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HomeMy WebLinkAboutCAG2019-418 - Original - Holt Services, Inc. - Armstrong Well 2 Rehabilitation - 09/12/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management W A 5:1 I N G r o ry This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Bryan Bond Department. Public Works Date Sent: 9/16/19 Date Required: 9/19/19 To > Authorized Director or Designee Date of 0 N/A a to Sign: Council Qa Mayor Approval: Budget W20089 Grant? Yes W1 No Account Number: Type: N/A Vendor Holt Services Inc. Category: Contract Name: Vendor 442597 Sub-Category 0 Number: EProject Name: Armstrong Well 2 Rehabilitation 0 c Project Pull and inspect well components. Details: _ EAgreement $4,730 Basis for d Amount: Selection of Quotes m Contractor: Q Start Date: 9/12/19 Termination Date: 10/31/19 Notice required prior to Yes No Contract Number: CA&_0zol R-,q/o disclosure? Date Received by City Attorney: Comments: on c 3 0 oc N Oi L !d o+ Date Routed to the Mayor's Office: 'vt d Date Routed to the City Clerk's Office: a, Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT wA=II T GOODS & SERVICES AGREEMENT between the City of Kent and Holt Services Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Holt Services Inc. organized under the laws of the State of Washington, located and doing business at 10621 Todd Road E., Edgewood, WA 98372, Phone: (253) 604-4878, Contact: Adam Holt (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 pull and inspect well components at Armstrong Well #2. For a description, see the Vendor's estimate which is attached as Exhibit A 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 October 31, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Four Thousand, Seven Hundred Thirty Dollars ($4,730), 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 inspection has been conducted 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, ind. 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 I, 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: CITY OF KENT: I By: By: - ,saner ur 1 (si lure) Print Name:_ /4 Q J j40 Print Name: David A. Brock, P.E. Its: Proj ez+ M aotas a Its: eput Director Operations Manager (title) DATE:-�� Qq DATE: / / NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Adam Holt Timothy J. LaPorte, P.E, Holt Services Inc. City of Kent 10621 Todd Rd. E. 220 Fourth Avenue South Edgewood, WA 98372 Kent, WA 98032 1 (253) 604-4878 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) ATTES I i Kent tity Clerk Holt-Armstrong Welll3ond GOODS &SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) iI i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 1 During the time of this Agreement I wiil 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: I'n[ • Title: F Date: Z'a l i i 1 i EEO COMPLIANCE DOCUMENTS - 1 of 3 i 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 A EXHIBIT A (D ESTIMATE 8/27/2019 HOLTClient City of Kent Public Works `, Contact. Bryan Bond SERVICES�C�rae INC Email: kentwetgV rat. 253-856-5662 10621 Todd Road East Edgewood,WA 98372 253 604-4878 Project: Armstrong Well#2 17975 SE 272nd st Kent Phase I Drill Type: Pump Hoist Rig or Cable Tool Description Unk QWngty Price Total Portal to Portal pull pump and deliver for fnspecton HR 10 5 3W 00 Prevailing Wages administrative fee EA 1 $ 400.00 $ 400,00 Subtotal $ 4r300A0 Sales Tax 10 0% $ 43000 scope; Holt will mobilize to Armstrong Well#2 and pull well components,unscrewing each pipe joint(using heat if necessary)laying each pipe joint above the ground, Once removal of all components is complete,Holt will take motor to All Electric or Utility Service Company for a thourough inspection of motor components. Holt will inspect pump onsite,all components. Upon completion of inspections,a summary report will be provided detailing any deficiencies and recommendations for repairs.. The cost of inspection of motor well be paid for by others. Holt understands this is State Prevailing wages,administration fee applies Not to exceed final amount,unexpected conditions will be applied as change order if necessary. Suitable access will be provided by others. Total Cost Estimate § 4.730.00 Prepared by:Adam Holt tlQLttBiMtsufallntr3i: No work hour restrictions Stand-by rates apply if work hours are restricted Standard labor ralas.. No stain provailing or Davis 9awr•.. No USL&P,—mga .e Ubliy,locates,traffic control&site severity,provided by olnem if peneirabon is leas than 10 feet per hour;drilling Wit continue by the hour Construt,bon[Seatmg rates are based on actual borehole size volumes Subject to Anal review of terms and conditions:net 50 payment terms ' I t r EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 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 limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage 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. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ® DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 8/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Arthur J. Gallagher Risk Management Services, Inc. NAME: Debra Powell PHONE FAx P.O. Box 2925 lac.No.Ext):253-627-7183 ('C._ No:253-572-1430 Tacoma WA 98401-2925 ADO.Ess: Debra—Powell@ajg.com INSURE S AFFORDING COVERAGE NAIC# INSURER A:Alaska National Insurance Company 38733 INSURED INSURER B:Navigators Specialty Insurance Company 36056 Holt Services, Inc. 10621 Todd Road East INSURERC: Edgewood,WA 98372 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2143773597 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE TYPE SUER POLICY NUMBER MM/DDY/YYYY MM/DDY/YYYY LIMITS LTR A X i COMMERCIAL GENERAL LIABILITY Y 19CPS10096 3/18/2019 3/18/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE LK OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y 19CAS10096 3/18/2019 3/18/2020 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR Y 19CLU10096 3/18/2019 3/18/2020 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ A I WORKERS COMPENSATION 19CWS10096 3/18/2019 3/18/2020 X PER X DTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER CA/OR/NM/WA _ ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA -------- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution Liability Y SFI8ECPOA3YJTIC 3/18/2018 3/18/2020 Occurrence 5,000,000 Aggregate 5,000,000 Deductible 10,000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *10 days cancellation notice for nonpayment of premium/30 days cancellation notice for all other reasons. Project: Pulling a pump on Armstrong well#2 at 17975 SE 272nd Street Kent,WA and providing inspections. RE: The City of Kent is named as an additional insured with respects to the work performed by the named insured per a written contract agreement. Endts attached. Primary&Noncontributory verbiage is in favor of the certificate holder&additional insureds.Separation of Insured verbiage is also applicable. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Alaska National INSURANCE COMPANY TABLE OF CONTENTS i i Form Title Form Endors ement Number Number Common Policy Declarations ANIC DS 500 11 10 Table of Contents ANIC IL 940 11 10 Named Insured Endorsement ANIC IL 543 11 10 1 Property Commercial Property Declarations ANIC CP 501 05 00 Building and Personal Property Coverage Form CP 00 10 10 12 Commercial Property Conditions CP 00 90 07 88 2 Causes of Loss-Special Form CP 10 30 09 17 3 Washington Changes CP 01 26 10 12 4 Washington Changes-Domestic Abuse CP 01 60 12 98 5 Washington Changes-Excluded Causes of Loss CP 01 79 10 12 6 Deductible Endorsement-Building and Personal Property Coverage Form ANIC CP 678 06 00 7 Property Coverage Enhancement Endorsement ANIC CP 992 05 17 8 Exclusion of Loss Due to Virus or Bacteria CP 01 40 07 06 9 Exclusion of Loss Due to By-Products of Production or Processing Operations (Rental Properties) CP 10 34 10 12 10 Liability Commercial General Liability Declarations ANIC GL 502 05 00 Commercial General Liability Coverage Form CG 00 01 04 13 Washington Changes-Employment-Related Practices Exclusion CG 01 97 12 07 11 Montana Changes- Medical Payments CG 26 61 1001 12 Alaska Changes- Definition of Metatag CG 26 70 10 01 13 Blanket Additional Insured Endorsement ANIC GL 703 07 01 14 Commercial General Liability Coverage Enhancement Endorsement ANIC GL 1162 12 15 15 Deductible Liability Insurance CG 03 00 01 96 16 Employee Benefits Liability Coverage CG 04 35 12 07 17 Stop Gap- Employers Liability Coverage Endorsement-Washington CG 04 42 11 03 18 Washington Changes-Who is an Insured CG 04 50 05 08 19 Additional Insured -State or Governmental Agency or Subdivision or Political Subdivision-Permits or Authorizations CG 20 12 04 13 20 Additional Insured- Designated Person or Organization CG 20 26 04 13 21 Additional Insured- Lessor of Leased Equipment-Automatic Status When Required in Lease Agreement with You CG 20 34 04 13 22 Limited Contractual Liability - Railroads CG 24 27 04 13 23 Designated Construction Project(s) General Aggregate Limit CG 25 03 05 09 24 Designated Location(s) General Aggregate Limit CG 25 04 05 09 25 Montana Employee Benefits Liability Coverage CG 27 16 12 07 26 Alaska Total Pollution Exclusion with a Hostile Fire Exception CG 32 68 09 08 27 Alaska Exclusion - Exterior Insulation and Finish Systems CG 32 70 09 08 28 Alaska Silica or Silica-Related Dust Exclusion CG 32 73 09 08 29 Asbestos Exclusion ANIC GL 554 01 07 30 Alaska Changes-Fungi Or Bacteria Exclusion ANIC GL 980 01 06 31 Multi-Unit and Tract Housing Residential Exclusion ANIC GL 1018 09 06 32 Washington Condominium Act-Exclusion of Declarant Liability ANIC GL 1023 01 06 33 Total Lead Exclusion ANIC GL 1048 01 14 34 Exclusion -Access or Disclosure of Confidential or Personal Information and Data-Related Liability -With Limited Bodily Injury Exception CG 21 06 05 14 35 Exclusion-Unmanned Aircraft CG 21 09 06 15 36 `( I I I ANIC IL 940 11 10 Page 1 of 2 I Alaska National INSURANCE COMPANY TABLE OF CONTENTS Form Title Form Endorsement Number Number Oregon -Marijuana Exclusion CG 21 18 10 17 37 Alaska Recording and Distribution of Material or Information in Violation of Law Exclusion CG 21 30 04 13 38 Employment- Related Practices Exclusion CG 2147 12 07 39 Exclusion - Designated Operations Covered by a Consolidated (Wrap- Up) Insurance Program CG 21 5401 96 40 Total Pollution Exclusion with a Building Heating, Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception CG 21 65 12 04 41 Fungi or Bacteria Exclusion CG 21 67 12 04 42 Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the United States CG 21 7501 15 43 Exclusion- Exterior Insulation and Finish Systems CO 21 86 12 04 44 Silica or Silica-Related Dust Exclusion CG 21 96 03 05 45 Exclusion -Contractors- Professional Liability CG 22 79 04 13 46 Washington - Fungi or Bacteria Exclusion CG 26 77 12 04 47 Alaska Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the United States CG 26 92 01 15 48 Alaska War Liability Exclusion CG 26 97 03 06 49 Contractual Liability - Railroads CG 24 17 10 01 50 Common Identity Recovery Coverage-Identity Theft Case Management Service and Expense Reimbursement ANIC IL 1146 10 11 51 Common Policy Conditions IL 00 17 11 98 52 Nuclear Energy Liability Exclusion Endorsement(Broad Form) IL 00 21 09 08 53 Alaska Changes-Attorney's Fees IL 01 21 0908 54 Washington Changes- Defense Cost IL 01 23 11 13 55 Oregon Changes- Domestic Partnership IL 01 42 09 08 56 Washington Common Policy Conditions IL 01 46 08 10 57 Washington Changes -Actual Cash Value IL 01 57 07 02 58 Montana Changes-Conformity With Statutes IL 01 67 10 13 59 Nuclear Energy Liability Exclusion Endorsement(Broad Form) IL 01 98 09 08 60 Idaho Changes-Cancellation and Nonrenewal IL 02 04 09 08 61 Montana Changes IL 02 43 09 07 62 j Oregon Changes-Cancellation and Nonrenewal IL 02 79 09 08 63 Alaska Changes-Cancellation and Nonrenewal IL 02 80 09 08 64 New Mexico Changes-Cancellation And Nonrenewal IL 02 98 05 15 65 Exclusion of Certain Computer-Related Losses IL 09 35 07 02 66 Exclusion of Certified Acts of Terrorism IL 09 53 01 15 67 Washington -Amendment of Terrorism Exclusions IL 09 83 01 08 68 Disclosure Pursuant To Terrorism Risk Insurance Act IL 09 85 01 15 69 ! Multiple Forms Schedule Endorsement ANIC 1020 10 05 70 Rule 82 Coverage Limitation Notice Commercial Liability Insurance (Primary) PIN 182 04 05 Notice to Policyholders- Idaho Department of Insurance Contact Information PIN IL 216 09 10 Consumer Privacy Statement PIN 184 07 01 i z i j i ANIC IL 940 11 10 Page 2 of 2 j Alaska National INSURANCE COMPANY TABLE OF CONTENTS Form Title Form Endorsement Number Number Common Policy Declarations ANIC IDS 500 11 10 Table of Contents ANIC IL 940 11 10 Business Auto Declarations ANIC CA 069 10 13 Schedule of Covered Autos You Own ANIC CA 547 10 01 Business Auto Coverage Form CA 00 01 10 13 Washington Changes CA 01 35 10 13 1 Business Auto Coverage Enhancement Endorsement ANIC CA 1150 10 13 2 Exclusion of Federal Employees Using Autos in Government Business CA 04 42 10 13 3 Lessor-Additional Insured and Loss Payee CA 20 01 10 13 4 Mobile Equipment CA 20 15 10 13 5 Washington Underinsured Motorists Coverage CA 21 34 10 13 6 Auto Medical Payments Coverage CA 99 03 10 13 7 Stated Amount Insurance CA 99 28 10 13 8 Washington Loss Payable Form REG-335 CA 99 89 05 01 9 Washington Exclusion of Terrorism CA 23 92 10 13 10 Silica or Silica-Related Dust Exclusion for Covered Autos Exposure CA 23 94 10 13 11 Washington Changes- Defense Cost IL 01 23 11 13 12 Washington Common Policy Conditions IL 0146 08 10 13 Nuclear Energy Liability Exclusion Endorsement(Broad Form) IL 01 98 09 08 14 Consumer Privacy Statement PN 184 07 01 i E I if{ I I i I ( tI { ANIC IL 940 11 10 Page 1 of 1 AVAlaska National INSURANCE COMPANY TABLE OF CONTENTS Form Title Form Endorsement Number Number Commercial Liability Umbrella Insurance Declarations ANIC CU 1014 11 04 Table of Contents ANIC IL 940 11 10 Named Insured Endorsement ANIC IL 543 11 10 1 Commercial Liability Umbrella Coverage Form CU 00 01 04 13 Waiver of Transfer of Rights of Recovery Against Others to Us CU 24 03 09 00 2 Washington Changes CU 01 21 09 00 3 Washington Changes-Employment-Related Practices Exclusion CU 01 24 1201 4 Coverage B- Personal and Advertising Injury Contractual Amendment ANIC CU 1168 11 15 5 Employee Benefits Liability Coverage CU 04 03 12 07 6 Asbestos Exclusion ANIC CU 1007 01 07 7 Multi-Unit and Tract Housing Residential Exclusion ANIC CU 1021 0906 8 Washington Condominium Act- Exclusion of Declarant Liability ANIC CU 103301 06 9 Total Lead Exclusion ANIC CU 1049 01 14 10 Exclusion- Designated Operations Covered by a Consolidated (Wrap- Up) Insurance Program CU 21 17 09 00 11 Exclusion - Non-owned Aircraft CU 21 2411 16 12 Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the United States CU 21 3501 15 13 Exclusion - Exterior Insulation and Finish Systems CU 21 42 12 04 14 Silica or Silica-Related Dust Exclusion CU 21 50 03 05 15 Exclusion - Unmanned Aircraft CU 21 71 0615 16 Exclusion -Access or Disclosure of Confidential or Personal Information and Data-Related Liability-With Limited Bodily Injury Exception CU 21 8605 14 17 Washington -Fungi or Bacteria Exclusion CU 26 77 12 04 18 Exclusion of Federal Employees Using Autos in Government Business CU 34 05 09 18 19 Washington Changes-Defense Cost IL 01 23 11 13 20 Washington Common Policy Conditions IL 01 46 08 10 21 Nuclear Energy Liability Exclusion Endorsement(Broad Form) IL 01 98 09 08 22 Consumer Privacy Statement PN 184 07 01 I i l i I I I i ANIC 1L 940 11 10 Page 1 of 1 Alaska National INSURANCE COMPANY TABLE OF CONTENTS Form Title Form Endorsement Number Number Insurance Policy Workers Compensation Information Page WC 00 00 01A(07 11) Extension Schedule -Workers Compensation WC 99 06 01 (03 95) Table of Contents WC 99 06 22 (10 99) Other Workplaces Endorsement WC 99 06 02 (03 95) 1 Item 3C. Other States Insurance Schedule WC 99 06 27 (11 03) 2 Workers Compensation and Employers Liability Insurance Policy WC 00 00 00C (01 15) j Longshore and Harbor Workers Compensation Act Coverage Endorsement WC 00 01 06A (04 92) 3 Policy Amendatory Endorsement-California WC 04 03 01 D(02 18) 4 New Mexico Safety Device Coverage Endorsement WC 30 03 01 (04 84) 5 Oregon Limits of Liability Endorsement WC 36 03 06 01 6 Oregon Confidentiality Endorsement WC 36 06 02 �01 01 11� 7 Oregon Amendatory Endorsement WC 36 06 04 (01 17) 8 Premium Discount Endorsement WC 00 04 06A(08 95) 9 Notification of Change In Ownership Endorsement WC 00 04 14A(01 19) 10 Premium Due Date Endorsement WC 00 04 19 (01 01) 11 Catastrophe(Other Than Certified Acts of Terrorism) Premium Endorsement WC 00 04 21 D (01 15) 12 Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement WC 00 04 22B (01 15) 13 Optional Premium Increase Endorsement-California WC 04 04 21 (01 08 14 California Short-Rate Cancelation Endorsement WC 04 04 22 (01 12� 15 New Mexico Workers Compensation Premium Adjustment Program for Qualifying Classifications Endorsement WC 30 04 01 A(07 93) 16 Oregon Premium Due Date Endorsement WC 36 04 06 (10 01) 17 California Premium Discount Endorsement WC 99 04 13 (01 13) 18 California Notification of Change in Ownership Endorsement WC 99 06 38 (09 09) 19 California Cancelation Endorsement WC 04 06 01A(12 93) 20 New Mexico Cancellation and Nonrenewal Endorsement WC 30 06 01A 03 15) 21 Oregon Cancellation Endorsement WC 36 06 01 E �01 08) 22 j Washington Amendatory Endorsement WC 99 06 08 (09 12) 23 Additional Information and Notices Notice to Policyholder-California Workers' Compensation Insurance Rating Laws PN 04 02B (05 02) Notice to Policyholder-Califomia Workers' Compensation Insurance Notice of Nonrenewal PN 04 03B (05 02) Notice to Policyholder-Availability of Loss Control Consultation Services PN 04 04B(01 03) Policyholder Notice-California insurance Guarantee Association (CIGA) Surcharge PN 04 05 (01 02) Oregon Policyholder Notice-Workers Compensation Information PN WC 236 (03 16) Notice To Policyholer-Your Right to Rating and Dividend Information PN 04 99 01 F(03 15) Policyholder Notice Payroll Record and Audit Requirements for Dual Wage Construction or Erection Classifications PN 04 99 06C (07 15) Contracting Classification Premium Adjustment Program Workers j Compensation Premium Credit Application FORM NC-5000C (10 18 24 Consumer Privacy Statement PN 184 (07 01) I I I i WC 99 06 22 (10 99) Page 1 of 1 Alaska National INSURANCE COMPANY BLANKET ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section ll) is amended to 2. The insurance provided to the additional insured include as an insured any person or organization does not apply to"bodily injury","property damage", (herein referred to as an additional insured), but only if or"personal and advertising injury" arising out of an you are required to add that person or organization as architect's, engineer's, or surveyor's rendering of or an insured to this policy by a written contract that is in failure to render any professional services effect prior to the "bodily injury`, "property damage", or including: "personal and advertising injury", a. the preparing, approving, or failing to prepare The insurance provided to the additional insured is or approve maps, drawings, opinions, reports, limited as follows: surveys, change orders, design or spec- 1. That person or organization is only an additional ifications;and insured for its vicarious liability for your acts or b. supervisory, inspection, or engineering ser- omissions in the performance of"your work". vices. I This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. i Endorsement Effective Policy No. Insured Endorsement No. Countersigned By r ANIC GL 703 07 01 i JU Alaska National INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. 5. Transfer of Rights of Recovery Against Throughout this policy, the words "you" and "your" Others to Us refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the "accident" marks have special meaning. Refer to SECTION V— or the"loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION II — COVERED AUTO LIABILITY per "accident" and, unless otherwise specified, are COVERAGE, Paragraph A.2.a, (2) —Supplementary subject to all of the terms, conditions, exclusions and Payments is replaced by the following: deductible provisions of the policy, to which it is attached. (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION II — COVERED AUTO LIABILITY violations) required because of an COVERAGE, Paragraph A.I. Who is An Insured is "accident"we cover. We do not have amended to include: to furnish these bonds. d. Any "employee" of yours while operating SECTION II — COVERED AUTO LIABILITY an "auto" hired or rented under a COVERAGE, Paragraph A.2.a. (4) —Supplementary contract or agreement in an "employee's" Payments is replaced by the following: name, with your permission, while performing duties related to the conduct (4) All reasonable expenses incurred by of your business. the"insured" at our request, including actual loss of earnings up to $500 a e. Any person or organization for whom you day because of time off from work. have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of"autos"covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. ANIC CA 1150 10 13 Page 1 of 4 Alaska National INSURANCE COMPANY c. "Loss" caused by falling objects or SECTION II — COVERED AUTO LIABILITY missiles. COVERAGE, Paragraph A.2.c.—Voluntary Property Damage is added as follows: However, you have the option of having glass breakage caused by a covered "auto's" G. Voluntary Property Damage collision or overturn considered a"loss" under Collision Coverage. At your written request, we may make a voluntary payment for Property Damage Glass Repair—Waiver of Deductible caused by an "insured", but without liability to a third party, up to $25,000, We No deductible applies to glass breakage, if will not make a Voluntary Property the glass is repaired rather than replaced. Damage payment to anyone who is an "insured"under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA.a. — Transportation Expenses is SECTION III — PHYSICAL DAMAGE COVERAGE, replaced by the following: Paragraph A.2.—Towing is replaced by the following: a. Transportation Expenses Towing We will pay up to $200 per day to a We will pay up to $500 for towing and labor maximum of $1,500 for temporary costs incurred each time a covered "auto" transportation expense incurred by you that is a: because of the total theft of a covered "auto"that is a: a. Private passenger; (1) Private passenger; b. Truck; (2) Truck; c. Pick-up truck; (3) Pick-up truck; d. Panel ; or e. Van (4) Panel; or type vehicle under 20,000 lbs. of Gross (5) Van Vehicle Weight is disabled. However, the type vehicle under 20,000 lbs. of Gross labor must be performed at place of disablement. Vehicle Weight. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified j SECTION III — PHYSICAL. DAMAGE COVERAGE, Causes of Loss Coverage. We will pay j Paragraph A.3. — Glass Breakage — Hitting a Bird for temporary transportation expenses or Animal —Falling Objects or Missiles is replaced incurred during the period beginning 48 by the following: hours after the theft and ending, Glass Breakage—Hitting a Bird or Animal regardless of the policy's expiration, when the covered "auto' is returned to —Falling Objects or Missiles use or we pay for its"loss". If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and i ANIC CA 1150 10 13 Page 2 of 4 Alaska National INSURANCE C O M PAN Y (2) Specified Causes of Loss only if the SECTION III — PHYSICAL DAMAGE COVERAGE, Declarations indicate that Specified Paragraph A.4.b. — Loss of Use Expenses is Causes of Loss Coverage is provided replaced by the following: for the"auto' withdrawn from service; or b. Loss of Use Expenses— Hired, Rented, (3) Collision only if the Declarations or Borrowed Automobiles indicate that Collision Coverage is provided for the "auto' withdrawn We will pay expenses for which an from service. "insured" becomes legally responsible to pay for loss of use of a vehicle hired, SECTION II[ — PHYSICAL DAMAGE COVERAGE, rented or borrowed without a driver under Paragraph A.4.d. — Airbag Coverage is added as a written rental contract or agreement. follows: We will pay for loss of use expenses, if caused by: d. Airbag Coverage (1) Other than Collision, only if the We will pay for the cost to repair, replace, Declarations indicate that or reset an airbag that inflates for any Comprehensive Coverage is provided reason other than as a result of a for the vehicle withdrawn from collision, if the Declarations indicate that service. the covered "auto' has Comprehensive Coverage or Specified Causes of Loss (2) Specified Causes of Loss only if the Coverage. Declarations indicate that Specified Causes of Loss Coverage is provided SECTION Ill — PHYSICAL DAMAGE COVERAGE, for the vehicle withdrawn from Paragraph A.4.e. — Rental Reimbursement service. Coverage is added as follows: (3) Collision only if the Declarations e. Rental Reimbursement Coverage indicate that Collision Coverage is provided for the vehicle withdrawn We will pay up to $75 per day for rental from service. reimbursement expenses incurred by you for the rental of an "auto" because of However, the most we will pay for any "loss"to a covered"auto'that is a: expenses for loss of use is $200 per day, to a maximum of$1,500. (1) Private Passenger; SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Truck; Paragraph AA.c.-Non-Transportation Loss of Use Expenses is added as follows: (3) Pick-up truck; c. Non-Transportation Loss of Use (4) Panel; or Expenses (5) Van We will pay up to $2,000 for non- transportation expense incurred by you, type vehicle under 20,000 lbs. of Gross because of "loss" to a covered "auto", if Vehicle Weight. Payment applies in caused by: addition to the otherwise applicable amount of each coverage you have on a (1) Other than Collision, only if the covered "auto'. No deductibles apply to Declarations indicate that this coverage. Comprehensive Coverage is provided for the"auto'withdrawn from service; ANIC CA 1150 10 13 Page 3 of 4 Alaska National INSURANCE COMPANY (1) We will pay only for those expenses SECTION IV — BUSINESS AUTO CONDITIONS incurred during the policy period Paragraph B,5.b. — Other Insurance is replaced by beginning 24 hours after the "loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered"autos"you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto" you lease, hire, covered"auto". rent, or borrow; and (b) 30 days. (2) Any covered "auto"" hired or rented by your "employee" under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve "autos" with your permission, while available to you for your operations. performing duties related to the conduct of your business. (3) The Rental Reimbursement Coverage described above does not However, any "auto" that is leased, hired, apply to a covered 'auto" that is rented or borrowed with a driver is not a described or designated as a covered covered"auto". "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION V — DEFINITIONS — Paragraph C. — SECTION IV — BUSINESS AUTO CONDITIONS — "Bodily injury" is replaced by the following: Paragraph B.2. —Concealment, Misrepresentation Or C. "Bodily injury" means bodily injury, sickness or Fraud is amended by adding Unintentional Failure disease sustained by a person including death or to Disclose Hazards at the end of Paragraph B2. as mental anguish resulting from any of these. follows: Mental anguish means any type of mental or emotional illness or disease Unintentional Failure to Disclose Hazards j If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. I i This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 2 Countersigned By ©Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Page 4 of 4 Alaska National INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Various provisions in this endorsement restrict (b) Not being used to carry persons or coverage. Read the entire policy carefully to property for a charge. determine rights, duties, and what is and is not covered. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Paragraph 1.b. is replaced by the following; Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the b. Up to $10,000 for cost of bail bonds required Declarations. The words"we", "us", and "our" refer to because of accidents or traffic law violations the company providing this insurance. arising out of the use of any vehicle to which the Bodily injury Liability Coverage applies. Other words and phrases that appear in quotation We do not have to furnish these bonds. marks have special meaning. Refer to SECTION V— DEFINITIONS in the Commercial General Liability SUPPLEMENTARY PAYMENTS—COVERAGES A Coverage Form. AND B, Paragraph 1.d. is replaced by the following: The coverages provided by this endorsement apply d. All reasonable expenses incurred by the per"occurrence" and, unless otherwise specified, are insured at our request to assist us in the subject to all of the terms, conditions, exclusions and investigation or defense of the claim or suit, deductible provisions of the policy, to which it is including actual loss of earnings up to $500 a attached, day because of time off from work. NON-OWNED WATERCRAFT AMENDMENT SECTION II —WHO IS AN INSURED, paragraph 2.e. is added as follows A. if endorsement CG 21 09, CG 21 10, CG 24 50, or CG 24 51 is attached to the policy, Paragraph e. Any person(s) or organization(s) (referred to A. 2. g. (2)(b) is replaced by the following: throughout this coverage form as vendor) for whom you have agreed in writing to provide (b) A watercraft that you do not own that insurance such as is afforded by this is: coverage form but only with respect to "bodily injury" or "property damage" arising out of (i) Less than 50 feet long: and .your products" which are distributed or sold in the regular course of the vendor's (!I) Not being used to carry persons business. or property for a charge. However: B. If Paragraph A. does not apply, Paragraph 9• (2) i of 2. EXCLUSION under SECTION I — (1) The insurance afforded to such vendor COVERAGES, COVERAGE A — BODILY only applies to the extent permitted by INJURY AND PROPERTY DAMAGE LIABILITY law; and is replaced by the following: (2) A watercraft that you do not own that is: j (a) Less than 50 feet long; and i i ANIC GL 1162 12 15 Page 1 of 4 I i Alaska National INSURANCE COMPANY (2) If coverage provided to the vendor is (1) The exceptions contained in Sub- required by a contract or agreement, the paragraphs d. or f.; or insurance afforded to such vendor will not be broader than that which you are (2) Such inspections, adjustments, tests or required by the contract or agreement to servicing as the vendor has agreed to provide for such vendor. make or normally undertakes to make in the usual course of business, in With respect to the insurance afforded to connection with the distribution or sale of these vendors, the following additional the products, exclusions apply: This insurance does not apply to any insured The insurance afforded the vendor does not apply person or organization, from whom you have to: acquired such products, or any ingredient, part or container, entering into, accompanying or a. "Bodily injury" or"property damage"for which containing such products. the vendor is obligated to pay damages by reason of the assumption of liability in a SECTION II —WHO IS AN INSURED, paragraph 2.f. contract or agreement. This exclusion does is added as follows: not apply to liability for damages that the vendor would have in the absence of the 0 f. Any person(s) or organization(s) for whom contract or agreement; you have agreed in writing to provide insurance as is afforded by this coverage b. Any express warranty unauthorized by you; form but only with respect to liability arising out of the ownership, maintenance or use of c. Any physical or chemical change in the that part of the premises leased to you by product made intentionally by the vendor; such person(s)or organization(s). d. Repackaging, except when unpacked solely This insurance does not apply to: for the purpose of inspection, demonstration, testing, or the substitution of parts under (1) Any "occurrence" which takes place after instructions from the manufacturer, and then you cease to be a tenant in that repackaged in the original container; premises. e. Any failure to make such inspections, (2) Structural alterations, new construction or adjustments, tests or servicing as the vendor demolition operations performed by or on has agreed to make or normally undertakes behalf of such person(s) or to make in the usual course of business, in organization(s). j connection with the distribution or sale of the i products; However: f. Demonstration, installation, servicing or repair (1) The insurance afforded to such additional operations, except such operations insured only applies to the extent performed at the vendor's premises in permitted by law; and connection with the sale of the product; (2) The coverage to the additional insured g. Products which, after distribution or sale .by will not be broader than that which you you, have been labeled or relabeled or used are required by the contract or agreement as a container, part or ingredient of any other to provide for such additional insured. thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: ANIC GL 1162 12 15 Page 2 of 4 Alaska National INSURANCE C O M PAN Y SECTION III — LIMITS OF INSURANCE, Paragraph SECTION IV—COMMERCIAL GENERAL LIABILITY 6. Is replaced by the following: CONDITIONS — Paragraph 4. — Other Insurance is amended to add: 6. Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit is the most we will d. Primary and Noncontributory Insurance pay under Coverage A for damages because of "property damage" to any one premises, while This insurance is primary to and will not seek rented to you, or in the case of damage by fire, contribution from any other insurance while rented to you or temporarily occupied by available to an additional insured under your you with permission of the owner. policy provided that: If a limit is shown for Damage to Premises (1) The additional insured is a Named Rented to You the most we will pay under Insured under such other insurance; and Coverage A for damages because or "property damage" to any one premises is the Limit shown (2) You have agreed in writing in a contract in the Declarations or $500,000, whichever is or agreement that this insurance would greater. be primary and would not seek contribution from any other insurance SECTION III — LIMITS OF INSURANCE, Paragraph available to the additional insured. 7. Is replaced by the following: This Paragraph d. supersedes any provision 7. Subject to Paragraph 5. above, the Medical to the contrary in Paragraphs a. through c. Expense Limit is the most we will pay under above. Coverage C for all medical expenses because of "bodily injury"sustained by any one person. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 6. — Representations is If a limit is shown for Medical Expense in the replaced by the following: Declarations the most we will pay under Coverage C for all medical expenses because of 6. Representations "bodily injury" sustained by any one person is the Limit shown in the Declarations or $15,000, By accepting this policy, you agree: whichever is greater. a. The statements in the Declarations are SECTION III — LIMITS OF INSURANCE, the accurate and complete; following is added: b. Those statements are based upon With respect to the insurance afforded to the insureds representations you made to us; and described in Paragraphs 2.e. and 2.f. of Section I( — Who Is An Insured, if coverage provided to such c. We have issued this policy in reliance upon insured is required by a contract or agreement, the your representations. most we will pay on behalf of such insured is the amount of insurance: The unintentional omission of, or unintentional error in, any information you provided to us (1) Required by the contract or agreement; which we relied upon in issuing this policy will or not prejudice your rights under this insurance. However, this provision does not affect our right (2) Available under the applicable Limits of to collect additional premium or to exercise our Insurance shown in the Declarations; rights of cancellation or nonrenewal in accordance with applicable laws and regulations. whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declaration. ANIC GL 1162 12 15 Page 3 of 4 AMAlaska National I N S U R A N C E COMPANY SECTION IV--COMMERCIAL GENERAL LIABILITY SECTION V — DEFINITIONS — Paragraph 3. — CONDITIONS—is amended to add Paragraph 10. "Bodily Injury" is replaced by the following: 10. Blanket Waiver of Transfer of Rights of "Bodily injury" means bodily injury, sickness or Recovery Against Others disease sustained by a person including death or mental anguish resulting from any of these. Mental We waive any right of recovery we may have anguish means any type of mental or emotional against any person or organization as required in illness or disease a written contract because of payments we make for injury or damage arising out of "your work" done under a written contract. The waiver applies only to the person or organization required by written contract and then only if the contract requires you to obtain this agreement from us. i This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. j Endorsement Effective Policy No. Insured Endorsement No. Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1162 12 15 Page 4 of 4 Alaska National INSURANCE COMPANY ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT — AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to A person's or organization(s status as an additional include as an additional insured any person(s) or insured under this endorsement ends when their organization(s) from whom you lease equipment contract or agreement with you for such leased when you and such person(s) or organization(s) equipment ends. have agreed in writing in a contract or agreement B. With respect to the insurance afforded to these that such person(s) or organization(s) be added as additional insureds, this insurance does not apply to an additional insured on your policy. Such person(s) any occurrence" which takes place after the or organization(s) is an insured only with respect to equipment lease expires. liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole C. With respect to the insurance afforded to these or in part, by your maintenance, operation or use of additional insureds, the following is added to equipment leased to you by such person(s) or Section III—Limits Of Insurance: organization(s). The most we will pay on behalf of the additional However, the insurance afforded to such additional insured is the amount of insurance: insured: 1. Required by the contract or agreement you have 1. Only applies to the extent permitted by law; and entered into with the additional insured; or 2. Will not be broader than that which you are 2• Available under the applicable Limits of required by the contract or agreement to provide Insurance shown in the Declarations; for such additional insured. whichever is less. i This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By ©Insurance Services, Office, Inc., 2012 CG 20 34 04 13 Alaska National INSURANCE COMPANY DESIGNATED CONSTRUCTION PROJECT(S)GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I Designated Construction Project(s): All Projects information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I —Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, except General Aggregate Limit shown in the damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard", and for medical General Aggregate Limit, expenses under Coverage C regardless of the number of: a. insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 Page 1 of 2 Alaska National INSURANCE COMPANY B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or"property damage" included in the under Section 1 — Coverage C, which cannot be "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 9. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned and under the General Aggregate Limit or the then restarted, or if the authorized contracting Products-completed Operations Aggregate parties deviate from plans, blueprints, designs, Limit, whichever is applicable;and specifications or timetables, the project will still be 2. Such payments shall not reduce any deemed to be the same construction project. Designated Construction Project General E. The provisions of Section III —Limits Of Insurance Aggregate Limit. not otherwise modified by this endorsement shall continue to apply as stipulated. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 Page 2 of 2 Alaska National INSURANCE COMPANY DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): Locations scheduled on the Commercial General Liability Declarations i Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Location General Aggregate Limit for that under Section I — Coverage C, which can be designated "location". Such payments shall not attributed only to operations at a single designated reduce the General Aggregate Limit shown in "location"shown in the Schedule above: the Declarations nor shall they reduce any other Designated Location General Aggregate 1. A separate Designated Location General Limit for any other designated"location"shown Aggregate Limit applies to each designated "location", and that limit is equal to the amount in the Schedule above. of the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Location General Aggregate You and Medical Expense continue to apply. However, instead of being subject to the Limit is the most we will pay for the sum of all General Aggregate Limit shown in the damages under Coverage A, except damages Declarations, such limits will be subject to the because of"bodily injury"or'property damage" applicable Designated Location General included in the products-completed operations Aggregate Limit. hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits". CG 25 04 05 09 Page 1 of 2 Alaska National INSURANCE COMPANY B. For all sums which the insured becomes legally D. For the purposes of this endorsement, the obligated to pay as damages caused by Definitions Section is amended by the addition of "occurrences" under Section I —Coverage A, and the following definition: for all medical expenses caused by accidents "Location" means premises involving the same or under Section 1 — Coverage C, which cannot be connecting lots, or premises whose connection is attributed only to operations at a single designated interrupted only by a street, roadway, waterway or "location"shown in the Schedule above: right-of-way of a railroad. 1. Any payments made under Coverage A for E. The provisions of Section III —Limits Of Insurance damages or under Coverage C for medical not otherwise modified by this endorsement shall expenses shall reduce the amount available continue to apply as stipulated. under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated 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 Designated Location ! General Aggregate Limit. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Cou ntersigned By ©Insurance Services Office, Inc., 2003 CG 25 04 05 09 Page 2 of 2 ENDORSEMENT NO.: 4 Effective 12:01 AM Std Time: Issued to: Halt Services Inc. Policy Number: Company:Navigators Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS ENDORSEMENT (PRIMARY NON-CONTRIBUTORY) s o entities scheduled below qualify as insureds under SECTION ll. 1. !t is hereby agreed that the person rq Y WHO IS AN INSURED, but only with respect to a pollution incident arising out of your work. Scheduled Additional Insureds i Any clients for whom you perform your work but only when required by written contract with your client provided the contract is executed and effective prior to the date the pollution incident first commenced,and only for the lesser of the amount stated in the contract or the applicable limits of liability in this policy. 2. Solely with respect to the additional insureds scheduled above, the following is added to SECTION IV. CONDITIONS, paragraph 16. Other Insurance: Notwithstanding any other provision to the contrary in this Policy,with respect to the additional insureds scheduled above, and only when required by written contract,the insurance afforded by this policy shall be primary and non-contributory with any other valid and collectible insurance and our obligations are not affected by any such other insurance. 3. Nothing in this endorsement shall operate or be construed to increase any of the limits of liability under this policy. 4. No coverage is afforded under this Policy for any loss arising out of a scheduled additional insured's own liability, sole negligence, or willful or deliberate misconduct. V i E I 3 3 { { I I All other terms, conditions, and exclusions shall remain the same. NENV 8001 (03-13) Page 1 of 1 i ENDORSEMENT NO,: T Effective 12:01 AM Std Time: March 28,2016 Issued to: Holt Services Inc Policy Number: SF t 6ECP0A3`f1 T iC company:Navigators Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE,READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT (SCHEDULED PERSON OR ENTITY} Solely with respect to the person(s) or entity(ies) scheduled below, it is hereby agreed that SECTION IV. CONDITIONS,paragraph 23, Subrogation,is amended by the addition of the following: Notwithstanding the foregoing, we agree to waive our right of subrogallon against the persons or entities scheduled below but only with respect to your work performed under a contract with such person or entity entered Into prior to the commencement of the pollution incident giving rise to loss hereunder. SC E tJLE aF PERSON(SL OR ENTITY . Any clients for whom you perform your work,but only when required by written contract with your client provided the contract is executed and effective prior to the date the pollution Incident first commenced, and only for the lesser of the amount stated in the contract or the applicable limits of liability in this policy. All other terms, conditions,and exclusions shall remain the same. NENV 8096(09-13) Page 1 of 1 21, Separation of Insureds l Severabillty Except with respect to the limits of liability, any insured versus insured exclusion,cancellation,or any rights or duties specifically assigned to the first reamed insured,this insurance applies- a. as if each named insured was the only named Insured; and b. separately to each insured againstwhom a claim is made, 22. Setvice of Suit It is understood and agreed that in the event of a failure by us to pay any amount claimed to be due hereunder,we,at the request of the first named insured,will submit to a court of competent jurisdiction within the United States of America. The foregoing shall not constitute a waiver of any of our rights to remove,remand,or transfer such suit to any other court of competent jurisdiction in accordance with the applicable statutes of the United States of America or any state therein. In any suit instituted against us Upon this contract,we will abide by the final decision of the court or of any appellate court in the event of an appeal it is further agreed that service of process upon us In such suit may be made upon the Superintendent, Commissioner,or Director of Insurance or other person specified for that purpose in the applicable statute governing service of process in the state or jurisdiction In which a cause of action arises under this contract of insurance, or his successor or successors in office as their trite and lawful'attorney upon whom may be served any lawful process in any action,suit,or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of Insurance. 23. Subrogation In the event of any payment under this insurance by us,we shall be subrogated to all the Insured's rights of recovery against any person or organizatfon_ No insured shall do anything after the payment of loss by us to prejudice such rights. The insured agrees to cooperate with us and to execute and deliver all instruments and papers and do whatever else is necessary to enforce such rights. At our request,the insured will bring suitor transfer those rights to us and help us enforce them. With respect to Coverage 1.A.Operations Pollution Liability,we agree to waive our right of subrogation against any of your clients but only if and to the extent you had a written contract with your client agreeing to waive such rights prior to the pollution incident giving rise to loss hereunder began. 24, Transfer of Defense Duties if we conclude that any applicable limit of liability of this policy has been,or soon will be,exhausted by the payment of loss,we will so notify the first named insured in writing as soon as possible_ In the event that there are ongoing legal proceedings with respect to any claims against an insured,and any applicable limit of€€ability of this policy has been exhausted by the payment of loss,we will advise you that our duty to defend has ended and that we will no longer handle the defense of any ongoing claims or new claims against an insured. Thereafter,we will initiate and cooperate in the transfer of control of the defense of all claims to any appropriate insured. The exhaustion of any applicable limit of liability by the payment of loss will not be affected by our failure to comply with any of the provisions of this section,nor will we be obligated by operation of any rights or duties in this paragraph to defend or continue to defend any claim or pay any loss after any applicable limit of liability of this policy Is exhausted. 26. Voluntary Paymentsl Consent Other than emergency response costs or crisis management events,no insured shall, except at its own cost, a. voluntarily make any payment, assume any obligation,or incur any expense to which this policy applies without our prior written consent;or I NAV ECP-O TLKT 11 (03113) Page 16 of 24 Alaska National INSURANCE COMPANY COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read No other obligation or liability to pay sums or the entire policy carefully to determine rights, duties perform acts or services is covered unless and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words"you" and "your" refer Payments—Coverages A and B. to the Named Insured shown in the Declarations, and b. This insurance applies to "bodily injury" or any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words "we", "us" applicable"retained limit". If any other limit, such and "our" refer to the company providing this as a sublimit, is specified in the "underlying insurance. insurance", this insurance does not apply to The word "insured" means any person or organization "bodily injury" or "property damage" arising out qualifying as such under Section II — Who Is An of that exposure unless that limit is specified in Insured. the Declarations under the Schedule of "underlying insurance". Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and Definitions. "property damage" only if: SECTION I—COVERAGES (1) The "bodily injury" or "property damage" is COVERAGE A—BODILY INJURY AND PROPERTY caused an "occurrence" that takes place in the"coverage territory"; DAMAGE LIABILITY (2) The "bodily injury" or "property damage" 1. Insuring Agreement occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph Ca. of Section [I —Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized by damage"to which this insurance applies. We will you to give or receive notice of an have the right and duty to defend the insured "occurrence" or claim, knew that the "bodily against any "suit" seeking damages for such injury"or"property damage" had occurred, in "bodily injury" or "property damage" when the whole or in part. If such a listed insured or "underlying insurance" does not provide authorized "employee" knew, prior to the coverage or the limits of "underlying insurance" policy period, that the "bodily injury" or have been exhausted.When we have no duty to "property damage" occurred, then any defend, we will have the right to defend, or to continuation, change or resumption of such participate in the defense of, the insured against "bodily injury"or"property damage" during or any other "suit" seeking damages to which this after the policy period will be deemed to insurance may apply. However, we will have no have been known prior to the policy period. duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property d• "Bodily injury" or "property damage" which damage to which this insurance does not apply. occurs during the policy period and was not, At our discretion, we may investigate any prior to the policy period, known to have "occurrence" that may involve this insurance occurred by any insured listed under Paragraph and settle any resultant claim or"suit" for which 1.a. of Section II — Who Is An Insured or any we have the duty to defend. But: "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any (1) The amount we will pay for the "ultimate net continuation, change or resumption of that loss" is limited as described in Section III — "bodily injury" or "property damage" after the Limits Of Insurance; and end of the policy period (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU 00 01 04 13 Page 1 of 19 Alaska National INSURANCE COMPANY e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II —Who Is An resolution proceeding in which damages Insured or any"employee" authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the "bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (1) Causing or contributing to the intoxication of (2) Receives a written or verbal demand or claim any person; for damages because of the "bodily injury" or "property damage"; or (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under (3) Becomes aware by any other means that the influence of alcohol;or "bodily injury" or "property damage" has occurred or has begun to occur. (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of f. Damages because of "bodily injury include alcoholic beverages. damages claimed by any person or organization for care, loss of services or death resulting at This exclusion applies even if the claims against any time from the"bodily injury". any insured allege negligence or other wrongdoing in: 2. Exclusions (a) The supervision, hiring, employment, This insurance does not apply to: training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or"property damage"expected or (b) Providing or failing to provide intended from the standpoint of the insured. This transportation with respect to any person exclusion does not apply to "bodily injury" that may be under the influence of resulting from the use of reasonable force to alcohol; protect persons or property. if the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage" involved that which "Bodily injury" or "property damage' for which is described in Paragraph(1), (2)or(3)above. the insured is obligated to pay damages by However,this exclusion applies only if you are in reason of the assumption of liability in a contract the business of manufacturing, distributing, or agreement. This exclusion does not apply to selling, serving or furnishing alcoholic liability for damages: beverages. For the purposes of this exclusion, (1) That the insured would have in the absence permitting a person to bring alcoholic beverages of the contract or agreement;or on your premises, for consumption on your premises, whether or not a fee is charged or a (2) Assumed in a contract or agreement that is license is required for such activity, is not by an "insured contract", provided the "bodily itself considered the business of selling, serving injury" or "property damage" occurs or furnishing alcoholic beverages. subsequent to the execution of the contract This exclusion does not apply to the extent that or agreement. Solely for the purposes of valid "underlying insurance"for the liquor liability liability assumed in an "insured contract", risks described above exists or would have reasonable attorneys' fees and necessary litigation expenses incurred by or for a party existed but for the exhaustion of underlying other than an insured are deemed to be limits for "bodily injury" and "property damage". damages because of "bodily injury" or To the extent this exclusion does not apply, the "property damage", provided: insurance provided under this Coverage Part for the liquor liability risks described above will (a) Liability to such party for, or for the cost follow the same provisions, exclusions and of, that party's defense has also been limitations that are contained in the applicable assumed in the same "insured contract"; "underlying insurance", unless otherwise and directed by this insurance. CLI 00 01 04 13 Page 2 of 19 Alaska National INSURANCE COMPANY d. Workers'Compensation And Similar taws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance" for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any similar have existed but for the exhaustion of underlying law limits for "bodily injury". To the extent this exclusion does not apply, the insurance e. ERISA provided under this Coverage Part for the Any obligation of the insured under the employer's liability risks described above will Employee Retirement Income Security Act of follow the same provisions, exclusions and 1974 (ERISA), and any amendments thereto or limitations that are contained in the applicable any similar federal, state or local statute. "underlying insurance", unless otherwise f. Auto Coverages directed by this insurance. (1) "Bodily injury" or "property damage" arising h. Employment-related Practices out of the ownership, maintenance or use of "Bodily injury"to: any"auto"which is not a"covered auto"; or (1) A person arising out of any: (2) Any loss, cost or expense payable under or (a) Refusal to employ that person; resulting from any first-party physical damage coverage; no-fault law; personal (b) Termination of that person's employment; injury protection or auto medical payments or coverage; or uninsured or underinsured (c) Employment-related practices, policies, motorist law. acts or omissions, such as coercion, g. Employer's liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodily injury"to: humiliation, discrimination or malicious (1) An "employee" of the insured arising out of prosecution directed at that person; or and in the course of: (2) The spouse, child, parent, brother or sister of (a) Employment by the insured; or that person as a consequence of "bodily (b) Performing duties related to the conduct injury" to that person at whom any of the of the insured's business; or employment-related practices described in Paragraph(a),(b),or(c) above is directed. (2) The spouse, child, parent, brother or sister of This exclusion applies whether the injury- that "employee" as a consequence of causing event described in Paragraph (a), (b) or Paragraph(1) above. (c) above occurs before employment, during This exclusion applies whether the insured may employment or after employment of that person. be liable as an employer or in any other This exclusion applies whether the insured may capacity, and to any obligation to share be liable as an employer or in any other damages with or repay someone else who must pay damages because of the injury. capacity, and to any obligation to share damages with or repay someone else who must This exclusion does not apply to liability pay damages because of the injury. assumed by the insured under an "insured contract". i. Pollution With respect to injury arising out of a "covered (1) "Bodily injury" or "property damage" which auto", this exclusion does not apply to "bodily would not have occurred in whole or part but injury" to domestic "employees" not entitled to for the actual, alleged or threatened discharge, dispersal, seepage, migration, workers' compensation benefits. For the purposes of this insurance, a domestic release or escape of"pollutants" at any time; "employee" is a person engaged in household or or domestic work performed principally in (2) "Pollution cost or expense". connection with a residence premises. CU 00 01 04 13 Page 3 of 19 Alaska Nation/ INSURANCE COMPANY This exclusion does not apply if valid "underlying (5) Aircraft that is: insurance" for the pollution liability risks (a) Chartered by, loaned to, or hired by you described above exists or would have existed with a paid crew; and but for the exhaustion of underlying limits for "bodily injury" and "property damage", To the (b) Not owned by any insured. extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part for Bodily injury" or "property damage" arising out the pollution risks described above will follow the of the use of"mobile equipment'or"autos"in, or same provisions, exclusions and limitations that while in practice for, or while being prepared for, are contained in the applicable "underlying any prearranged professional or organized insurance", unless otherwise directed by this racing, speed, demolition, or stunting activity or insurance. contest. j. Aircraft Or Watercraft 1. War "Bodily injury" or "property damage" arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused, arising,directly or indirectly, out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured. Use includes operation (2) Warlike action by a military force, including and"loading or unloading". action in hindering or defending against an This exclusion applies even if the claims against actual or expected attack, by any any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others by (3) Insurrection, rebellion, revolution, usurped that insured, if the "occurrence" which caused power, or action taken by governmental the "bodily injury" or"property damage" involved authority in hindering or defending against the ownership, maintenance, use or entrustment any of these. to others of any aircraft or watercraft that is m. Damage To Property owned or operated by or rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or any (2) A watercraft you do not own that is: other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any "insured damage to another's property; or contract" for the ownership, maintenance or (b) Owned or transported by the insured and use of aircraft or watercraft; arising out of the ownership, maintenance (4) The extent that valid "underlying insurance" or use of a"covered auto". for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage" arises out of any part existed but for the exhaustion of underlying of those premises; limits for"bodily injury"or"property damage". (3) Property loaned to you; To the extent this exclusion does not apply, (4) Personal property in the care, custody or the insurance provided under this Coverage control of the insured; Part for the aircraft or watercraft risks described above will follow the same (5) That particular part of real property on which provisions, exclusions and limitations that you or any contractors or subcontractors are contained in the "underlying insurance", working directly or indirectly on your behalf unless otherwise directed by this insurance; are performing operations, if the "property or damage"arises out of those operations; or I i i CU 00 01 04 13 Page 4 of 19 Alaska National INSURANCE COMPANY (6) That particular part of any property that must (3) "Impaired property"; be restored, repaired or replaced because if such product,work,or property is withdrawn or your work"was incorrectly performed on it. recalled from the market or from use by any Paragraph (2) of this exclusion does not apply if person or organization because of a known or the premises are "your work" and were never suspected defect, deficiency, inadequacy or ! occupied, rented or held for rental by you, dangerous condition in it. Paragraphs (1)(b), (3), (4), (5) and (6) of this r. Personal And Advertising Injury exclusion do not apply to liability assumed under "Bodily injury" arising out of "personal and a sidetrack agreement. advertising injury". Paragraphs (3) and (4) of this exclusion do not s. Professional Services apply to liability assumed under a written Trailer Interchange agreement. 'Bodily injury" or "property damage" due to rendering of or failure to render any professional Paragraph (6) of this exclusion does not apply to service.This includes but is not limited to: "property damage" included in the "products- completed operations hazard". (1) Legal, accounting or advertising services; n. Damage To Your Product (2) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, "Property damage" to "your product" arising out reports, surveys, field orders, change orders of it or any part of it. or drawings or specifications; o. Damage To Your Work (3) Inspection, supervision, quality control, "Property damage" to "your work" arising out of architectural or engineering activities done it or any part of it and included in the "products- by or for you on a project on which you serve completed operations hazard". as construction manager; This exclusion does not apply if the damaged (4) Engineering services, including related work or the work out of which the damage arises supervisory or inspection services; was performed on your behalf by a (5) Medical, surgical, dental, X-ray or nursing subcontractor. services treatment, advice or instruction; p. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically Injured advice or instruction; "Property damage" to "impaired property" or (7) Any service, treatment, advice or instruction property that has not been physically injured, for the purpose of appearance or skin arising out of: enhancement, hair removal or replacement, (1) A defect, deficiency, inadequacy or or personal grooming or therapy; dangerous condition in "your product" or (g) Any service, treatment, advice or instruction "your work"; or relating to physical fitness, including service, (2) A delay or failure by you or anyone acting on treatment, advice or instruction in connection your behalf to perform a contract or with diet, cardiovascular fitness, bodybuilding agreement in accordance with its terms, or physical training programs; This exclusion does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and including the prescribing, preparation, fitting, accidental physical injury to "your product" or demonstration or distribution of ophthalmic "your work" after it has been put to its intended lenses and similar products or hearing aid use. devices; q. Recall Of Products,Work Or Impaired (10) Body piercing services; Property (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or expense (12) Law enforcement or firefighting services; and incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, (13) Handling, embalming, disposal, burial, replacement, adjustment, removal or disposal cremation or disinterment of dead bodies. of: (1) "Your product"; (2) "Your work"; or CU 00 01 04 13 Page 5 of 19 Alaska National INSURANCE COMPANY This exclusion applies even if the claims against COVERAGE B—PERSONAL AND ADVERTISING any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by . We will a on behalf of the insured the that insured, if the "occurrence" which caused a pay limit" because of "personal and advertising the bodily injury or property damage", ultimate net loss" in excess of involved the rendering of or failure to render any p g , professional service. injury" to which this insurance applies. We will have the right and duty to defend the insured t. Electronic Data against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of "underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty to liability for damages because of"bodily injury". defend, we will have the right to defend, or to participate in the defense of, the insured against As used in this exclusion, electronic data means any other "suit" seeking damages to which this information, facts or programs stored as or on, insurance may apply. However, we will have no created or used on, or transmitted to or from duty to defend the insured against any "suit" computer software, including systems and seeking damages for "personal and advertising applications software, hard or floppy disks, CD- injury"to which this insurance does not apply. At ROMs, tapes, drives, cells, data processing our discretion, we may investigate any offense devices or any other media which are used with that may involve this insurance and settle any electronically controlled equipment. resultant claim or "suit" for which we have the This exclusion does not apply if valid"underlying duty to defend. But: insurance"for the electronic data risks described (1) The amount we will pay for the "ultimate net above exists or would have existed but for the loss" is limited as described in Section II[ — exhaustion of underlying limits for"bodily injury" Limits Of Insurance; and and "property damage". The insurance provided under this Coverage Part will follow the same (2) Our right and duty to defend end when we provisions, exclusions and limitations that are have used up the applicable limit of contained in the applicable "underlying insurance in the payment of judgments or insurance", unless otherwise directed by this settlements under Coverages A or B. insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary Payments—Coverages A and B. Bodily injury" or "property damage arising b. This insurance applies to „personal and directly or indirectly out of any action or omission that violates or is alleged to violate: advertising injury"that is subject to an applicable "retained limit". If any other limit, such as a (1) The Telephone Consumer Protection Act sublimit, is specified in the "underlying (TCPA), including any amendment of or insurance", this insurance does not apply to j addition to such law; "personal and advertising injury" arising out of (2) The CAN-SPAM Act of 2003, including any that exposure unless that limit is specified in the amendment of or addition to such law; Declarations under the Schedule of "underlying (3) The Fair Credit Reporting Act (FCRA), and insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury" caused by an offense arising Transactions Act(FACTA);or out of your business but only if the offense was committed in the "coverage territory" during the (4) Any federal, state or local statute, ordinance policy period. or regulation, other than the TCPA, CAN- SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, ! transmitting, communicating or distribution of i material or information. i i CU 00 01 04 13 Page 6 of 19 i i Alaska National INSURANCE COMPANY 2. Exclusions (9) Infringement Of Copyright,Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury": Arising out of the infringement of copyright, patent, trademark, trade secret or other (1) Knowing Violation Of Rights Of Another intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would violate rights do not include the use of another's the rights of another and would inflict advertising idea in your"advertisement". "personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses direction of the insured with knowledge of its Committed by an insured whose business is: falsity. (a) Advertising, broadcasting, publishing or (3) Material Published Prior To Policy Period telecasting; Arising out of oral or written publication, in (b) Designing or determining content of web any manner, of material whose first sites for others; or publication took place before the beginning of the policy period. (c) An Internet search, access, content or service provider. (4) Criminal Acts However, this exclusion does not apply to Arising out of a criminal act committed by or Paragraphs 14.a., b. and c. of"personal and at the direction of the insured. advertising injury" under the Definitions (5) Contractual Liability section. For which the insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links, or does not apply to: advertising, for you or others anywhere on (a) Liability for damages that the insured the Internet, is not by itself, considered the would have in the absence of the contract business of advertising, broadcasting, or agreement. publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin Boards imprisonment assumed in a contract or Arising out of an electronic chatroom or agreement. bulletin board the insured hosts, owns, or (6) Breach Of Contract over which the insured exercises control. Arising out of a breach of contract, except an (12) Unauthorized Use Of Another's Name Or implied contract to use another's advertising Product idea in your"advertisement". Arising out of the unauthorized use of (7) Quality Or Performance Of Goods— another's name or product in your e-mail Failure To Conform To Statements address, domain name or metatag, or any other similar tactics to mislead another's Arising out of the failure of goods, products potential customers. or services to conform with any statement of j quality or performance made in your (13) Pollution "advertisement Arising out of the actual, alleged or (8) Wrong Description Of Prices threatened discharge, dispersal, seepage, migration, release or escape of "pollutants' '- Arising out of the wrong description of the at any time. price of goods, products or services stated in ; your"advertisement". i i i i CU 00 01 04 13 Page 7 of 19 Alaska National INSURANCE COMPANY (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of appearance (i) Refusal to employ that person; or skin enhancement, hair removal or (i 1) Termination of that person's replacement, or personal grooming or employment; or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; or (1) Optometry or optical or hearing aid (b) The spouse, child, parent, brother or services including the prescribing, sister of that person as a consequence of preparation, fitting, demonstration ' or "personal and advertising injury" to that distribution of ophthalmic lenses and person at whom any of the employment- similar products or hearing aid devices; related practices described in Paragraph (j) Body piercing services; (1), (it)or(III) above is directed. (k) Services in the practice of pharmacy; This exclusion applies whether the injury- causing event described in Paragraph (i), (ii) (I) Law enforcement or firefighting services; or (Iii) above occurs before employment, and during employment or after employment of (m) Handling, embalming, disposal, burial, that person. cremation or disinterment of dead bodies. This exclusion applies whether the insured This exclusion applies even if the claims may be liable as an employer or in any other against any insured allege negligence or capacity, and to any obligation to share other wrongdoing in the supervision, hiring, damages with or repay someone else who employment, training or monitoring of others must pay damages because of the injury. by that insured, if the offense which caused (15) Professional Services the "personal and advertising injury", involved the rendering of or failure to render Arising out of the rendering of or failure to any professional service, render any professional service. This (16) War includes but is not limited to: (a) Legal, accounting or advertising services; However caused, arising, directly or indirectly, out of: (b) Preparing, approving, or failing to prepare or approve, maps, shop drawings, (a) War, including undeclared or civil war; opinions, reports, surreys, field orders, (b) Warlike action by a military force, change orders or drawings or including action in hindering or defending specifications; against an actual or expected attack, by (c) Inspection, supervision, quality control, any government, sovereign or other architectural or engineering activities authority using military personnel or other done by or for you on a project on which agents; or you serve as construction manager; (c) Insurrection, rebellion, revolution, (d) Engineering services, including related usurped power, or action taken by supervisory or inspection services; governmental authority in hindering or (e) Medical, surgical, dental, X-ray or nursing defending against any of these. services treatment,advice or instruction; CU 00 01 04 13 Page 8 of 19 Alaska National INSURANCE COMPANY (17) Recording And Distribution Of Material Or f. Prejudgment interest awarded against the Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any action we make an offer to pay the applicable limit of or omission that violates or is alleged to insurance, we will not pay any prejudgment violate: interest based on that period of time after the (a) The Telephone Consumer Protection Act offer. (TCPA), including any amendment of or g• All interest on the full amount of any judgment addition to such law; that accrues after entry of the judgment and before we have paid, offered to pay, or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. and any amendment of or addition to 2 When we have the right but not the duty to defend such law, including the Fair and Accurate g Y Credit Transactions Act(FACTA); or the insured and elect to participate in the defense, we will pay our own expenses but will not contribute (d) Any federal, state or local statute, to the expenses of the insured or the "underlying ordinance or regulation, other than the insurer". TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that 3. If we defend an insured against a "suit" and an addresses, prohibits, or limits the printing, indemnitee of the insured is also named as a party dissemination, disposal, collecting, to the "suit", we will defend that indemnitee if all of recording, sending, transmitting, the following conditions are met: communicating or distribution of material a. The "suit" against the indemnitee seeks or information. damages for which the insured has assumed the b. "Pollution cost or expense". liability of the indemnitee in a contract or agreement that is an "insured contract' SUPPLEMENTARY PAYMENTS—COVERAGES A lies b. This insurance a to such liability AND B applies Y assumed 1. We will pay, with respect to any claim we by the insured; investigate or settle, or any"suit"against an insured c. The obligation to defend, or the cost of the we defend, when the duty to defend exists: defense of, that indemnitee, has also been assumed by the insured in the same "insured a. All expenses we incur. contract"; b. Up to $2,000 for cost of bail bonds (including d. The allegations in the "suit" and the information bonds for related traffic law violations) required we know about the "occurrence" are such that because of an "occurrence" we cover. We do no conflict appears to exist between the not have to furnish these bonds. interests of the insured and the interests of the c. The cost of bonds to release attachments, but indemnitee; only for bond amounts within the applicable limit e. The indemnitee and the insured ask us to of insurance. We do not have to furnish these conduct and control the defense of that bonds. indemnitee against such "suit" and agree that d. All reasonable expenses incurred by the insured we can assign the same counsel to defend the at our request to assist us in the investigation or insured and the indemnitee; and defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. i i CU 00 01 04 13 Page 9 of 19 j Alaska National INSURANCE COMPANY f. The indemnitee: (3) A limited liability company, you are an (1) Agrees in writing to: insured. Your members are also insureds, but only with respect to the conduct of your (a) Cooperate with us in the investigation, business. Your managers are insureds, but settlement or defense of the"suit'; only with respect to their duties as your (b) Immediately send us copies of any managers. demands, notices, summonses or legal (4) An organization other than a partnership, papers received in connection with the joint venture or limited liability company, you "suit"; are an insured. Your"executive officers" and (c) Notify any other insurer whose coverage directors are insureds, but only with respect is available to the indemnitee; and to their duties as your officers or directors. (d) Cooperate with us with respect to Your stockholders are also insureds, but only coordinating other applicable insurance with respect to their liability as stockholders. available to the indemnitee; and (5) A trust, you are an insured. Your trustees are (2) Provides us with written authorization to: also insureds, but only with respect to their duties as trustees. (a) Obtain records and other information b. Each of the following is also an insured: related to the"suit"; and {b} Conduct and control the defense of the (1) Your "volunteer workers" only while indemnitee in such "suit`, performing duties related to the conduct of your business, or your "employees", other So long as the above conditions are met, attorneys' than either your "executive officers" (if you fees incurred by us in the defense of that are an organization other than a partnership, indemnitee, necessary litigation expenses incurred joint venture or limited liability company) or by us and necessary litigation expenses incurred by your managers (if you are a limited liability the indemnitee at our request will be paid as company), but only for acts within the scope Supplementary Payments. Notwithstanding the of their employment by you or while provisions of Paragraph 2.b.(2) of Section I -- performing duties related to the conduct of Coverage A — Bodily Injury And Property Damage your business. However, none of these Liability, such payments will not be deemed to be "employees" or "volunteer workers" are damages for "bodily injury" and "property damage" insureds for: and will not reduce the limits of insurance, (a) "Bodily injury or "personal and Our obligation to defend an insured's indemnitee advertising injury": and to pay for attorneys' fees and necessary (i) To you, to your partners or members litigation expenses as Supplementary Payments (if you are a partnership or joint ends when we have used up the applicable limit of venture), to your members (if you are insurance in the payment of judgments or a limited liability company), to a co- i settlements or the conditions set forth above, or the "employee" in the course of his or her terms of the agreement described in Paragraph f. employment or performing duties I above, are no longer met. related to the conduct of your SECTION II —WHO IS AN INSURED business or to your other "volunteer 1. Except for liability arising out of the ownership, workers" while performing duties maintenance or use of"covered autos": related to the conduct of your business; a. If you are designated in the Declarations as; (ii) To the spouse, child, parent, brother (1) An individual, you and your spouse are or sister of that co-"employee" or insureds, but only with respect to the conduct "volunteer worker" as a consequence of a business of which you are the sole of Paragraph(a)(i) above; or owner. i (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 3 CU 00 01 04 13 Page 10 of 19 Alaska National INSURANCE C O M PAN Y (iii) For which there is any obligation to 2. Only with respect to liability arising out of the share damages with or repay ownership, maintenance or use of"covered autos": someone else who must pay a. You are an insured. damages because of the injury described in Paragraph (a)(i) or (0) b. Anyone else while using with your permission a above. "covered auto" you own, hire or borrow is also b "Property damage"toproperty: an insured except: ( } p Y 9 ' (i) Owned, occupied or used by; (1) The owner or anyone else from whom you hire or borrow a "covered auto". This (ii) Rented to, in the care, custody or exception does not apply if the "covered control of, or over which physical auto" is a trailer or semitrailer connected to a control is being exercised for any "covered auto"you own. purpose by; (2) Your "employee" if the "covered auto" is you, any of your "employees", "volunteer owned by that "employee" or a member of workers", any partner or member (if you his or her household. are a partnership or joint venture), or any (3) Someone using a "covered auto" while he or member (if you are a limited liability she is working in a business of selling, company). servicing, repairing, parking or storing (2) Any person (other than your "employee" or "autos" unless that business is yours. "volunteer worker"), or any organization while acting as your real estate manager. (4) Anyone other than your "employees", (3) Any person or organization having proper partners (if you are a partnership), members temporary custody of your property if you (if you are a limited liability company), or a die, but only: lessee or borrower or any of their "employees", while moving property to or (a) With respect to liability arising out of the from a"covered auto", maintenance or use of that property; and (5) A partner (if you are a partnership), or a (b) Until your legal representative has been member (if you are a limited liability appointed. company) for a"covered auto"owned by him (4) Your legal representative if you die, but only or her or a member of his or her household. with respect to duties as such. That (6) "Employees"with respect to"bodily injury"to: representative will have all your rights and (a) Any fellow "employee" of the insured duties under this Coverage Part. arising out of and in the course of the c. Any organization you newly acquire or form, fellow "employee's" employment or while other than a partnership, joint venture or limited performing duties related to the conduct liability company, and over which you maintain of your business;or ownership or majority interest, will qualify as a (b} The spouse, child, parent, brother or Named Insured if there is no other similar sister of that fellow "employee" as a insurance available to that organization. consequence of Paragraph(a) above. However: (1) Coverage under this provision is afforded c. Anyone liable for the conduct of an insured only until the 90th day after you acquire or described above is also an insured, but only to form the organization or the end of the policy the extent of that liability. period,whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to"personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. CU 00 01 04 13 Page 11 of 19 Alaska National INSURANCE COMPANY 3. Any additional insured under any policy of 5. If there is "underlying insurance" with a policy "underlying insurance" will automatically be an period that is nonconcurrent with the policy period insured under this insurance. of this Commercial Liability Umbrella Coverage Subject to Section I[[ — Limits Of Insurance, if Part, the "retained limit(s)" will only be reduced or coverage provided to the additional insured is exhausted by payments for: required by a contract or agreement, the most we a. "Bodily injury" or "property damage" which will pay on behalf of the additional insured is the occurs during the policy period of this Coverage amount of insurance: Part; or a. Required by the contract or agreement, less any b. "Personal and advertising injury" for offenses amounts payable by any "underlying insurance'; that are committed during the policy period of or this Coverage Part. b. Available under the applicable Limits of However, if any"underlying insurance" is written on Insurance shown in the Declarations; a claims-made basis, the "retained limit(s)'will only whichever is less. be reduced or exhausted by claims for that insurance that are made during the policy period, or Additional insured coverage provided by this any Extended Reporting Period, of this Coverage insurance will not be broader than coverage part provided by the"underlying insurance". The Aggregate Limit, as described in Paragraph 2. No person or organization is an insured with respect to above, applies separately to each consecutive annual the conduct of any current or past partnership, joint period and to any remaining period of less than 12 venture or limited liability company that is not shown as months, starting with the beginning of the policy period a Named Insured in the Declarations. shown in the Declarations unless the polic y y period is SECTION III— LIMITS OF INSURANCE extended after issuance for an additional period of less 1. The Limits of Insurance shown in the Declarations than 12 months. In that case, the additional period will and the rules below fix the most we will pay be deemed part of the last preceding period for regardless of the number of: purposes of determining the Limits of Insurance. a. Insureds; SECTION IV—CONDITIONS b. Claims made, "suits" brought, or number of 1. Appeals vehicles involved; or If the "underlying insurer" or insured elects not to c. Persons or organizations making claims or appeal a judgment in excess of the "retained limit", bringing"suits". we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment 2. The Aggregate Limit is the most we will pay for the interest and disbursements associated with such . sum of all"ultimate net loss"under: appeal. In no event will this provision increase our a. Coverage A, except "ultimate net loss" because liability beyond the applicable Limits of Insurance of "bodily injury" or "property damage" arising described in Section III—Limits Of Insurance. out of the ownership, maintenance or use of a 2. Bankruptcy "covered auto"; and a. Bankruptcy Of Insured b. Coverage B. Bankruptcy or insolvency of the insured or of the 3. Subject to Paragraph 2. above, the Each insured's estate will not relieve us of our Occurrence Limit is the most we will pay for the obligations under this Coverage Part, sum of all "ultimate net loss" under Coverage A because of all "bodily injury"and "property damage" arising out of any one"occurrence". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury"sustained by any one person or organization. CU 00 01 04 13 Page 12 of 19 Alaska National INSURANCE COMPANY b. Bankruptcy Of Underlying Insurer 4. Legal Action Against Us Bankruptcy or insolvency of the "underlying No person or organization has a right under this insurer" will not relieve us of our obligations Coverage Part: under this Coverage Part. a. To join us as a party or otherwise bring us into a However, this insurance will not replace the "suit"asking for damages from an insured; or "underlying insurance" in the event of bankruptcy or b• To sue us on this Coverage Part unless all of its insolvency of the "underlying insurer". This terms have been fully complied with. insurance will apply as if the "underlying insurance" were in full effect. A person or organization may sue us to recover on 3. Duties in The Event Of Occurrence,Offense, an agreed settlement or on a final judgment against Claim Or Suit an insured; but we will not be liable for damages i that are not payable under the terms of this a. You must see to it that we are notified as soon Coverage Part or that are in excess of the as practicable of an "occurrence" or an offense, applicable limit of insurance. An agreed settlement regardless of the amount, which may result in a means a settlement and release of liability signed claim. To the extent possible, notice should by us, the insured and the claimant or the include: claimant's legal representative. (1) How, when and where the "occurrence" or 5. Other Insurance offense took place; a. This insurance is excess over, and shall not (2) The names and addresses of any injured 4 contribute with any of the other insurance, persons and witnesses; and whether primary, excess, contingent or on any (3) The nature and location of any injury or other basis. This condition will not apply to damage arising out of the "occurrence" or insurance specifically written as excess over this offense. Coverage Part. b. If a claim is made or "suit" is brought against When this insurance is excess, we will have no any insured, you must: duty under Coverages A or B to defend the (1) Immediately record the specifics of the claim insured against any "suit" if any other insurer or"suit"and the date received; and has a duty to defend the insured against that "suit". If no other insurer defends, we will (2) Notify us as soon as practicable. undertake to do so, but we will be entitled to the You must see to it that we receive written notice insured's rights against all those other insurers. of the claim or"suit' as soon as practicable. b. When this insurance is excess over other c. You and any other involved insured must: insurance, we will pay only our share of the (1) Immediately send us copies of any demands, "ultimate net loss"that exceeds the sum of: notices, summonses or legal papers (1) The total amount that all such other received in connection with the claim or insurance would pay for the loss in the j "suit"; absence of the insurance provided under this (2) Authorize us to obtain records and other Coverage Part; and information; (2) The total of all deductible and self-insured (3) Cooperate with us in the investigation or amounts under all that other insurance. settlement of the claim or defense against the"suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. i CU 00 01 04 13 Page 13 of 19 Alaska National INSURANCE COMPANY 6. Premium Audit 10.When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we Part in accordance with our rules and rates. will mail or deliver to the first Named Insured shown b. Premium shown in this Coverage Part as in the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date 11.Loss Payable for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of Liability under this Coverage Part does not apply to the advance and audit premiums paid for the a given claim unless and until: policy period is greater than the earned a. The insured or insured's"underlying insurer"has premium, we will return the excess to the first become obligated to pay the"retained limit"; and Named Insured. b. The obligation of the insured to pay the"ultimate c. The first Named Insured must keep records of net loss" in excess of the "retained limit" has the information we need for premium been determined by a final settlement or computation, and send us copies at such times judgment or written agreement among the as we may request. insured, claimant and us. 7. Representations Or Fraud 12.Transfer Of Defense By accepting this policy, you agree: When the underlying limits of insurance have been a. The statements in the Declarations are accurate used up in the payment of judgments or and complete; settlements, the duty to defend will be transferred to us.We will cooperate in the transfer of control to us b. Those statements are based upon representations you made to us; of any outstanding claims or 'suits seeking damages to which this insurance applies which c. We have issued this policy in reliance upon your would have been covered by the "underlying representations; and insurance" had the applicable limit not been used d. This policy is void in any case of fraud by you as up• it relates to this policy or any claim under this 13.Maintenance Of/Changes To Underlying policy. Insurance 8. Separation Of Insureds Any "underlying insurance" must be maintained in Except with respect to the Limits of Insurance, and full effect without reduction of coverage or limits any rights or duties specifically assigned in this except for the reduction of the aggregate limit in Coverage Part to the first Named Insured, this accordance with the provisions of such "underlying insurance applies: insurance" that results from payment of claims, settlement or judgments to which this insurance a. As if each Named Insured were the only Named applies. Insured; and Such exhaustion or reduction is not a failure to b. Separately to each insured against whom claim maintain "underlying insurance". Failure to maintain is made or suit Is brought. "underlying insurance" will not invalidate insurance 9. Transfer Of Rights Of Recovery Against Others provided under this Coverage Part, but insurance To Us provided under this Coverage Part will apply as if If the insured has rights to recover all or part of any the"underlying insurance"were in full effect. payment we have made under this Coverage Part, If there is an increase in the scope of coverage of those rights are transferred to us. The insured must any "underlying insurance" during the term of this do nothing after loss to impair them.At our request, policy, our liability will be no more than it would the insured will bring "suit" or transfer those rights have been if there had been no such increase. to us and help us enforce them. CU 00 01 04 13 Page 14 of 19 Alaska National INSURANCE COMPANY You must notify us in writing, as soon as SECTION V—DEFINITIONS practicable, if any "underlying insurance" is 1. "Advertisement"means a notice that is broadcast or cancelled; not renewed, replaced or otherwise published to the general public or specific market terminated, or if the limits or scope of coverage of segments about your goods, products or services any"underlying insurance"is changed, for the purpose of attracting customers or 14.Expanded Coverage Territory supporters. For the purposes of this definition: a. If a "suit" is brought in a part of the "coverage a. Notices that are published include material territory" that is outside the United States of placed on the Internet or on similar electronic America (including its territories and means of communication; and possessions), Puerto Rico or Canada, and we b. Regarding web sites, only that part of a web site are prevented by law, or otherwise, from that is about your goods, products or services defending the insured, the insured will initiate a for the purposes of attracting customers or defense of the "suit". We will reimburse the supporters is considered an advertisement. insured, under Supplementary Payments, for any reasonable and necessary expenses 2. "Auto"means: incurred for the defense of a "suit" seeking a. A land motor vehicle, trailer or semitrailer damages to which this insurance applies, that designed for travel on public roads, including we would have paid had we been able to any attached machinery or equipment; or exercise our right and duty to defend. b. Any other land vehicle that is subject to a ' If the insured becomes legally obligated to pay compulsory or financial responsibility law or i sums because of damages to which this other motor vehicle insurance law where it is insurance applies in a part of the "coverage licensed or principally garaged, territory" that is outside the United States of However, "auto" does not include "mobile America (including its territories and possessions), Puerto Rico or Canada, and we equipment". are prevented by law, or otherwise, from paying 3. "Bodily injury" means bodily injury, disability, such sums on the insured's behalf, we will sickness or disease sustained by a person, reimburse the insured for such sums. including death resulting from any of these at any b. All payments or reimbursements we make for time. "Bodily injury" includes mental anguish or damages because of judgments or settlements other mental injury resulting from "bodily injury". will be made in U.S. currency at the prevailing 4. "Coverage territory" means anywhere in the world exchange rate at the time the insured became with the exception of any country or jurisdiction legally obligated to pay such sums.All payments which is subject to trade or other economic sanction or reimbursements we make for expenses under or embargo by the United States of America. Supplementary Payments will be made in U.S. 5. "Covered auto" means only those "autos" to which currency at the prevailing exchange rate at the "underlying insurance"applies. time the expenses were incurred. 6. "Employee" includes a "leased worker". "Employee" c. Any disputes between you and us as to whether does not include a"temporary worker". there is coverage under this policy must be filed 7. "Executive officer" means a person holding any of in the courts of the United States of America (including its territories and possessions), the officer positions created by your charter, Canada or Puerto Rico. constitution, bylaws or any other similar governing document. d. The insured must fully maintain any coverage 8. "Impaired property" means tangible property, other required by law, regulation or other than "your product" or "your work", that cannot be governmental authority during the policy period, used or is less useful because: except for reduction of the aggregate limits due to payments of claims, judgments or a. It incorporates"your product"or"your work"that settlements. is known or thought to be defective, deficient, Failure to maintain such coverage required by inadequate or dangerous; or law, regulation or other governmental authority b. You have failed to fulfill the terms of a contract will not invalidate this insurance. However, this or agreement; insurance will apply as if the required coverage by law, regulation or other governmental authority was in full effect. CU00010413 Page 15of19 Alaska National INS URANCE COMPANY if such property can be restored to use by the (3) That holds a person or organization engaged repair, replacement, adjustment or removal of"your in the business of transporting property by product"or"your work",or your fulfilling the terms of "auto" for hire harmless for your use of a the contract or agreement. "covered auto" over a route or territory that 9. "Insured contract"means: person or organization is authorized to serve by public authority. a. A contract for a lease of premises. However,that portion of the contract for a lease of 10."Leased worker„ means a person leased to you by premises that indemnifies any person or a labor leasing firm under an agreement between organization for damage by fire to premises you and the labor leasing firm, to perform duties while rented to you or temporarily occupied by related to the conduct of your business. "Leased you with permission of the owner is not an worker"does not include a"temporary worker". "insured contract"; 11."Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, except in a. After it is moved from the place where it is connection with construction or demolition accepted for movement into or onto an aircraft, operations on or within 50 feet of a railroad; watercraft or"auto"; d. An obligation, as required by ordinance, to b. While it is in or on an aircraft, watercraft or indemnify a municipality, except in connection "auto"; or with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto" to the place where it is f. That part of any contract or agreement entered finally delivered; into, as part of your business, pertaining to the but "loading or unloading" does not include the rental or lease, by you or any of your movement of property by means of a mechanical "employees", of any "auto". However, such device, other than a hand truck, that is not attached contract or agreement shall not be considered to the aircraft, watercraft or"auto". an "insured contract" to the extent that it 12."Mobile equipment" means any of the following obligates you or any of your"employees"to pay types of land vehicles, including any attached for "property damage" to any "auto" rented or machinery or equipment: leased by you or any of your"employees". a. Bulldozers, farm machinery, forklifts and other g. That part of any other contract or agreement vehicles designed for use principally off public pertaining to your business (including an roads; indemnification of a municipality in connection b. Vehicles maintained for use solely on or next to with work performed for a municipality) under premises you own or rent; which you assume the tort liability of another party to pay for "bodily injury" or "property c. Vehicles that travel on crawler treads; damage" to a third person or organization. Tort d. Vehicles, whether self-propelled or not, liability means a liability that would be imposed maintained primarily to provide mobility to by law in the absence of any contract or permanently mounted: agreement. (1) Power cranes, shovels, loaders, diggers or Paragraphs f. and g. do not include that part of any drills; or contract or agreement: (2) Road construction or resurfacing equipment (1) That indemnifies a railroad for "bodily injury" such as graders, scrapers or rollers; or "property damage" arising out of e. Vehicles not described in Paragraph a., b., c. or construction or demolition operations, within d. above that are not self-propelled and are 50 feet of any railroad property and affecting maintained primarily to provide mobility to any railroad bridge or trestle, (racks, road- permanently attached equipment of the following beds, tunnel, underpass or crossing; types: (2) That pertains to the loan, lease or rental of an "auto"to you or any of your"employees", if the "auto' is loaned, leased or rented with a driver; or i E i CU 00 01 04 13 Page 16 of 19 Alaska National INSURANCE COMPANY (1) Air compressors, pumps and generators, f. The use of another's advertising idea in your including spraying, welding, building "advertisement'; or cleaning, geophysical exploration, lighting g. Infringing upon another's copyright, trade dress and well servicing equipment; or or slogan in your"advertisement". (2) Cherry pickers and similar devices used to 15."pollutants" mean any solid, liquid, gaseous or raise or lower workers; thermal irritant or contaminant, including smoke, f. Vehicles not described in Paragraph a., b., c. or vapor, soot, fumes, acids, alkalis, chemicals and d. above maintained primarily for purposes other waste. Waste includes materials to be recycled, than the transportation of persons or cargo. reconditioned or reclaimed. However, self-propelled vehicles with the 16."Pollution cost or expense" means any loss, cost or following types of permanently attached expense arising out of any: equipment are not "mobile equipment" but will a. Request, demand, order or statutory or be considered"autos regulatory requirement that any insured or (1) Equipment designed primarily for: others test for, monitor, clean up, remove, (a) Snow removal; contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, (b) Road maintenance, but not construction "pollutants"; or or resurfacing; or (c) Street cleaning; b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, (2) Cherry pickers and similar devices mounted monitoring, cleaning up, removing, containing, on automobile or truck chassis and used to treating, detoxifying or neutralizing, or in any raise or lower workers; and way responding to, or assessing the effects of, (3) Air compressors, pumps and generators, "pollutants". including spraying, welding, building 17."Products-completed operations hazard": cleaning, geophysical exploration, lighting a. Includes all "bodily injury" and "property and well servicing equipment. damage" occurring away from premises you However, "mobile equipment" does not include own or rent and arising out of"your product" or land vehicles that are subject to a compulsory or "your work"except: financial responsibility law or other motor vehicle (1) Products that are still in your physical insurance law where it is licensed or principally possession; or garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor (2) Work that has not yet been completed or vehicle insurance law are considered"autos". abandoned. However, "your work" will be deemed completed at the earliest of the 13."Occurrence" means an accident, including following times: continuous or repeated exposure to substantially the same general harmful conditions, (a) When all of the work called for in your 14."Personal and advertising injury" means injury, contract has been completed. including consequential "bodily injury", arising out of (b) When all of the work to be done at the job one or more of the following offenses: site has been completed if your contract calls for work at more than one job site. a. False arrest, detention or imprisonment; (c) When that part of the work done at a job b. Malicious prosecution; site has been put to its intended use by c. The wrongful eviction from, wrongful entry into, any person or organization other than or invasion of the right of private occupancy of a another contractor or subcontractor room, dwelling or premises that a person working on the same project. occupies, committed by or on behalf of its Work that may need service, maintenance, owner, landlord or lessor; correction, repair or replacement, but which d. Oral or written publication, in any manner, of is otherwise complete, will be treated as material that slanders or libels a person or completed. organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; CU 00 01 04 13 Page 17 of 19 Alaska National INSURANCE COMPANY b. Does not include "bodily injury" or "property 21."Suit" means a civil proceeding in which damages damage"arising out of: because of "bodily injury", "property damage" or (1) The transportation of property, unless the "personal and advertising injury" to which this injury or damage arises out of a condition in insurance applies are alleged. "Suit"includes: or on a vehicle not owned or operated by a. An arbitration proceeding in which such you, and that condition was created by the damages are claimed and to which the insured "loading or unloading" of that vehicle by any must submit or does submit with our consent; or insured; or b. Any other alternative dispute resolution (2) The existence of tools, uninstalled equipment proceeding in which such damages are claimed or abandoned or unused materials. and to which the insured submits with our 18."Property damage" means: consent or the"underlying insurer's"consent. a. Physical injury to tangible property, including all 22."Temporary worker" means a person who is l resulting loss of use of that property, All such furnished to you to substitute for a permanent loss of use shall be deemed to occur at the time "employee" on leave or to meet seasonal or short- of the physical injury that caused it; or term workload conditions. b. Loss of use of tangible property that is not 23."Ultimate net loss" means the total sum, after physically injured. All such loss of use shall be reduction for recoveries or salvages collectible, that deemed to occur at the time of the "occurrence" the insured becomes legally obligated to pay as that caused it. damages by reason of settlement or judgments or any arbitration or other alternate dispute method With respect to the ownership, maintenance or use entered into with our consent or the "underlying of "covered autos", property damage also includes insurer's"consent. "pollution cost or expense", but only to the extent that coverage exists under the "underlying 24."Underlying insurance" means any policies of insurance" or would have existed but for the insurance listed in the Declarations under the exhaustion of the underlying limits. Schedule of"underlying insurance". For the purposes of this insurance, with respect to 25."Underlying insurer" means any insurer who other than the ownership, maintenance or use of provides any policy of insurance listed in the "covered autos", electronic data is not tangible Schedule of"underlying insurance". property. 26."Volunteer worker" means a person who is not your As used in this definition, electronic data means "employee", and who donates his or her work and information, facts or programs stored as or on, acts at the direction of and within the scope of created or used on, or transmitted to or from duties determined by you, and is not paid a fee, computer software (including systems and salary or other compensation by you or anyone else applications software), hard or floppy disks, CD- for their work performed for you. ROMs, tapes, drives, cells, data processing devices 27."Your product": or any other media which are used with a. Means: electronically controlled equipment. 19."Retained limit" means the available limits of (1) Any goods or products, other than real "underlying insurance" scheduled in the property, manufactured, sold, handled, Declarations or the "self-insured retention", distributed or disposed of by: whichever applies. (a) You; 20."Self-insured retention" means the dollar amount (b) Others trading under your name; or listed in the Declarations that will be paid by the (c) A person or organization whose business insured before this insurance becomes applicable or assets you have acquired;and i only with respect to "occurrences" or offenses not covered by the "underlying insurance". The "self- (2) Containers (other than vehicles), materials, insured retention" does not apply to "occurrences" parts or equipment furnished in connection or offenses which would have been covered by with such goods or products. "underlying insurance" but for the exhaustion of } applicable limits. i i F CU00010413 Page 18of19 Alaska National INSURANCE COMPANY b. Includes: b. Includes: (1) Warranties or representations made at any (1) Warranties or representations made at any time with respect to the fitness, quality, time with respect to the fitness, quality, durability, performance or use of "your durability, performance or use of"your work'; product'; and and (2) The providing of or failure to provide (2) The providing of or failure to provide warnings or instructions. warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28."Your work": a. Means: I (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. ' i i i i i 3 i i I I I I j I i it 3 i 1 i ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 Page 19 of 19 {