773C 10/24/2016 10124/2017 �PerClaim 1,000,000 Aggregate 1,000,000 Deductible 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Per forms and conditions: Primary/Non-Contributory & Blanket Additonal Insured form CG 88 10 04 13; Waiver of Subrogation form CG 24 04 05 09; Per Location Aggregate CG 88 60 12 08; Per Project Aggregate CG 88 70 12 08; Auto Additional Insured and Waiver of Subrogation form CA 88 10 01 10; Business Auto Coverage Form CA 00 01 03 06; WA Cancellation Provision IL 01 46 OB 10; OR Cancellation Provision IL 02 79 09 08. Excess Liability follows form to the General Liability and Auto Liability policies. City of Kent is additional insured per forms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 5821 South 240th Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD i Liberty Mutual. COMMERCIAL AUTO INSURANCE CA00010306 Policy#BAS55710276 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION 1 — COVERED AUTOS Read the entire policy carefully to determine rights, duties and what is and is not covered. Item Two of the Declarations shows the ,autos" that are covered "autos" for each of your coverages. Tho Throughout this policy the words "you" and "your" following numerical symbols describe the "autos" that refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next The words "we", "us" and "our" refer to the to a coverage on the Declarations designate the only Company providing this insurance, "autos" that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't Only own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private pas- Passenger senger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Other Than Pri- Liability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No-Fault benefits in the Subject To No- state where they are licensed or principally garaged. This includes those "autos" Fault you acquire ownership of after the policy begins provided they are required to have Nlo4ault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after insured Motor- the policy begins provided they are subject to the samo state uninsured motorists ists Law requirement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any Only "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (D ISO Properties, Inc., 2006 CA 00 01 03 06 Page 1 of 12 LP r In"i nou WWI MAI rena 11 Symbol Description Of Covered Auto Designation Symbols 9 Nonownod Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the defi- ment Subject To nition of "mobile equipment" under this policy if they were not subject to a Compulsory Or compulsory or financial responsibility law or other motor vehicle insurance law Financial Re- where they are licensed or principally garaged. sponsibility Or Other Motor Ve- hiclo Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION II — LIABILITY COVERAGE Begins A. Coverage 1. If Symbols 1, 2, 3, 4, 6, 6 or 19 are entered next to a coverage in Item Two of the Dec- We will pay all sums an Insured" legally must a es because "'of "bodily injury"larations, then you have coverage for pay as damages Y i " or 1 Y "autos" that you acquire of the type de- "property damage" to which this insurance ap- scribed for the remainder of the policy pe- plios, caused by an "accident"and resulting from riod. the ownership, maintenance or use of a covered "auto". 2. But, if Symbol 7 is entered next to a cover- age in Item Two of the Declarations, an We will also pay all sums an "insured" legally "auto" you acquire will be a covered "auto" must pay as a "covered pollution cost or for that coverage only if: expense"to which this insurance applies, caused a. We already cover all "autos" that u by an "accident" and resulting from the owner- Yo ship, maintenance or use of covered "autos". own for that coverage or it replaces an However, we will only pay for the "covered pol- "auto" you previously owned that had lution cost or expense" if there is either "bodily that coverage; and injury" or "property damage" to which this insur- b. You tell us within 30 days after you ac- ance applies that is caused by the same quire it that you want us to cover it for "accident". that coverage. We have the right and duty to defend any C. Certain Trailers, Mobile Equipment And Tem- "insured" against a "suit" asking for such dam- porary Substitute Autos ages or a "covered pollution cost or expense". However, we have no duty to defend any If Liability Coverage is provided by this Coverage "insured" against a "suit" seeking damages for Form. the following typos of vehicles are also "bodily injury" or "property damage" or a covered "autos" for Liability Coverage: "covered pollution cost or expense" to which this 1. "Trailers" with a load capacity of 2,000 insurance does not apply. We may investigate pounds or loss designed primarily for travel and settle any claim or "suit" as we consider on public roads. appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance 2. "Mobile equipment" while being carried or has been exhausted by payment of judgments or towed by a covered "auto". settlements. 3. Any "auto" you do not own while used with 1. Who Is An Insured the permission of its owner as a temporary substitute for a covered "auto" you own that The following are "insureds": is out of service because of its: a. You for any covered "auto". a, Breakdown; b. Anyone else while using with your per- Repair; mission a covered "auto" you own, hire or borrow except: c. Servicing; (1) The owner or anyone else from d. "Lass"; or whom you hire or borrow a covered e. Destruction. Pogo 2 of 12 "auto". This exception does not ap- the "insured" we defend, but our ply if the covered "auto" is a duty to pay interest ends when we "trailor" connected to a covered have paid, offered to pay or depos- "auto" you own. iced in court the part of the judgment that is within our Limit of Insurance. (2) Your "employee" if the covered "auto" is owned by that "employee" These payments will not reduce the or a member of his or her fuse- Limit of Insurance. hold. b. out-Of-Stale Coverage Extensions (3) Someone using a covered "auto" While a covered "auto" is away from while he or she is working in a bu- the state where it is licensed we will: sinoss of selling, servicing, repair- ing, parking or storing "autos" (1) Increase the Limit of Insurance for unless that business is yours. liability Coverage to meet the limits (4) Anyone other than your specified by a compulsory or finan- cial responsibility law of the jurisdc- "employees", partners (if you area tion where the covered "auto" is partnership), members (if you are a being used. This extension does not limited liability company), or a les- apply to the limit or limits specified see or borrower or any of their by any law governing motor carriers "employees", while moving prop- of passengers or property. erty to or from a covered "auto". (2) Provide the minimum amounts and (6) A partner (if you are a partnership), types of other coverages, such as or a member (if you are a limited li- no-fault, required of out-of-state vo- ability company) for a covered hicles by the jurisdiction where the "auto" owned by him or her or a covered "auto" is being used. member of his or her household. We will not pay anyone more than once C. Anyone liable for the conduct of an for the same elements of loss because "insured" described above but only to of these extensions. the extent of that liability. 2. Coverage Extensions S. Exclusions a. Supplementary Payments This insurance does not apply to any of the fol- lowing: We will pay for the "insured": 1. Expected Or Intended Injury (1) All expenses we incur. "Bodily injury" or "property damage" ox- (2) Up to $2,000 for cost of bail bonds petted or intended from the standpoint of the (including bonds for related traffic "insured". law violations) required because of an "accident" we cover. We do not 2. Contractual have to furnish these bonds. liability assumed under any contract or (3) The cost of bonds to release at- agreement. tachments in any "suit" against the But this exclusion does not apply to liability "insured" we defend, but only for for damages: bond amounts within our Limit of In- surance. a. Assumed in a contract or agreement that is an "insured contract" provided (4) All reasonable expenses incurred by the "bodily injury" or "property the "insured" at our request, in- damage" occurs subsequent to the ex- cluding actual loss of earnings up to ecution of the contract or agreement; or $250 a day because of time off from —_ work. b. That the `insured" would have in the absence of the contract or agreement. (6) All costs taxed against the "insured" in any "suit" against the 3. Workers' Compensation C "insured" we defend. Any obligation for which the "insured" or the (6) All interest on the full amount of any "insured's" insurer may be held liable under judgment that accrues after entry of any workers' compensation, disability bona- the judgment in any "suit" against fits or unemployment compensation law or any similar law. Pa CA DO 01 03 06 9e 3 of 12 LP r,io-at-aA�rtram oen3opo�.i 4. Employee Indemnification And Employ- s. Movement Of Property By Mechanical er's Llablllty Device "Bodily injury" to: "Bodily injury" or "property damage" result- 2. An 'employee" of the "insured" arising ing from the movement of property by a me- out of and in the course of: chanical device (other than a hand truck) unless the devico is attached to the covered (1) Employment by the "insured"; or "auto". (2) Performing the duties related to the 9. Operations conduct of the "insured's" busi- "Bodily injury" or "property damage" arising noss; or out of the operation of: b. Tho spouse, child, parent, brother or a. Any equipment listed in Paragraphs 6.b. sister of that "employee" as a conse- and 6.c. of the definition of "mobile quenco of Paragraph a. above. equipment"; or This exclusion applies: b. Machinery or equipment that is on, at- (1) Whether the "insured" may be lia- tached to, or part of, a land vehicle that ble as an employer or in any other would qualify under the definition of capacity; and "mobile equipment" if it were not sub- (2) To any obligation to share damages ject to a compulsory or financial re- with or repay someone else who sponsibility law or other motor vehicle must pay damages because of the insurance law where it is licensed or injury. principally garaged. But this exclusion does not apply to "bodily 10. Completed Operations injury" to domestic "employees" not entitled "Bodily injury" or "property damage" arising to workers' compensation benefits or to li- out of your work after that work has boon ability assumed by the "insured" under an completed or abandoned. "insured contract". For the purposes of the In this exclusion, your work moans: Coverage Form, a domestic employee is a person engaged in household or domestic a. Work or operations performed by you work performed principally in connection with or on your behalf; and a residence premises. b. Materials, parts or equipment furnished 5. Fellow Employee in connection with such work or oper- "Bodily injury" to any fellow "employoo" of ations. the "insured" arising out of and in the course Your work includes warrantios or represen- of the fellow "employeo's" employment or tations made at any time with respect to the while performing duties related to the con- fitness, quality, durability or performance of duct of your business. any of the items included in Paragraph a. or S. Care, Custody Or Control b. above. "Property damage" to or "covered pollution Your work will be deemed completed at the cost or expense" involving property owned earliest of the following times: or transported by the "insured" or in the (1) When all of the work called for in "insured's" care, custody or control. But this your contract has been completed. exclusion does not apply to liability assumed (2) When all of the work to be done at under a sidetrack agreement. the site has been completed if your 7. Handling Of Property contract calls for work at more than "Bodily injury" or "property damage" result- one site. ing from the handling of property: (3) When that part of the work done at a. Before it is moved from the place where a job site has been put to its in- it is accepted by the "insured" for tended use by any person or organ- movement into or onto the covered ization other than another contractor "auto"; or or subcontractor working on the same project. b. After it is moved from the covered Work that may need service, maintonance, "auto" to the place where it is finally correction, repair or replacement, but which delivered by the insured". Page 4 of 12 is otherwise complete, will be treated as "insured" with respect to "pollutants" not in completed. or upon a covered "auto" if: 11. Pollution (1) The "pollutants" or any property in "Bodily injury" or "property damage" arising which the pollutants" are contained are upset, overturned or damaged out of the actual, alleged or threatened dis- as a result of the maintenance or charge, dispersal, seepage, migration, re- use of a covered "auto"; and lease or escape of "pollutants": a. That are, or that are contained in any (2) The discharge, dispersal, seepage, migration, release or escape of the property are, that is: pollutants is caused directly by (1) Being transported or towed by, such upset, overturn or damage. handled, or handled for movement 12. War into, onto or from, the covered "auto°; 'Bodily injury" or "property damage" arising (2) Otherwise in the course of transit directly or indirectly out of: by or on behalf of the "insured"; or a. War, including undeclared or civil war, (3) Being stored, disposed of, treated b. Warlike action by a military force, in- or processed in or upon the covered cluding action in hindering or defending "auto"; against an actual or expected attack,by any government, sovereign or other au- b. Before the "pollutants" or any property thorny using military personnel or other in which the "pollutants" are contained agents; or are moved from the place where they aro accepted by the "insured" for c. Insurrection, rebellion, revolution, movement into or onto the covered usurped power, or action taken by gov- "auto"; or ernmental authority in hindering or de- c. After the "pollutants" or any property in fending against any of these. which the "pollutants" are contained are 13. Racing moved from the covered "auto" to the Covered "autos" while used in any profes- place where they are finally delivered, sional or organized racing or demolition con- disposed of or abandoned by the test or stunting activity, or while practicing "insured". for such contest or activity. This insurance Paragraph a. above does not apply to fuels, also does not apply while that covered lubricants, fluids, exhaust gases or other "auto" is being prepared for such a contest similar 'pollutants" that are needed for or or activity_ result from the normal electrical, hydraulic or mechanical functioning of the covered C Limit of Insurance "auto" or its parts, if: Regardless of the number of covered "autos", (1) The "pollutants" escape, seep, mi- "insureds", premiums paid, claims made or ve- grate, or are discharged, dispersed hicles involved in the "accident", the most we or released directly from an "auto" will pay for the total of all damages and "covered part designed by its manufacturer to pollution cost or expense" combined, resulting hold, store, receive or dispose of from any one "accident" is the Limit of Insurance such 'pollutants"; and for Liability Coverage shown in the Declarations. (2) The "bodily injury", `property All "bodily injury", "property damage" and damage" or "covered pollution cost "covered pollution cost or expense' resulting or oxponse" does not arise out of from continuous or repeated exposure to sub- now the oporation of any equipment stantially the same conditions will be considered listed in Paragraphs e.b, and e.c. of as resulting from one "accident". the definition of "mobile No one will be entitled to receive duplicate pay- equipment". ments for the same elements of "loss" under this Paragraphs b. and c. above of this exclusion Coverage Form and any Medical Payments Cov- do not apply to "accidents" that occur away erage Endorsement, Uninsured Motorists Cover- from premises awned by or rented to an age Endorsement or Underinsured Motorists Coverage Endorsement attached to this Cover- age Part. CA 00 0103 OB Page b of 17 EP r I0 21 PRINr001-060W2OU SECTION III — PHYSICAL DAMAGE COVERAGE 4. Coverage Extensions A. Coverage a. Transportation Expenses 1. We will pay for "loss" to a covered "auto" We will pay up to$20 per day to a maximum or its equipment under; of $600 for temporary transportation expense incurred by you because of the total theft of a. Comprehensive Coverage a covered "auto" of the private passenger From any cause except: type. We will pay only for those covered "autos" for which you carry either Compre- (1) The covered "auto's" collision with hensive or Specified Causes of Loss Cover- another object; or age. We will pay for temporary transportation (2) The covored "auto's" overturn. expenses incurred during the period begin- ning 48 hours after the theft and ending, re- b. Specified Causes Of Loss Coverage gardloss of the policy's expiration, when the Caused by: covered "auto" is returned to use or we pay (1) Fire, lightning or explosion; for its "loss". (2) Theft; b. Loss Of Use Expenses (3) Windstorm, hail or earthquake; For Hired Auto Physical Damage, we will pay expanses for which an (4) Flood; "insured" becomes legally responsiblo (5) Mischief or vandalism; or to pay for loss of use of a vehicle rented or hired without a driver, under a written (6) The sinking, burning, collision or rental contract or agreement. We will derailment of any conveyance pay for loss of use expenses if caused transporting the covered "auto". by, c Collision Coverage (1) Other than collision only if the Dec- Caused by, larations indicate that Comprehen- sive Coverage is provided for any (1) The covered "auto's" collision with covered "auto"; another object; or (2) Specified Causes Of Loss only if the (2) The covered "auto's" overturn. Declarations indicate that Specified 2. Towing Causes Of Loss Coverage is pro- vidod for any covered "auto"; or We will pay up to the limit shown in the in- Declarations for towing and labor casts in- (3) Collision only if the Declarations dicate that Collision Covorage is curred each time a covered "auto" of the provided for any covered "auto". private passenger typo is disabled. However, the labor must be performed at the place of However, the most we will pay for any disablement. expenses for loss of use is$20 per day, 3. Glass Breakage — Hitting A Bird Or Ani- to a maximum of $600. mal — Falling Objects Or Missiles B. Exclusions If you carry Comprehensive Covorage for the 1. We will not pay for "loss" caused by or re- damaged covered "auto", we will pay for the sulting from any of the following. Such "loss" following under Comprehensive Coverage; is excluded regardless of any other cause or a. Glass breakage; event that contributes concurrently or in any sequence to the "loss". b. "Loss" caused by hitting a bird or ani- a. Nuclear Hazard mal; and c. "Loss" caused by falling objects or (1) The explosion of any weapon em- missiles. ploying atomic fission or fusion; or However, you have the option of having (2) Nuclear reaction or radiation, or ra- glass breakage caused by a covered dioactive contamination, however "auto's" collision or overturn considered a caused. "loss" under Collision Coverage. Pago 6 of 12 b. War Or Military Action Exclusions 4.c. and 4.d. do not apply to: (1) War, including undeclared or civil a. Equipment designed solely for the re- war; production of sound and accessories (2) Warlike action by a military force, used with such equipment, provided including action in hindering or de- such equipment is permanently installed fending against an actual or ex- in the,covered auto at the time of the ected attack, by any government, loss or such equipment is removable p from a housing unit which is perma- sovereign or other authority using neatly installed in the covered "auto" at military personnel or other agents; the time of the "loss", and such equip- or ment is designed to be solely operated (3) Insurrection, rebellion, revolution, by use of the power from the "auto's" usurped power or action taken by electrical system, in or upon the cov- governmental authority in hindering erod "auto"; or or defending against any of these. b. Any other electronic equipment that is: 2. We will not pay for "loss" to any covered t1) Necessary for the normal operation "auto" while used in any professional or or- of the covered "auto" or the moni- ganized racing or demolition contest or toring of the covered "auto's" oper- stunting activity, or while practicing for such ating system; or contest or activity. We will also not pay for "loss" to any covered "auto" while that cov- (2) An integral part of the same unit ered "auto" is being prepared for such a housing any sound reproducing contest or activity. equipment described in Paragraph 3. We will not pay for "loss" caused by or re- a. above and permanently installed sulting from any of the following unless in the opening of the dash or con- caused by other "loss" that is covered by sole of the covered "auto" normally this insurance: used by the manufacturer for instal- lation of a radio. a. Wear and tear, freezing, mechanical or g. We will not pay for "loss" to a covered electrical breakdown. -auto" due to "diminution in value". b. Blowouts, punctures or other road dam- age to tires. C. Limit Of Insurance 4. We will not pay for "loss" to any of the fol- 1. The most we will pay for "loss" in any one lowing: "accident" is the lesser of: a. Tapes, records, discs or other similar a. The actual cash value of the damaged audio, visual or data electronic devices or stolen property as of the time of the designed for use with audio, visual or "loss": or data electronic equipment_ b. The cost of repairing or replacing the b. Any device designed or used to detect damaged or stolen property with other - speed measuring equipment such as property of like kind and quality. radar or laser detectors and any jam- 2, An adjustment for depreciation and physical ming apparatus intended to elude or condition will be made in determining actual disrupt speed measurement equipment. cash value in the event of a total "loss". c. Any electronic equipment, without re- 3. If a repair or replacement results in better gard to whether this equipment is per- than like kind or quality, we will not pay for manently installed, that receives or the amount of the betterment. transmits audio, visual or data signals and that is not designed solely for the D. Deductible reproduction of sound. For each covered "auto", our obligation to pay d. Any accessories used with the elec- for, repair, return or replace damaged or stolen tronic equipment described in Para- property will be reduced by the applicable de- graph c.above. ductible shown in the Declarations. Any Compre-hensive Coverage deductible shown in the -- Declarations does not apply to "loss" caused by fire or lightning. CA 00 01 03 06 Page 7 of 12 EP r.n n ""iuim . _mm i SECTION IV — BUSINESS AUTO CONDITIONS (4) Authorize us to obtain medical ro- cords or other pertinent information. The following conditions apply in addition to the Common Policy Conditions: (5� Submit to examination, at our ex- pense, by physicians of our choice, A. Loss Conditions as often as we reasonably require. 1. Appraisal For Physical Damage Loss C. If there is 'loss" to a covered "auto" or its equipment you must also do the fol- If you and we disagree on the amount of lowing: "loss", either may demand an appraisal of the "loss". In this event, each party will se- (1) Promptly notify the police if the loct a competent appraiser. The two ap- covered "auto" or any of its equip- praisers will select a competent and impartial mont is stolen. umpire. The appraisers will state separately (2) Take all reasonable steps to protect the actual cash value and amount of "loss". the covered "auto" from further h they fail to agree, they will submit their dif• damage. Also keep a record of your feroncos to the umpire. A decision agreed to expenses for consideration in the by any two will be binding. Each party will: settlement of the claim. a. Pay its chosen appraiser; and (3) Permit us to inspect the covered b. Bear the other expenses of the ap- "auto" and records proving the praisal and umpire equally. "loss" before its repair or disposi- tion. If we submit to an appraisal, we will still re- tain our right to deny the claim. (4) Agree to examinations under oath at our request and give us a signed 2. Dulles In The Event Of Accident, Claim, statement of your answers. Suit Or Loss We have no duty to provide coverage under 3. Legal Action Against Us this policy unless there has been full cornpli- No one may bring a legal action against us anco with the following duties: under this Coverage Form until; There has been full compliance a. In the event of "accident", claim, "suit" a. the terms of this Coverageiance with all Form; and or "loss", you must give us or our au- thorized representative prompt notice of b. tinder Liability Covorago, we agree in the "accident" or "loss". Include: writing that the "insured" has an obli- (1) How, when and where the gation to pay or until the amount of that "accident" or "loss" occurred; obligation has finally been determined 2 The "insured's" name and address; by judgment after trial. No one has the ( ) right under this policy to bring us into an and action to determine the "insurod's" li- (3) To the extent possible, the names ability. X and addresses of any injured per- 4. Loss Payment — Physical Damage Cov- sons and witnesses. erages b. Additionally, you and any other involved At our option we may: "insured" must: a. Pay for, repair or replace damaged or (1) Assume no obligation, make no stolen property; payment or incur no expense with- out our consent, except at the b. Return the stolen property, at our ex- "insured's" own cost. pense. We will pay for any damago that results to the "auto" from the theft; or (2) Immediately send us copies of any request, demand, order, notice, c. Take all or any part of the damaged or summons or legal paper received stolen property at an agreed or ap- concerning the claim or "suit". praised value. (3) Cooperate with us in the investi- If we pay for the "loss", our payment will in- gation or settlement of the claim or dude the applicable sales tax for the dam- defense against the "suit". aged or stolen property. Page 8 of 12 3. Transfer Of Rights Of Recovery Against (1) Excess while it is connected to a Others To Us motor vehicle you do not own. If any person or organisation to or for whom (2) Primary while it is connected to a we make payment under this Coverage Form covered "auto' you own. has rights to recover damages from another, b, For Hired Auto Physical Damage Cov- those rights are transferred to us. That per- erage, any covered "auto" you lease, son or organization must do everything nec- hire, rent or borrow is deemed to be a essary to secure our rights and must do covered "auto" you own. However, any nothing after "accident" or "loss" to impair "auto" that is leased, hired, rented or them. borrowed with a driver is not a covered B. General Conditions "auto". 1. Bankruptcy c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Bankruptcy or insolvency of the "insured" or Liability Coverage is primary for any li- the "insurod's" estate will not relieve us of ability assumed under an "insured any obligations under this Coverage Form. contract". 2. Concealment, Misrepresentation Or d. When this Coverage Form and any Fraud other Coverage Form or policy covers This Coverage Form is void in any case of on the same basis, either excess or pri- fraud by you at any time as it relates to this mary, we will pay only our share. Our Coverage Form. it is also void if you or any share is the proportion that the Limit of other "insured", at any time, intentionally Insurance of our Coverage Form bears conceal or misrepresent a material fact con- to the total of the limits of ail the Cover- cerning: age Forms and policies covering on the same basis. a. This Coverage Form; S. Premium Audit b. The covered "auto"; a. The estimated premium for this Cover- c. Your interest in the covered "auto"; or age Form is based on the exposures d. A claim under this Coverage Form. you told us you would have when this policy began. We will compute the final 3. Liberalization premium due when we determine your If we revise this Coverage Form to provide actual exposures. The estimated total more coverage without additional premium premium will be credited against the fi- charge, your policy will automatically provide nal premium due and the first Named the additional coverage as of the day the re- Insured will be billed for the balance, if vision is effective in your state. any. The due date for the final premium or retrospective premium is the date 4. No Benefit To Ballee — Physical Damage shown as the due date on the bill. If the Coverages estimated total premium exceeds the fi- w nal premium due, the first Named In- We will not recognize any assignment or sured will get a refund. grant any coverage for the benefit of any person or organization holding, storing or b. If this policy is issued for more than one transporting property for a fee regardless of year, the premium for this Coverage any other provision of this Coverage Form. Form will be computed annually based on our rates or premiums in effect at the 5. Other insurance beginning of each year of the policy. a. For any covered "auto" you own, this 7 Policy Period, Coverage Territory Coverage Form provides primary insur- ance. For any covered "auto" you don't Under this Coverage Form, we cover own, the insurance provided by this "accidents" and "losses" occurring: Coverage Form is excess over any a. During the policy period shown in the other collectible insurance. However, Declarations; and t� while a covered "auto" which is a "trailer" is connected to another vehicle, b. Within the coverage territory. the Liability Coverage this Coverage The coverage territory is: Form provides for the "trailer" is: a. The United States of America: CA 00 01 03 06 Page 9 of 12 EP r m-A PwtuTfynxr41; 1i I b. The territories and possessions of the D. "Covered pollution cost or expense" moans any United States of America; cost or expense arising out of: C. Puerto Rico; 1. Any request, demand, order or statutory or d. Canada; and regulatory requirement that any "insured" or others test for, monitor, clean up, remove, e. Anywhere in the world if: contain,treat, detoxify or neutralize, or in any (1) A covered "auto" of the private way respond to, or assess the effects of "pollutants"; or passenger type is leased, hired, rented or borrowed without a driver 2. Any claim or "suit" by or on behalf of a gov- for a period of 30 days or less; and ornmental authority for damages because of (2) The "insured's" rosponsibility to testing for, monitoring, cleaning up, remov- pay damages is determined in a ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to or "suit" on the m©tits, in the United States of America, the territories assessing the effects of "pollutants". and possessions of the United "Covered pollution cost or expense" does not States of America, Puerto Rico, or include any cost or expense arising out of the Canada or in a settlement we agree actual, alleged or threatened discharge, dis- co. porsal, seepage, migration, release or escape of We also cover "loss" to, or "accidents" in- "pollutants": volving, a covered "auto" while being trans- a. That are, or that are contained in any ported between any of these places, property that is: 8. Two Or More Coverage Forms Or Pall- (1) Being transported or towed by, cles Issued By Us handled, or handled for movement If this Coverage Form and any other Cover- into, "onto or from the covered age Form or policy issued to you by us or auto ; any company affiliated with us apply to the (2) Otherwise in the course of transit same "accident", the aggregate maximum by or on behalf of the "insured"; Limit of Insurance under all the Coverage (3) Being stored, disposed of, treated Forms or policies shall not exceed the high- or processed in or upon the covered est applicable Limit of Insurance under any "auto"; one Coverage Form or policy. This condition does not apply to any Coverage Form or b. Before the "pollutants" or any property policy issued by us or an affiliated company in which the "pollutants" are contained specifically to apply as excess insurance are moved from the place where they over this Coverage Form. are accepted by the "insured" for movement into or onto the covered SECTION V — DEFINITIONS "auto"; or A. "Accident" includes continuous or repeated ex- c. After the "pollutants" or any property in X posure to the same conditions resulting in "bodily which the "pollutants" are contained are injury" or "property damage". moved from the covered "auto" to the place where they are finally delivered, B. "Auto" means; disposed of or abandoned by the 1. A land motor vehicle, "trailer" or semitrailer "insured". designed for travol on public roads; or Paragraph a. above does not apply to 2. Any other land vehicle that is subject to a fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are compulsory or financial responsibility law or needed for or result from the normal other motor vehicle insurance law where it is electrical, hydraulic or mechanical func- tioning of the covered "auto" or its However, "auto" does not include "mobil: parts, if: equipment". (1) The "pollutants" escape, seep, mi- C. "Bodily injury" means bodily injury, sickness or grate, or are discharged, dispersed disease sustained by a person including death or released directly from an "auto" resulting from any of these. part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and Page loaf 12 (2) The "bodily injury", "property 6. That part of any contract or agreement en- damage" or "covered pollution cost tered into, as part of your business, pertain- or expense" does not arise out of ing to the rental or lease, by you or any of the operation of any equipment your "employees", of any "auto". However, listed in Paragraphs 6.b. or 6.c. of such contract or agreement shall not be the definition of "mobile considered an "insured contract" to the ex- equipment". tent that it obligates you or any of your Paragraphs b. and c. above do not ap- "employees" to pay for "property damage" ply to "accidents" that occur away from to any "auto" rented or leased by you or any premises owned by or rented to an of your "employees". "insured" with respect to "pollutants" An "insured contract" does not include that part not in or upon a covered "auto" it: of any contract or agreement: (1) The "pollutants" or any property in a. That indomnities a railroad for "bodily which the "pollutants" are contained injury" or "property damage" arising out are upset, overturned or damaged of construction or demolition operations, as a result of the maintenance or within 50 foot of any railroad property use of a covered "auto"; and and affecting any railroad bridge or (2) Tho discharge, dispersal, seepage, trestle, tracks, road-beds, tunnel, un- migration, release or escape of the dorpass or crossing; or "Pollutants" is caused directly by b. That portains to the loan, lease or rental such upset, overturn or damage. of an "auto" to you or any of your "employees", if the "auto" is leaned, E. "Diminution in value" means the actual or per- leased or rented with a driver; or ceived loss in market value or resale value which c. That holds a person or organization en- results from a direct and accidental "loss . gaged in the business of transporting F. "Employee" includes a "leased worker". property by "auto" for hire harmless for "Employee" does not include a "temporary your use of a covered "auto" over a worker". route or territory that person or organ- ization is authorized to serve by public G. "Insured" means any person or organization authority. qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with I. "Leased worker" moans a person leased to you respect to the Limit of Insurance, the coverage by a labor leasing firm under an agreement be- afforded applies separatoly to each insured who tween you and the labor leasing firm, to perform is seeking coverage or against whom a claim or duties related to the conduct of your business. "suit" is brought. "Leased worker" does not include a "temporary worker". H. "insured contract" means: 1. A lease of remises; J. "Loss" means direct and accidental loss or p damage. 2. A sidetrack agreement; K. "Mobile equipment" means any of the following 3. Any easement or license agreement, except types of land vehicles, including any attached in connection with construction or demolition machinery or equipment: operations on or within 50 foot of a railroad; 1. Bulldozers, farm machinery, forklifts and 4. An obligation, as required by ordinance, to other vehicles designed for use principally .:.. indemnify a municipality, except in con- off public roads; nection with work for a municipality; 2. Vehicles maintained for use solely on or next 5. That part of any other contract or agreement to premises you own or rent; pertaining to your business (including an in- demnification of a municipality in connection 3. Vehicles that travel on crawler treads; with work performed for a municipality) under 4. Vehicles, whether self-propelled or not, which you assume the tort liability of another maintained primarily to provide mobility to to pay for "bodily injury" or "property permanently mounted: damage" to a third party or organization. Tort liability means a liability that would be inn- posed a. Power cranes, shovels, loaders, diggers posed by law in the absence of any contract or drills; or or agreoment; CA 00 01 03 05 Pap 11 of 12 LP r rn m 00 Im-rum nef 9 l b. Road construction or resurfacing equip- compulsory or financial responsibility law or ment such as graders, scrapers or roll- other motor vehicle insurance law whore it is ors. licensed or principally garaged. Land vehi- cles subject to a compulsory or financial re- 5. Vehicles not described in Paragraph 1., 2., spansibility law or other motor vehicle 3., or 4, above that are not sett-propelled and insurance !aware considered "autos". are maintained primarily to provide mobility to permanently attached equipment of the L. "Pollutants" means any solid, liquid, gaseous or following typos: thermal irritant or contaminant, including smoke, a. Air compressors, pumps and gonera- vapor, soot, fumes, acids, alkalis, chemicals and tars, including spraying, welding, build- waste. Waste includes materials to be recycled, ing cleaning, geophysical exploration, reconditioned or reclaimed. lighting and well servicing equipment; M. "Property damage" means damage to or loss of or use of tangible property. b. Cherry pickers and similar devices used to raise or lower workers. N. "Suit" moans a civil proceeding in which: 6. Vehicles not described in Paragraph 1., 2, 1. Damages because of "bodily injury" or 3. or 4. above maintained primarily for pur- "property damage"; or poses other than the transportation of per- Z A "covered pollution cost or expense", sons or cargo. However, self-propelled vehicles with the following types of perma- to which this insurance applies, are alleged. nently attached equipment are not "mobile "Suit" includes: equipment" but will be considered "autos": a. An arbitration proceeding in which such a. Equipment designed primarily for: damages or "covered pollution costs or (1) Snow removal; expenses" are claimed and to which the (2) Read maintenance, but not con- "insured" must submit or does submit with our consent; or struction or resurfacing; or (3) Street cleaning; b. Any other alternative dispute resolution proceeding in which such damages or b. Cherry pickers and similar devices "covered pollution costs or expenses" mounted on automobile or truck chassis are claimed and to which the insured and used to raise or lower workers; and submits with our consent. c. Air compressors, pumps and genera- Q. "Temporary worker" moans a person who is fur- tors, including spraying, welding, build- nished to you to substitute for a permanent ing cleaning, geophysical exploration, "employee" on leave or to moot seasonal or lighting or well servicing equipment. short-term workload conditions. However, "mobile equipment" does not in- P. "Trailer" includes semitrailer. elude land vehicles that are subject to a x M Page 12 of 12 COMMERCIAL GENERAL LIABILITY Policy#BKS55710276 CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 s LIBERALIZATION CLAUSE 7 s BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and ® 4. It is not being used to carry persons or property for a charge. o However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: t= This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and n (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) b If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n, do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection Sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following.- (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B,Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: s d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury' or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: 0 (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, " hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or "—' (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by ry the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. x s With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. s The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. 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Ieuolllppe ayl 01 pap!Aoid aBeJanoo 11 :aoueansul j0 s;!w!-1- III uopaS of pappe sl Bu!mopol ayl `spainsui leuo!l!ppe asayl of papiolle aoueansui ayl of loadsaj yl!M '£ ,Ao!lod slyl 10 :ped a apew pue sn Aq pans -sl luawes]opua SIIOlad211NOa NO S33SS31 'S213NMO- c3'dnSNl IVNOI110QV alejedas a Aq suo!leaado 6u!o6uo jol paansui leuog!ppe ue se paleu6isap Alleog!oads uollezlueblo jo uosied Auy •a -loefoid awes ayl to lied a se lediouud a aol suo!lejado 6u!wippad ui pa6e6ua joloeiluoogns ao aoloelluoo Jayloue ueyl Jaylo uollezlueBao jo uosiad Aue Aq asn papualui sl! of lnd uaaq sey sasue a6ewep jo tinfui ayl yo!ym 10 lno „Tom inoA,, 10 uo!liod leyl (Z) jo 'palaldwoo uaaq sey suo!leaado paJanoo ayl 10 uo!leool ayl le (s)pamsui leuo!l!ppe ayl 10 11eyaq uo jo Aq pawaolaad aq of (sjiedej jo aoueualu!ew 'ao!Aias ueyl jaylo) loafoid ayl uo 'Miom yons yl!m uolloauuoo ul paysluml luawd!nba io shed 'sleualew Bu!pnlou! 'liom IIV (6) :aalle Buwn000 „a6ewep Aljadoid„ ao „finfui Aj!Pog, -p 'saouuas BuiAe/uns ao Buuaauifte 'lejnloal!yoje leuolssaloid Aue 'japuai of aml!e1 ayl jo 'jo buuapuaJ ayl panlonul '„tinfu! 6ulsgJanpe pue leuosiad„ ayl pasnea yo!ym asuallo ayl jo '„a6ewep Aliedoid„ jo „tinfu! Al!poq. ayl pasneo yolym „aouej -in000„ ayl 1! 'painsui leyl Aq sjeglo 10 Buuol!uow jo Bululell 'luawAoldwa 'Bu!a!y 'uolsimadns ayl u! bulopbuoam Jaylo ao aouaBllbau a6alle pamsu! !ue lsule6e swlelo ayl 11 uana sa!ldde uo!snloxa s!yl -sag!Apoe 6uuaaulBu9 ao leinloapgoje 'uo!loadsu! 'tioslAaadnS (Z) ao 'suoge goads pue sbu!meip jo siapio abueyo 'siapio plag 'sAaA]ns 'spodai 'suo!u!do 'sbulmeip dogs 'sdew 'anoidde io ajedaid of Bull!e1 ao '6ulnoidde 'Bulledald ayl (6) :6ulpnpu! 'saowas 6uiAanjns ao 6upeauibue 'leanloal!yoje leuo!ssaloid Aue 'japuej of aanl!el ayl jo '10 Bu! -japuej ayl to lno 6u!sue „rGnfui 6uisllJanpe pue leuosied„ jo „aBewep Apadoid„ '„Alnful Al!po8„ •o *san000 „96ewep A:padoid„ ao „Ajnful Al!poq„ yons ajaym uo!leool ayl le suo!lejado bu!ouawwoo not of joud sin000 leyl „a6ewep ,gjadoid„ ao „tinfu! Al!po8„ •q -paansui leuo!l!ppe ayl 10 aouaBij6au alos ayl woal Bulsue „aBewep f4iodoid„ jo „Ainful I(I!poe„ e :ol Aidde lou saop aouemsu! s!yl :fi4ll!ge11 a6eweQ A:padoJd pud Ainful Allpoe-V a6Mn03. 1 uo!;aag japun suo!snlax3 •Z ydejBeled 01 pappe We Bwmollol ayl 'luawasiopua siyl Aq pap!Aoid aoueinsui ayl of loadsai OM 'Z b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the o additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. n 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: Q An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; I3=1 b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer s workers" while performing duties related to the conduct of your business, (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; g (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or b "employee". s N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is g effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property, Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Q ® Under Section IV - Commercial General Liability Conditions, the following is added to Condition S. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we g make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you h waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 13 r 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 Policy#BKS55710276 COMMERCIAL GENERAL LIABILITY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization with whom you have a written contract or agreement, executed prior to the"bodily injury"or"property damage", that requires you to waive your rights of recovery. Information required o complete this Schedule, if not own above, will e shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or or4aoi7ation chnwn in tha Schedule above. CG 24 04 06 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 O Policy#BKS55710276 COMMERCIAL GENERAL LIABILITY CG Its 6012 08 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. EACH LOCATION GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I- Coverage C Medical Payments,which can be attributed only to operations at a single "location" owned by or rented to you: 1. A separate Each Location General Aggregate Limit applies to each "location",and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Each Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of"bodily injury" or "property damage" included in the "products-completed operations hazard",and for medical expenses under Coverage C regard- less of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Each Location Gene-,al Aggregate Limit for that "location". Such payments shall not reduce the General Aggregate Limit shown In the Declarations nor shall they reduce any other Each Location General Aggregate Limit for any other"location". 4. The limits shown In the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Each Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments,which cannot be attrib- uted only to operations at a single"location"owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Each Location General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided,any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Each Location General Aggregate Limit. D. For the purposes of this endorsement,the following definition is added to Section V-Definitions: "Location" means premises Involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway,waterway or right-of-way of a railroad. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 88 60 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1 Policy#BKS55710276 COMMERCIAL GENERAL LIABILITY CG 88 7012 08 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endowsement-modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises ownecl by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages undei Coverage A, except damages becau of "bodily Injury" or "pFepeny damage" included in the "products-completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Pei sons oi orga nizaftns�-ma'king clal ms or bring ing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4 The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the"products-completed operations hazard" is provided,any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, e aye , or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. E. The provisions of Section III - !-units Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1 Policy#BAS55710276 COMMERCIAL AUTO CA 8810 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS(including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN /LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II —LIABILITY COVERAGE, paragraph A.1.—WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured"does not include any organization that: (1) Is a partnership or joint venture;or (2) Is an insured under any other automobile policy;or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company.All rights reserved_ CA 8810 01 10 Includes copyrighted material of Insurance Services Office,with its permission_ Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II —LIABILITY COVERAGE, paragraph AA. —WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee"of yours while using a covered "auto"you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II —LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or"property damage"caused by an "accident"which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to$500 a day because of time off from work. S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II — LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the "bodily injury"results from the use of a covered "auto"you own or hire. SECTION III— PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any"auto"you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or 02010 Liberty Mutual Insurance Company. All rights reserved. CA 8810 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 2 of 7 b. Your"employee" hires or rents under a written contract or agreement in that"employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss"in any one "accident"or"loss"is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own. D. Subject to a maximum of$750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident', you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver; or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type,"light truck"or"medium truck" is disabled: a. For private passenger type vehicles,we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. c. For"medium trucks" ,we will pay up to$150 per disablement. "Medium trucks"are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III—PHYSICAL DAMAGE COVERAGE,A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident"or"loss"to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle,which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other"autos" available for your use and operation cannot fill. e. If"loss"results from the total theft of a covered "auto"of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects"as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A, COVERAGE, we will pay for the expense of returning a stolen covered"auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that"auto" is stolen, we will pay, without application of a deductible, up to $600 for"personal effects"stolen with the"auto," The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V— DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects"mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools,equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III—PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals,whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto"at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered"auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto"is subject at the time of the"loss"less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees;or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the`loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral,or lease written on the covered "auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 5 of 7 IS. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto"is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c_ Unoccupied. The"loss"must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any 'loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident", claim, "suit'or"loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership, 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How,when and where the"accident'or"loss"took place; (2) The"insureds"name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV—BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident'or "loss", our rights are waived also. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V—DEFINTIONS, definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury,shock,fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.— CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 7 of 7 Policy#BKS55710275 IL 01 46 08 10 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any 3. We may cancel the Commercial Property similar conditions in the policy that are less favor- Coverage Part and the Capital Assets Pro- able to the insured. gram (Output Policy) Coverage Part, if A. Cancellation made a part of this policy, by mailing or 1. The first Named Insured shown in the delivering to the first Named Insured and Declarations may cancel this policy by the first Named Insured's agent or broker notifying us or the insurance producer in written notice of cancellation at least five one of the following ways: days before the effective date of cancella- tion for any structure where two or more a. Written notice by mail, fax or e-mail; of the following conditions exist: b. Surrender of the policy or binder; or a. Without reasonable explanation, the c. Verbal notice. structure is unoccupied for more Upon receipt of such notice, we will can- than 60 consecutive days, or at least cel this policy or any binder issued as evi- 65% of the rental units are unoccu- dence of coverage, effective on the later pied for more than 120 consecutive of the following: days, unless the structure is main- a. The date on which notice is received tained for seasonal occupancy or is or the policy or binder is surren- under construction or repair; dered; or b. Without reasonable explanation, b. The date of cancellation requested progress toward completion of per- by the first Named Insured. manent repairs to the structure has not occurred within 60 days after re- 2. We may cancel this policy by mailing or ceipt of funds following satisfactory delivering to the first Named Insured and adjustment or adjudication of loss re- the first Named Insured's agent or broker sulting from afire; written notice of cancellation, including c. Because of its physical condition, the the actual reason for the cancellation, to structure is in danger of collapse; the last mailing address known to us, at least: d. Because of its physical condition, a le vacation or demolition order has a. 10 days before the effective date of cancellation if we cancel for nonpay- been issued for the structure, or it ment of premium; or has been declared unsafe in accor- dance with applicable law; b. 45 days before the effective date of e. Fixed and salvageable items have cancellation if we cancel for any oth- been removed from the structure, in- s er reason; dicating an intent to vacate the struc- except as provided in Paragraphs 3. and ture; 4. below. f. Without reasonable explanation, heat, water, sewer and electricity are not furnished for the structure for 60 consecutive days; or g. The structure is not maintained in substantial compliance with fire, safety and building codes. IL 01 46 08 10 © Insurance Services Office, Inc., 2010 Page 1 of 4 4. If: 7. If this policy is cancelled, we will send a. You are an individual; the first Named Insured any premium re- b. A covered auto you own is of the fund due. If we cancel, the refund will be "private passenger type"; and pro rata. If the first Named Insured can- cels, the refund will be at least 90/o of the c. The policy does not cover garage, pro rata refund unless the following ap- automobile sales agency, repair plies: shop, service station or public park- a. For Division Two - Equipment Break- ing place operations hazards; down, if the first Named Insured can- we may cancel the Commercial Auto- cels, the refund will be at least 75% mobile Coverage Part by mailing or of the pro rata refund. delivering to the first Named Insured and b. If. the first Named Insured's agent or broker written notice of cancellation, including (1) You are an individual; the actual reason for cancellation, to the (2) A covered auto you own is of the a last mailing address known to us: "private passenger type"; a. At least 10 days before the effective (3) The policy does not cover ga- date of cancellation if we cancel for rage, automobile sales agency, nonpayment of premium; or repair shop, service station or b. At least 10 days before the effective public parking place operations date of cancellation for any other rea- hazards; and son if the policy is in effect less than (4) The first Named Insured cancels; 30 days; or the refund will be not less than 90% c. At least 20 days before the effective of any unearned portion not exceed- date of cancellation for other than ing $100, plus 95% of any unearned nonpayment if the policy is in effect portion over $100 but not exceeding 30 days or more; or $500, and not less than 97% of any d. At least 20 days before the effective unearned portion in excess of $500. date of cancellation if the policy is in The cancellation will be effective even if effect for 60 days or more or is a re- we have not made or offered a refund. newal or continuation policy, and the 8. If notice is mailed, proof of mailing will reason for cancellation is that your be sufficient proof of notice. driver's license or that of any driver B. Changes who customarily uses a covered ,auto" has been suspended or The policy contains all the agreements be- revoked during policy period. tween you and us concerning the insurance 5. We will also mail or deliver to any mort- afforded. The first Named Insured shown in gage holder, pledgee or other person the Declarations is authorized to make shown in this policy to have an interest in changes in the terms of this policy with our any loss which may occur under this poli- consent. This policy's terms can be amended cy, at their last mailing address known to or waived only by endorsement issued by us s and made a part of this policy. us, written notice of cancellation, prior to the effective date of cancellation. If can- C. Examination Of Your Books And Records cellation is for reasons other than those We may examine and audit your books and contained in Paragraph A.3. above, this records as they relate to this policy at any notice will be the same as that mailed or time during the policy period and up to three delivered to the first Named Insured. If years afterward. cancellation is for a reason contained in D. Inspection And Surveys Paragraph A.3. above, we will mail or de- 1. We have the right to: liver this notice at least 20 days prior to the effective date of cancellation. a. Make inspections and surveys at any 6. Notice of cancellation will state the effec- time; tive date of cancellation. The policy pe- b. Give you reports on the conditions riod will end on that date. we find; and c. Recommend changes. Page 2 of 4 0 Insurance Services Office, Inc., 2010 IL 01 46 08 10 2. We are not obligated to make any inspec- G. Nonrenewal tions, surveys, reports or recommenda- 1. We may elect not to renew this policy by tions, and any such actions we do under- mailing or delivering written notice of take relate only to insurability and the nonrenewal, stating the reasons for premiums to be charged. We do not nonrenewal, to the first Named Insured make safety inspections. We do not un- and the first Named Insured's agent or dertake to perform the duty of any person broker, at their last mailing addresses or organization to provide for the health known to us. We will also mail to any or safety of workers or the public. And we mortgage holder, pledgee or other per- do not warrant that conditions: son shown in this policy to have an inter- a. Are safe or healthful; or est in any loss which may occur under b. Comply with laws, regulations, this policy, at their last mailing address codes or standards. known to us, written notice of 3. Paragraphs 1. and 2. of this condition ap- nonrenewal. We will mail or deliver these ply not only to us, but also to any rating, notices at least 45 days before the: advisory, rate service or similar organiza- a. Expiration of the policy; or tion which makes insurance inspections, b. Anniversary date of this policy if this surveys, reports or recommendations. policy has been written for a term of 4. Paragraph 2. of this condition does not more than one year. apply to any inspections, surveys, reports Otherwise, we will renew this policy un- or recommendations we may make rela- less: tive to certification, under state or mu- a. The first Named Insured fails to pay nicipal statutes, ordinances or regula- the renewal premium after we have tions, of boilers, pressure vessels or expressed our willingness to renew, elevators. including a statement of the renewal E. Premiums premium, to the first Named Insured The first Named Insured shown in the Dec- and the first Named Insured's insur- larations: ance agent or broker, at least 20 days 1. Is responsible for the payment of all pre- before the expiration date; miums; and b. Other coverage acceptable to the in- 2. Will be the payee for any return premi- sured has been procured prior to the ums we pay. expiration date of the policy; or F. Transfer Of Your Rights And Duties Under c. The policy clearly states that it is not This Policy renewable and is for a specific line, subclassification, or type of coverage Your rights and duties under this policy may that is not offered on a renewable ba- not be transferred without our written con- sis. sent except in the case of death of an individ- 2 It ual Named Insured. If you die, your rights and duties will be trans- ferred to your legal representative but only b. A covered auto you own is of the g while acting within the scope of duties as "private passenger type"; and your legal representative. Until your legal re- c. The policy does not cover garage, presentative is appointed, anyone having automobile sales agency, repair proper temporary custody of your property shop, service station or public park- will have your rights and duties but only with ing place operations hazards; respect to that property. IL 01 46 08 10 © Insurance Services Office, Inc., 2010 Page 3 of 4 the following applies to nonrenewal of b. We will not refuse to renew Liability the Commercial Automobile Coverage Coverage or Collision Coverage sole- Part in place of GA.: ly because an "insured" has submit- a. We may elect not to renew or con- ted claims under Comprehensive tinue this policy by mailing or Coverage or Towing And Labor Cov- delivering to you and your agent or erage. broker written notice at least 20 days c, If we fail to mail or deliver proper no- before the end of the policy period, tice of nonrenewal and you obtain including the actual reason for other insurance, this policy will end nonrenewal. If the policy period is on the effective date of that insur- more than one year, we will have the ance. right not to renew or continue it only at an anniversary of its original effec- tive date. If we offer to renew or con- tinue and you do not accept, this $ policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. m s s Page 4 of 4 © Insurance Services Office, Inc., 2010 IL 01 46 08 10 Policy#BKS55710276 IL 02 79 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERGEPART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common violation of the insurance laws Policy Condition is replaced by the following: of Oregon or any other state; or 2. If this policy has been in effect for: (7) Loss or decrease in reinsurance a. Fewer than 60 days and is not a re- covering the risk. newal policy, we may cancel for any c. 60 days or more or is a renewal poli- reason, cy, we may cancel for any other rea- b. 60 days or more or is a renewal poli- son approved by the commissioner cy, we may cancel only for one or by rule, but only with respect to in- more of the following reasons: surance provided under the follow- ing: (1) Nonpayment of premium; (2) Fraud or material misrepresenta- (1) A package policy that includes tion made by you or with your commercial property and com- knowledge in obtaining the poli- mercial liability insurance; cy, continuing the policy or in (2) Commercial Automobile Cover- presenting a claim under the age Part; policy; (3) Commercial General Liability (3) Substantial increase in the risk Coverage Part; of loss after insurance coverage (4) Commercial Property Coverage � has been issued or renewed, in- part - Legal Liability Coverage cluding but not limited to an in- Form; crease in exposure due to rules, legislation or court decision; (5) Commercial Property Coverage (4) Failure to comply with reason- Part - Mortgageholders Errors able loss control recommenda- And Omissions Coverage Form; tions; (6) Employment-related Practices (5) Substantial breach of contrac- Liability Coverage Part; tual duties, conditions or war- (7) Farm Coverage Part - Farm Li- ranties; ability Coverage Form; (6) Determination by the (8) Liquor Liability Coverage Part; commissioner that the continu- (9) Products/Completed Operations ation of a line of insurance or Liability Coverage Part; or class of business to which the (10) Medical Professional Liability policy belongs will jeopardize Coverage Part. our solvency or will place us in IL 02 79 09 08 @ISO Properties, Inc., 2007 Page 1 of 2 B. Paragraph 3. of the Cancellation Common However, if this policy is issued for a Policy Condition is amended by the addition term of more than one year and for addi- of the following: tional consideration the premium is guar- 3. We will mail or deliver to the first Named anteed, we may not refuse to renew the Insured written notice of cancellation, policy at its anniversary date. stating the reason for cancellation. Nonrenewal will not be effective until at C. The following is added to the Cancellation least 45 days after the first Named In- Common Policy Condition: sured receives our notice. 7. Number Of Days' Notice Of Cancellation: 2• Mailing Of Notices a. With respect to insurance provided a. If notice of cancellation or under 2.c.(1) through (10) above, nonrenewal is mailed, a post office cancellation will not be effective until certificate of mailing will be conclu- at least 10 working days after the sive proof that the first Named In- first Named Insured receives our no- sured received the notice on the third tice. calendar day after the date of the cer- tificate of mailing. n b. With respect to insurance other than that provided under 2.c.(1) through b. The following provision applies with (10) above, cancellation will not be respect to coverage provided under effective until at least: the Farm Coverage Part: (1) 10 days after the first Named In- If the first Named Insured has affir- sured receives our notice, if we matively consented to our use of an cancel for nonpayment of premi- electronic record to deliver notice of �— um; or cancellation or nonrenewal and has (2) 30 days after the first Named In- not withdrawn such consent, then sured receives our notice, if we the electronic record delivering no- cancel for any other reason. tice of cancellation or nonrenewal satisfies the requirement that the no- D. Paragraph 6, of the Cancellation Common tice of cancellation or nonrenewal be Policy Condition does not apply. provided, or made available, to the E. The following are added and supersede any first Named Insured in writing if we provision to the contrary: send the first Named Insured the 1. Nonrenewal electronic record with a request for a We may elect not to renew this policy by return receipt and we receive the re- mailing or delivering to the first Named turn receipt. If we do not receive the Insured, at the last mailing address return receipt, we may cancel or known to us, written notice of nonrenew the policy only after pro- nonrenewal before the: viding or delivering the notice of can- cellation or nonrenewal to the first a. Expiration date of the policy; or Named Insured in writing, subject to b. Anniversary date of the policy if the Paragraph 2.a. above. policy is written for a term of more " than one year or without a fixed ex- piration date. Rage 2 of 2 ©ISO Properties, Inc., 2007 IL 02 79 09 08