HomeMy WebLinkAboutCAG2019-0245 - Original - West Coast Signal, Inc. - Flagging/Traffic Control - 05/10/2019KENT POLICE SERVICES AGREEMENTWa3Htr6to¡
TI-ITS AGREEMENT
(hereinafter "Kent"), and
is made between the City of Kent, a Washington municipal corporation
West Goast Signal, lnc.,o rganized under the laws of
the State of Washington, located and doing business at 20111 208th Ave SE; Renton, WA 98058
( hereinafter the "Contractot,,)
I. TERM *AGREEMENT" FURTHER DEFINED - INCORPORATION OF ATTACHMENTS
AND INSURANCE EXIIIBIT. The term "Agreement" as used throughout this document shall
mean this document, and any and all Scope of Services Attachments (hereinafter
"Attachments") which describe the scope of seruices to be performed. The Attachments are
hereby incorporated into this Agreement by this reference. It is recognized that the Contractor
may request police services on several occasions, and therefore, while this main Agreement will
onfy be signed one time, there may be multiple Attachments to this Agreement. This Agreement
shall be enforceable with regard to each instance of work performed pursuant to each
Attachment. In the event of a conflict between the terms of this Agreement and any
Attachment, the terms of this Agreement shall prevail.
The Insurance exhibit as required by Section IX of this Agreement shall also be incorporated ínto
this Agreement as if set forth herein in full.
II. SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kent
police officer who will be dedicated to performing the services described in the Attachment(s) to
this Agreement.
Police officers shall only be permitted to provide police-related services during the performance
of the work called for herein, and Contractor shall not ask or solicit such polÍce officers to
perform work that is not police-related.
III. COST OF SERVICES AND PAY}IENT
A, Hourly Rate. Contractor shall pay to the Kent Police Department a sum for each
hour of worked peformed by a commissioned police officer. The Chief of Police or his or her
designee shall have the authority to determine the hourly rate that, will be specified in theAttachment.
t
B, Four Hour Minimum Payment Requirement. There shall be a four (4) hour
minimum payment required for each instance that a police officer performs services under this
Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4)
hours of work or the actual number of hours worked during each ¡nstance that a police officer
pefforms seruices. For example, if Contractor needs two (2) police officers to work on the same
day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent
for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two
(2) police officers for six (6) hours each, Contractor shall pay for six (6) hours for each police
ofticer for a total of twelve (12) hours.
C. Holiday Sh¡fts and Shifts in Excess of Ten Hours. Shifts pefformed on holidays
shall be subject to an increased hourly rate that will be specified in the Attachment. Shifts that
POLICE SERVICES AGREEMENT - 1 (Form Version: 1t2OI6)
last in excess of ten (10) hours will be subject to a higher hourly rate for all work petformed in
excess of ten (10) hours. The hourly rate for work performed in excess of ten (10) hours may
not be specified in the Attachment, but will be approximately at a rate of one and one-half (1.5)
times the regular hourly rate charged on that day. The Contractor will be billed and shall pay
the rate for work over ten (10) hours even if not specified in the Attachment.
D. Method and Time of Payment, Kent shall, within a reasonable time, submit a bill
to Contractor for amounts owing for services performed. Contractor shall, within fourteen (14)
calendar days of receipt of such bill, pay the amount owing to Kent. All payments shall be made
to the "City of Kent" and shall be delivered to:
City of Kent
Attn: Customer Sen¡ices
220 Fourth Avenue South
Kent, WA 98032
E. Late Payment Penalties, If Contractor fails or neglects to pay any invoice within
thirty (30) calendar days from the date shown on the invoice as the "ÍnvoÍce date," a service
charge of one percent (1olo) of the amount of the unpaid balance on the account or two dollars
($2,00), whichever sum is greater, will be imposed one (1) month from the date payment was
due, and at the end of each succeeding monthly period, until all past due amounts are paid in
full.
Any Ínvoice or service charge due under this Agreement and unpaid shall constitute a debt
owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 19.16 of
the Revised Code of Washington, use a collection agency to collect outstanding debts, or it may
seek collection by court proceedings, which remedies shall be in addition to all other remedies.
At the discretion of the Chief of Police or his or her designee, services may not be
provided to Contractors who have delinquent payments.
IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services called
for in this Agreement shall at all times be subject to the rules, regulations, and policies of Kent
and its Police Department, and shall be required to follow the orders of supervisors and
command staff. Contractor understands that police officers performing services pursuant to this
Agreement may, from time to time, be required to perform traditional police duties for the
benefit of the greater public. Therefore, from time to time, police officers performing services
for Contractor may be required to respond to emergencies and abandon the services being called
for under this Agreement. In the event of this occurrence, Contractor)shall not be relieved of
providing full payment; provided, tfrat in the event the interruption lasts longer that one half of
one hour (i.e., more than thirty (30) continuous minutes), Kent and Contractor will agree to an
amount of a reduction in the costs of services to account for the polÎce officer's time not
performing sen¿ices under this Agreement.
V. TNDEMNIFICATION,
A, General. Contractor shall defend, indemnify, and hold Kent, 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 Kent's
peformance of this Agreement, except for that portion of the injuries and damages caused by
the sole negligence of Kent or its officers or employees.
POLICE SERVTCES AGREEMENT - 2 (Form Version: L(2OL6)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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,
B. Indemnification and the Public Þuty Doctrine. Contractor understands that,
pursuant to the legal doctrine in Washington called the '-public duty doctrine," Kent, its Police
Department, and its officers and employees of the Kent Police Depaftment, owe a general duty
to the public and not a specific duty of protection or care to the Contractor. Contractor
understands that by entering into this Agreement, the Police Department's and the police
officer's duties remain to the public in general, and neither Kent, its Police Department, nor any
of its officers or employees have a specific duty of protection or care to the Contractor, its
employees, subcontractors, and agents, or any of its guests. or other people on the premises of
the Contractor. Moreover, neither Kent, its Police Depaftment, nor any officer or employee of
Kent guarantees, in any way, the safety of any person or property as a result of the work
performed under this Agreement. In the event of injury to any person or propefty, Contractor
shall not asseft that Kent, its Police Depaftment, or its police officer owed any special duty to
protect persons or propefty or provide care for such persons or propefi or had any special
relationship with the owner or any other person to protect persons or property. This Agreement
shall in no way create a duty for Kent, its Police Depaftment, or any of its officers or employees
where none previously existed. In the event Kent is sued, and a court determines that the
public duty doctrine does not apply, or an exception to the public duty doctrine exists with
relation to an injury to the person or property of any employee, subcontractor, guest, or other
person on the premises of Contractor, Contractor shall specifically indemnify, hold harmless, and
defend Kent, its Police Department, and each and every officer and employee thereof to the full
extent permitted by law.
C. Survival. The provisions of this Section V shall sulive the expiration or
termination of this Agreement and the obligations contained therein will continue to apply
beyond the provision of services called for in any Attachment.
VI. PARTIES ARE INDEPENDENT. The parties agree that neither shall be considered an
employee or agent of the other.
VII. TERMINATION, ALTERATION, OR RESCHEDULING, In the event Kent is unable to
obtain the services of a Kent Police Officer to perform the seryices called for in the Agreement,
Kent will contact Contractor, and advise Contractor that Kent is unable to perform the services
called for herein. Notice by way of telephone, email, writing, or in-person shall be adequate
notice of such cancellation of serVices, and Kent shall not be liable for the cost of Contractor
obtaining replacement services.
In the event Contractor must cancel, alter, or reschedule the services called for by this
Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice to
the Police Department by contacting its on-duty sergeant line at (253) 856-5840. A failure to
cancel, alter, or reschedule at least ten and one-half (10.5) hours before the services are called
for shall result in the Contractor paying the minimum four (4) hours of service provided for in
Section III.B. above, regardless of whether such services are provided at a later or rescheduled
date and time.
VIil. CONTRACTOR SFIALL ABIDE BY ¡.AWS AND SHALL NOT DISCRI}IINATE. At AII
times during Kent's pefformance of this Agreement, Contractor shall abide by all laws and
POLICE SERVICES AGREEMENT - 3 {Form vers¡on; tl2ot6)
regulations applicable to Contractor's business. Moreover, Contractor shall not, by reason of
rãËe, rel¡g¡on, äolor, sex, age, sexual orientation, national origin, or the presence of any sensory'
rnental, or pi"ryslcai ¿¡sáo¡l¡ty, discriminate against any person in violation of any laws of the
State of Washington or the United States.
[x. INSURANCE. Contractor shall at all times during Kent's performance of the services
called for in this Agreement procure and maintain insurance of the types and in the amounts
described in Exhibit A attached and incorporated by this reference.
X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. CONTTACTOT ShAII tAKC AII
necessary precautions and shall be responsible for the safety of its employees, agents, guests,
and all persons on Contracto¡'s property and invitees at all times when a police officer is
performing services pursuant to this Agreement.
XI. MISCELLANEOUS PROVISTONS.
A. Non-Waiver of Breach, The failure of Kent to insist upon strict peformance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
coÁferred by this Agreement ¡n one or more instances shall not be construed to be a waiver or
iãlinquisnmånt of those covenants, agreements, or options, and the same shall be and remain in
full force and effect.
B. Resolution of Disputes and Governing Law. This Agreement shall be governed
by and construed in accordancè with the laws of the State of Washington. If_ the parties are
unable to setge uny àitpute, difference, or claim arising from the parties' performance of this
Àgi""r"nt, the exclus¡vä means of resolving that dispute, difference, or claim, shall only be by
filîng suit exclusively under the venue, rules, and jurisdiction of the King County Superior Couft,
ring- County, Washiñgton, unless the parties agree in writing to an alternative dispute resolution
proãess. In any cla¡m or lawsuit for damagès arising from the ,parties' performance of this
Àgr""-"nt, each party shall pay all its legal iosts and attorney's fees incurred in defending or
biinging such clairi oi lawsu¡i, ihcluding all appeals, in addition to any other recovery or award
prouiOe? by law; provided, however, nãtning in t!is_ paragraph shall be construed to limit the
kent's righi to indemnification under Section V.B. of this Agreement.
C, 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
tontrary. Any written notice hereunder shall become effective three (3) business days.afterthe
daté or'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.' t
D. Assignment, Any assignment of this Agreement by either party without the
written consent oi tn" non-assiþn¡ng party shall be void. If the non-assigning party gives its
consent to any assitnment, thiterñd or trris Agreement shall continue in full force and effect
and no further assigñment shall be made without additional written consent.
E. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be blnding unless in writing and signed by a duly authorized representat¡ve of
Kent and Contractor.
F. Entire Agreement. The written provisions and terms of this Agreement, together
w¡th aÅy exn¡u¡ts or Attachments attached hereto or referenced herein, shall supersede all prior
POLICE SERVICES AGREEMENT - 4 (Form version: 1/2016)
verbal statements of any officer or other representative of Kent, 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,
sñould any language in any of the Exhibits or Attachments to this Agreement conflict with any
language êontained ìn this Agreement, the terms of this Agreement shall prevail. Further, the
repiesãntative signing this Agreement on behalf of Contractor swears and affirms that he or she
is authorized to entei into this Agreement on behalf of Contractor and that action is binding on
the Contractor.
G. Compliance with Laws. Contractor agrees to comply w¡th all federal, state, and
municipal laws, rúles, and regulations that are now effective or in the future become applicable
to Contractor's business, equ¡pment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations'
H. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall èonstitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the pafties betow execute this Agreement' which shall become
effective on the last date entered below.
CONTRACTOR:
By:
Print Name:Beckv
DATE:
KENT:
By
(signature)
Print Name: Rafael Padille -
Its Police i¡¡f
DATE:or -/cr-/a
NOTICES TO BE SENT TOI
CONTRACTOR:
Attn:Beckv Moqensen
20111 208th Ave SE
Renton, WA 98058
(206) 57e3675 . .. (telephone)
nla (facsimile)
NOTICES TO BE SENT TO;
CITY OF KENTr
sgt.SGT Sfansfield
City of Kent
22O Fourth Avenue South
Kent, WA 98032
)
(253) 856- 5809 (telePhone)
(253) s56-6802 (facsimile)
POLTCE SERVICES AGREEMENT - 5 (Form Versionr 7l20t6)
KENT SCOPE OF SERVICES ATTACHMENT
To Police Services AgreementW^aarxoror
This
by
I.
II.
N
chment shall be incorporated into the Police
herei nafter t'Contractor")
DESCRIPTIOÌ{ OF SERVICES, Contractor requests the services of a comm¡ssioned police
officer who will be dedicated to performing the following services (check box that applies):
Servi ce_q Agre_ement si g ned
'" ñw1n
n
u
FlaggingÆraffic Control
Security for Entertainment Venue or Event
Security for Retail Establishment
Guarding of Property, Buildings, Possessions, or Equipment
Other
Police officers shall only be permitted to provide police-related services during the
performance of the work called for herein, and Contractor shall not ask or solicit such police
officers to perform work that is not police-related.
HOURLY RATE & ttUtrlBER OF OFFICERS REQUIRED. The work called for herein shall be
paid by Contractor at the following hourly rates and the Contractor requests the following
number of ofñcers:
Extra-Duty Work: Officer
Up to $80 per hour.x
Number of Officers Required:
n Extra-Duty Work: Superuisor
Up to $100 per hour.*Number of Superuisors Required:-
Four Hour tullni¡r'Um. There shall be a four (4) hour minimum payment required for
each instance that a police officer performs services under the Agreement. Therefore,
Contractor shall be required to pay to Kent the greater sum of four (4) hours of work
or the actual number of hours worked during each instance that a police officer
performs services. For example, if Contractor needs two (2) officers to work on the
same day and at the same time for two (2) hours of work each, Contractor will be
required to pay Kent for four (4) hours for each police officer, for a total of eight (8)
hours. If Contractor needs two (2) officers for six (6) hours each, Contractor shall pay
for six (6) hours for each police officer for a total of twelve (12) hours.
* Note: Hourly rates are quoted "up to" a specified amount. Officers are paid different rates
based on factors such as time in serwice, assignment, education, etc. The rate quoted is the
maximum rate that will be billed subject to overtime holiday, rates specified below.
Contractor's rate may be lowgr.
A
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 1 of 2 (Form Version: L2/20L7
Oveftjmg Ra,te. Contractor shall be required to pay the rate of one and one half (1.5)
times the rate specified above for any time worked by a police offícer in excess of ten
(1O) hours in a shift. Therefore, if a police officer works ten (10) hours, he or she
shall be paid at the rate specified above. If the officer works twelve (12) hours, he or
she shall be paid at the rate specified above for the firs't ten (10) hours, and at a rate
of one and one half (1.5) t¡mes the rate specified above for the remaining two (2)
hours.
C. Holíday Rate. The following holidays are observed by Kent police officers: New Year's
Day, Martin Luther King Day, Presldent's Day, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas,
Except as otherwise provided in this section, all hours worked during an obseryed
holiday, or during 15:00 hours to 23:59 hours on Christmas Eve or New Year's Eve,
will be billed at one and a half (1.5) times the rate specified above. All hours worked
on Thanksgiving Day or Christmas Day will be billed at a rate of two (2.0) times the
rate specified above.
D Contra-c.torb TerminAtion, -Alteration, or .Rescheduling of SqryiÇes. Cancellation,
alteration, or rescheduling of police officer services by the Contractor for a specific
date must be made at least ten and a one-half (10.5) hours prior to the scheduled
staft time for that date. If Contractor fails to provide ten and one-half (10.5) hours
advance notice from the scheduled staft time, Contractor will be billed for a minimum
payment of four (4) hours per officer scheduled for that date in accordance with
Section II.A. above. Cancellation, alteration, or rescheduling notification can be made
by phone or email.
XII. LOCATION OF SERVICES. The services called for herein shall be performed at the following
location:
B
wfi¿(
A police officer will arrive at the above location on the date and time specified below
police offi
Dì^.
¡yr-ous 2d /søll
IV
By n hire
,h
officers'
u)q"to perform the
work described above, I agree to the terms of this Scope of Services Attachment and all of the terms
contained within the Police Servi ces Agreement referenced herein, and finally if I am signing this
of Seruices Attachment'on behalf of an organization, I swear and affirm that I am authorized
on behalf of the organization and that action is binding on the Contractor,
Date
cer orovide services
a,'zol3.
SCOPE OF SERVICES ATTACHMENTTO POLICE SERVICES AGREEMENT
Page 2 of 2
Approved by
Kent Department Date
Name fhill
^ffi+"tn Ðn q
(Form Version: l2l2ït7)
Client#: 141422 WESTCOASss
ACORD." CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY}
5/06/2019
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 ÏHE 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: lf the certificate holder is an ADDITIONAL INSURED, the pol¡cy(ies) must have ADDITIONAL INSURED provisions or be êndorsed.
lf SUBROGATION lS WAIVED, subject to the terms end condit¡ons of the policy, certa¡n policies may require an êndorsêment. A statement on
th¡s certif¡cate does not confer any rights to the cert¡ficate holder in lieu of such endorsement(s).
PRODUCER
Propel lnsurance
Tacoma Commercial lnsurance
1201Pacific Ave, Suite 1000
Tacoma; WA 98402
Debbie
ljlS*^F" r,,,, 8oo 499-0933 866 577-1326
debbie.wi nsurance.com
INSURER(S) AFFORDING COVERAGE NAIC #
tNsuRERA. Ohio Security lnsurance Company 24082
INSURED
West Coast Signal, lnc.
20111 208th Ave SE
Renton, WA 98058
lNsuRER B , The Ohio Casualty Insurance Gompany 24074
INSURER C :
INSURER D :
INSURER E I
INSURER F:
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPËRIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE ¡NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLIçY E¡¡
fMM/DDiYYYY}
POLICY EXP
IMMIDDTYYYYI LIMITS
A X COMMERCIAL GENERAL LIABILITY
cLAr\¡s-¡/ADE ffi o""r*
X PD Ded:3,000
GEN'L AGGREGATE tIM¡T APPLIES PER
,o,-,., filTF.oi fl ro.
OTHER:
x x 8KSs6975402 11t0712018 11t07t2019 EACH OCCURRENCE s 1.000.000
E 1.000.000
MED ÊXP {Anv one oerson)s 15.000
PERSONAL & ADV INJURY s 1.000.000
GÊNËRAL AGGREGATE s2,000,000
PRODUCTS. COMP/OP AGG E2.000,000
$
B AUTOMOBILE LIABILITY
ANY AUTO
O\A/NED
AUTOS ONLY
HIRED
AUIOS ONLY
SCHEDULED
x
AUTOS
NON-O\¡/t{ED
AUTOS ONLY
x X 84S55820397 t1t07t2018 11t07t2015 q1.000.000
BOOILY INJURY (Per person)$
BODILY INJURY (Per acc¡dent)$
$
$
B x UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS.MADE
X X us056975402 t1t07t2018 11t07t2011 EACH OCCURRENCE s4.000.000
AGGREGATE s4.000.000
DED X nrrerur¡oru sl 0000 $
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE r -.']
OFF¡CER/IUEIVIBER EXCLUDED? LI](Mandatory ¡n NH)
ll yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
8KS56975402
WA Stop Gap
t1t07t2018 't1t07t201s I PER
I qTÄTI ITF x OTH-Éo
E,L, EACH ACCIDENT s1-000.000
E,L, DISEASE - EA EMPLOYEE s'1.000.000
E.L. DISEASE - POL¡CY LIMIT s1.000.000
DESCR|pTtON OF OPERATTONS t LOCATTONS / VEHICLES (ACORD 101, Addit¡onal Remarks schedule, may be attached ¡f more space is required)
RE: Operations performed by the Named lnsured.
Additional lnsured Status applies per attached form(s).
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATON DATE THEREOF, NOTICE WLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
!ûu,.e¿U-tVt¿¿Å¡uts
AUTHORIZED REPRESENTATIVE
City of Kent
220 4th Ave S
Kent, WA 98032-0000
O 1988-2015 ACORD GORPORATION. All rights reserved
ACORD 25 (2016/03) 'l ol 1 The ACORD name and logo are reg¡stered marks of ACORD
#S3641808/M3430046 KTR00
This page has been left blank intentionally
COMMERCIAL GENERAL LIABILITY
cG 85 83 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Paragraph 2. under Section ll - Who ls An Insured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract or written
agreement. Such person or organization is an additional insured but only with respect to liability for
"bodily injury" or "property damage":
1. Caused by "your work" performed for that additional insured that is the subject of the written
contract or written agreement; and
2. lncluded in the "products-completed operations hazard".
However:
a) The insurance afforded to such additional insured only applies to the extent permitted by law;
and
b) lf coverage provided to the additional insured is required by a contract or agreement, the
insurance afforded to such additional insured will not be broader than that which you are
required by the contract or agreement to provide for such additional insured
The insurance provided by this endorsement applies only if the written contract or written agreement is
signed prior to the "bodily injury" or "property damage".
We have no duty to defend an additional insured under this endorsement until we receive written notice
of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of
Occurrence, Offense, Claim Or Suit under Section lV - Commercial General Liability Conditions.
B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section I - Goverage A - Bodily lnjury And Property Damage Liability:
This insurance does not apply to:
1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the
location where such "bodily injury" or "property damage" occurs.
2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any
professional architectural, engineering orsurveying services including:
a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawing and specifications; and
b. Supervisory, inspection, architectural orengineering activities.
o zot3Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permissioncG 85 83 04 13 Page I of 2
C. With respect to the insurance afforded by this endorsement, exclusion L Damage To Your Work of
Paragraph 2. Exclusions under Section I - Goverage A - Bodily lnjury And Property Damage Liability is
replaced by the following:
l. Damage To Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the "products-
completed operations hazard".
D. With respect to the insurance afforded to these additional insureds, the following is added to Section ll -
Limits of lnsurance:
lf coverage provided to the additional insured is required by a contract or agreement, the most we will
pay on behalf of the additional insured is the amount of insurance:
1. Required by contract or agreement; or
2. Available under the applicable Limits of lnsurance shown in the Declaration.
whichever is less.
This endorsement shall not increase the applicable Limits of lnsurance shown in the Declaratio ns.
E. With respect to the insurance afforded by this endorsement, Section lV - Commercial General Liability
Conditions is amended as follows:
1. The following is added to Paragraph 2. Duties ln The Event Of Occurrence, Offense, Claims Or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under
this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we
cover under this Coverage Part.
d. We have no duty to defend or indemniff an additional insured under this endorsement until we
receive written notice of a "suit" by the additional insured.
2. Paragraph 4. of Section lV - Gommercial General Liability Conditions is amended as follows:
a. The following is added to Paragraph a. Primary lnsurance:
lf an additional insured's policy has an Other lnsurance provision making its policy excess,
and you have agreed in a written contract or written agreement to provide the additional
insured coverage on a primary and noncontributory basis, this policy shall be primary and
we will not seek contribution from the additional insured's policy for damages we cover.
b. The following is added to Paragraph b. Excess lnsurance:
When a written contract or written agreement, other than a premises lease, facilities rental
contract or agreement, an equipment rental or lease contract or agreement, or permit
issued by a state or political subdivision between you and an additional insured does not
require this insurance to be primary or primary and non-contributory, this insurance is
excess over any other insurance for which the additional insured is designated as a Named
lnsured.
P
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Regardless of the written agreement between you and an additional insured,
ance is excess over any other insurance whether primary, excess, contingent
other basis for which the additional insured has been added as an additional
other policies.
o zolg Liberty Mutual lnsurance
lncludes copyrighted material of lnsuranceServices Office, lnc.,with its permission
this insur-
or on any
insured on
cG 85 83 04 13 Page 2 ol 2
COMMERCIAL GENERAL LIABILITY
cG 88 r0 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ¡T CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
SUBJECT
NON.OWNED AIRCRAFT
NON-OWNED WATERCRAFT
PROPERTY DAMAGE LIABILITY - ELEVATORS
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
MEDICAL PAYMENTS EXTENSION
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B
ADDIT¡ONAL INSUREDS. BY CONTRACT, AGREEMENT OR PERMIT
PRIMARY AND NON.CONTRIBUTORY - ADDITIONAL INSURED EXTENSION
ADDITIONAL INSUREDS. EXTENDED PROTECTION OF YOUR "LIM¡TS OF INSURANCE''
WHO IS AN INSURED - INC¡DENTAL MEDICAL ERRORS/MALPR,ACTICE AND WHO IS AN INSURED.
FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
LIBERALIZATION CLAUSE
BODILY INJURY REDEFINED
EXTENDED PROPERTY DAMAGE
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
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With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the
endorsement.
A. NON-OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury And Property Damage Liability,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. lt is not owned by any insured;
2. It is hired, chartered or loaned with a trained paid crew;
3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the
United States of America or Canada, designating her or him a commercial or airline pilot; and
4. lt is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured other valid and
collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this
policy), contingent or on any other basis, that would also apply to the loss covered under this provision.
B. NON.OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury And Property Damage Liability,
Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not aPPly to:
(21 A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY - ELEVATORS
1. Under Parag raph 2. Exclusions of Section I - Coverage A - Bodily lnjury And Property Damage
Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such
"property damage" results from the use of elevators. For the purpose of this provision, elevators do not
include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2. The following is added to Section lV - Commercial General Liability Conditions, Condition 4. Other
lnsurance, Paragraph b. Excess lnsurance:
The insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary, excess, contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Proper$ Damage)
lf Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:
1. Under Parag raph 2. Exclusions of Section I - Coverage A - Bodily lnjury and Property Damage
Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the
following:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than
damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system)
to:
(¡) Premises rented to you for a period of 7 or fewer consecutive days, or
(¡i) Contents that you rent or lease as part of a premises rental or lease agreement for a
period of more than 7 days.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of
premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Section lll - Limits of
lnsurance.
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E
b. The last paragraph of subsection 2. Exclusions is replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage
from automatic fire protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of insurance applies to Damage To Premises
Rented To You as described in Section lll- Limits Of lnsurance.
2. Paragraph 6. under Section lll - Limits Of lnsurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of "property damage" to:
a. Any one premise:
(f ) While rented to you; or
(21 While rented to you or temporarily occupied by you with permission of the owner
for damage by fire, lightning, explosion, smoke or leakage from automatic
protection systems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO
YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced wÍth the following:
9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or
leakage from automatic fire protection systems to premises while rented to you or temporarily
occupied by you with the permission of the owner, or for damage to contents of such premises
that are included in your premises rental or lease agreement, is not an "insured contract".
MEDICAL PAYMENTS EXTENSION
lf Coverage C Medical Payments is not othenruise excluded, the Medical Payments provided by this policy are
amended as follows:
Under Paragraph 1. lnsuring Agreement of Section I - Goverage C - Medical Payments,
Subparagraph (b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident; and
EXTENSION OF SUPPLEMENTARY PAYMENÏS - COVERAGES A AND B
1. Under Supplementary Payments - Goverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily lnjury Liability Coverage applies. We do not have
to furnish these bonds
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time
off from work.
ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under Section ll - Who ls An lnsured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreement or permit. Such person or organization is an additional insured but only with respect to liability
for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the
performance of your on going operations for the additional insured that are the subject of the
written contract or written agreement provided that the "bodily injury" or "property damage" occurs,
or the "personal and advertising injury" is committed, subsequent to the signing of such written
contract or written agreement; or
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Premises or facilities rented by you or used by you; or
The maintenance, operation or use by you of equipment rented or leased to you by such person
or organization; or
Operations performed by you or on your behalf for which the state or political subdivision has
issued a permit subject to the following additional provisions:
(1) This insurance does not apply to "bodily injury", "property damage", or "personal and
advertising injury" arising out of the operations performed for the state or political
subdivision;
This insurance does not apply to "bodily injury" or "property damage" included within the
"completed operations hazard".
lnsurance applies to premises you own, rent, or control but only with respect to the
following hazards:
The existence, maintenance, repair, construction, erection, or removalof
advertising signs, awnings, canopies, cellar entrances, coal holes, driveways,
manholes, marquees, hoist away openings, sidewalk vaults, street banners, or
decorations and similar exposures; or
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this insurance
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
lf coverage provided to the additional insured is required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.
With respect to Paragraph l.a. above, a person's or organization's status as an additional insured under this
endorsement ends when:
(f ) Allwork, including materials, parts or equipment furnished in connection with such work,
on the project (other than service, maintenance or repairs) to be performed by or on
behalf of the additional insured(s) at the location of the covered operations has been
completed; or
(21 That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
With respectto Paragraph 1.b. above, a person's ororganization's status as an additionalinsured underthis
endorsement ends when their written contract or written agreement with you for such premises or facilities ends
With respects to Paragraph '1.c. above, this insurance does not apply to any "occurrence" which takes place after
the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.
The insurance provided by this endorsement applies only if the written contract or written agreement is signed
prior to the "bodily injury'' or "property damage".
We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit"
by the additional insured as required in Paragraph b. of Condition 2. Duties ln the Event Of Occurrence,
Offense, Claim Or Suit under Section lV - Commercial General Liability Conditions.
@ 2013 Liberty Mutual lnsurance
lncludes copyr¡ghted material of lnsurance Services Office, lnc., with its permission.
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2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section I - Coverage A - Bodily lnjury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured.
b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the
location where such "bodily injury" or "property damage" occurs.
c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering
of, or the failure to render, any professional architectural, engineering or surveying services,
including:
(f ) The preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and specifications; or
(21 Supervisory, inspection, architecturalorengineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of, or the failure to render, any professional architectural, engineering or
surveying services.
d. "Bodily injury" or "property damage" occurring after:
(f ) Allwork, including materials, parts orequipment furnished in connection with such work,
on the project (other than service, maintenance or repairs) to be performed by or on
behalf of the additional insured(s) at the location of the covered operations has been
completed; or
(21 That portion of "yolrr work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
e. Any person or organization specifically designated as an additional insured for ongoing operations
by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
endorsement issued by us and made a part of this policy.
3. With respect to the insurance afforded to these additional insureds, the following is added to Section lll -
Limits Of lnsurance:
lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay
on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of lnsurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations.
PR¡MARY AND NON.CONTRIBUTORY ADDITIONAL INSURED EXTENSION
This provision applies to any person or organization who qualifies as an additional insured under any form or
endorsement under this policy.
Condition 4. Other lnsurance of SECTION lV - COMMERCIAL GENERAL LIABILITY CONDITIONS is
amended as follows:
a. The following is added to Paragraph a. Primary lnsurancel
lf an additional insured's policy has an Other lnsurance provision making its policy excess, and
you have agreed in a written contract or written agreement to provide the additional insured
coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek
contribution from the additional insured's policy for damages we cover.
@ 2013 Liberty Mutual lnsurance
lncludes copyr¡ghted material of lnsurance Services Office, lnc., with its permission.cG 88 10 04 l3 Page 5 of I
b. The following is added to Paragraph b. Excess lnsurance:
When a written contract or written agreement, other than a premises lease, facilities rental
contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a
state or political subdivision between you and an additional insured does not require this insurance
to be primary or primary and non-contributory, this insurance is excess over any other insurance
for which the additional insured is designated as a Named lnsured.
Regardless of the written agreement between you and an additional insured, this insurance is
excess over any other insurance whether primary, excess, contingent or on any other basis for
which the additional insured has been added as an additional insured on other policies.
ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE''
This provision applies to any person or organization who qualifies as an additional insured under any form or
endorsement under this policy.
1. The following is added to Condition 2. Duties ln The Event Of Occurrence, Offense, Claim or Suit:
An additional insured under this endorsement will as soon as practicable:
Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this
insurance to us,
Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance
available to the additional insured; and
Agree to make available any other insurance which the additional insured has for a loss we cover
under this Coverage Part.
We have no duty to defend or indemnify an additional insured under this endorsement until we
receive written notice of a "suit" by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a written contract or
written agreement or the limits of insurance as stated in the Declarations of this policy and defined in
Section lll - Limits of lnsurance of this policy, whichever are less. These limits are inclusive of and not
in addition to the limits of insurance available under this policy.
WHO IS AN INSURED.INCIDENTAL MEDICAL ERRORS / MALPR,ACTICE
WHO IS AN INSURED, FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES
Paragraph 2.a.(11of Section ll - Who ls An lnsured is replaced with the following:
(1) "Bodily injury" or "personaland advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members
(if you are a limited liability company), to a colemployee" while in the course of his or her
employment or performing duties related to the conduct of your business, or to your other
"volunteer workers" while performing duties related to the conduct of your business;
(b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worke/' as a
consequence of Paragraph (f) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in Paragraphs (1) (a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services. However,
if you are not in the business of providing professional health care services or providing
professional health care personnel to others, or if coverage for providing professional health care
services is not otheruvise excluded by separate endorsement, this provision (Paragraph (d)) does
not apply.
@ 2013 Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Offìce, lnc., with its permission.
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K.
Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an
"employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the
"employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours.
However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out
of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and
advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances.
The coverage provided by provision J. is excess over any other valid and collectable insurance available to your
"employee".
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section ll - Who ls An lnsured is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority interest,
will qualify as a Named lnsured if there is no other similar insurance available to that organization.
However:
Coverage under this provision is afforded only until the expiration of the policy period in which the
entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
d. Records and descriptions of operations must be maintained by the first Named lnsured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture
or limited liability company that is not shown as a Named lnsured in the Declarations or qualifies as an insured
under this provision.
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section lV - Commercial General Liability Conditions, the following is added to Condition 6.
Representations:
Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy
shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or
prior "occurrences" is not intentional.
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section lV - Commercial General Liability Conditíons, the following is added to Condition 2. Duties ln
The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured
shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of
Section ll - Who ls An lnsured or a person who has been designated by them to receive reports of
"occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or
"employee".
LIBERALIZATION CLAUSE
lf we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional
premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your
state.
BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:
3. "Bodily lnjury" means physical injury, sickness or disease sustained by a person. This includes mental
anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease.
@ 2013 Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., w¡th its perm¡ssion
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P. EXTENDED PROPERTY DAMAGE
Exclusion a. of GOVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the
following:
a. Expected Or lntended lnjury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Under Section lV - Commercial General Liability Conditions, the following is added to Condition 8. Transfer
Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we make for
injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or
organization and included in the "products-completed operations hazard" provided:
1. You and that person or organization have agreed in writing in a contract or agreement that you waive such
rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agreement.
a.
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A
COMMERCIAL GENERAL L¡ABILITY
cG 88 70 12 08
THIS ENDORSEMENT CHANGES THE POL¡CY. PLEASE READ IT CAREFULLY.
GoNSTRUCTTON PROJECT(S) - GENERAL AGGREGATE LrMrr
(PER PROJECT)
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"
under Section | - Coverage A - Bodily lnjury And Property Damage Liability, and for all medical
expenses caused by accidents under Section I - Coverage C Medical Payments, which can be
attributed only to ongoing operations at a single construction project away from premises owned by or
rented to you:
1. A separate Construction Project General Aggregate Limit applies to each construction project,
and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.
2.The Construction Project General Aggregate Limit is the most we will pay for the sum of all
damages under Coverage A, except damages because of "bodily injury" or "property damage"
included in the "products-completed operations hazard" , and for medical expenses under
Coverage G regardless of the number of:
lnsureds;
Claims made or "suits" brought; or
Persons or organizations making claims or bringing "suits"
Any payments made under Coverage A for damages or under Coverage C for medical expenses shall
reduce the Construction Project GeneralAggregate Limit for that construction project. Such payments
shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other
Construction Project General Aggregate Limit for any other construction project.
The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue
to apply. However, instead of being subject to the GeneralAggregate Limit shown in the Declarations,
such limits will be subject to the applicable Construction Project General Aggregate Limit.
For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"
under Section l- Coverage A - Bodily lnjury And Propefi Damage Liability, and for all medical
expenses caused by accidents under Section I - Coverage C Medical Payments, which cannot be
attributed only to ongoing operations at a single construction project away from premises owned by or
rented to you:
1. Any payments made under Coverage A for damages or under Coverage C for medical expenses
shall reduce the amount available under the GeneralAggregate Limit or the Products-Completed
Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Construction Project GeneralAggregate Limit.
When coverage for liability arising out of the "products-completed operations hazard" is provided, any
payments for damages because of "bodily injury" or "property damage" included in the "products-
completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not
reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit.
lf the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or
if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,
the project will still be deemed to be the same construction project.
The provisions of Section lll - Limits Of lnsurance not otherwise modified by this endorsement shall
continue to apply.
a.
b.
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COMMERCIAL AUTO
AC 85 0l 06 18
THIS ENDORSEMENT CHANGES THE POL¡CY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
lf the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement
Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in
that specifìed state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
AMENDED FELLOW EMPLOYEE EXCLUSION
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
BODILY INJURY REDEFINED
EMPLOYEES AS INSUREDS (lncluding Employee Hired Auto)
EXTRA EXPENSE - BROADENED COVERAGE
GLASS REPAIR - WAIVER OF DEDUCTIBLE
HIRED AUTO COVERAGE TERRITORY
HIRED AUTO PHYSICAL DAMAGE (lncluding Employee Hired Auto)
LOAN / LEASE GAP (Coverage Not Available ln New York)
NEWLY FORMED OR ACQUIRED SUBSIDIARIES
PARKED AUTO COLLTSTON COVERAGE (WATVER OF DEDUCTTBLE)
PERSONAL EFFECTS COVERAGE
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
PHYSICAL DAMAGE DEDUCTIBLE . VEHICLE TRACKING SYSTEM
PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT
RENTAL REIMBURSEMENT
SUPPLEMENTARY PAYMENTS
TOWING AND LABOR
TRAILERS - INCREASED LOAD CAPACITY
TWO OR MORE DEDUCTIBLES
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US
SECTION I - COVERED AUTOS is amended as follows:
1. TRAILERS - INCREASED LOAD CAPACITY
The following replaces Paragraph C.l. Gertain Trailers, Mobile Eguipment And Temporary Substitute
Autos of SECTION I - COVERED AUTOS:
"Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads.
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@ 20lzLiberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office lnc.,with its Permission.AC 85 0l 06 t8 Page I of 7
SECTION ll - LlABlLlry COVERAGE is amended as follows:
2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION ll - LIABILITY COVERAGE, Paragraph 4.1. - Who ls An lnsured is amended to include the
following as an "¡nsured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the
policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, "insured" does not include any organization that:
(1) ls a partnership or joint venture; or
(21 ls an "insured" under any other automobile policy except a policy written specificall y to apply
in excess of this policy; or
(3) Has exhausted its Limit of lnsurance or had its policy terminated under any other automobile
poticy.
Coverage under this provision d. does not apply to "bodily injury" or "property damage" that
occurred before you acquired or formed the organization.
3. EMPLOYEES AS INSUREDS
SECTION ll - LIABILITY COVERAGE, Paragraph A.l, Who ls An lnsured is amended to include the
following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for
acts within the scope of their employment by you. lnsurance provided by this endorsement is
excess over any other insurance available to any "employee".
f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or
agreement in that "employee's" name, with your permission, while performing duties related to
the conduct of your business and within the scope of their employment. lnsurance provided by this
endorsement is excess over any other insurance available to the "employee".
4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION ll - LIABILITY COVERAGE, Paragraph 4.1. Who ls An lnsured is amended to include the
following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "aLrto",
provided that you and such person or organization have agreed in a written contract, written
agreement, or permit issued to you by governmental or public authority, to add such person, or
organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(f ) Only with respect to the operation, maintenance or use of a covered "auto";
l2l Only for "bodily injury" or "property damage" caused by an "accident" which takes place after
you executed the written contract or written agreement, or the permit has been issued to you;
and
(3) Only for the duration of that contract, agreement or permit.
The "insured" is required to submit a claim to any other insurer to which coverage could apply for
defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory
wording per enhancement number 24, this policy is excess over any other collectible insurance.
5. SUPPLEMENTARY PAYMENTS
SECTION ll - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs
(2) and (4) are replaced by the following:
(21 Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because
of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings
up to $500 a day because of time off from work.
@ 2OlTLiberty Mutual lnsurance
lncludes copyrighied material of lnsurance Services Office lnc., with its PermissionAC 85 01 06 l8 Page 2 of 7
6. AMENDED FELLOW EMPLOYEE EXCLUSION
ln those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to
the employer by the workers compensation exclusivity rule, or similar protection, the following provi-
sion is added:
SECTION ll - LIABILITY, Exclusion 8.5. Fellow Employee does not apply if the "bodily injury" results
from the use of a covered "auto" you own or hire if you have workers compensation insurance in force
for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION lll - PHYSICAL DAMAGE COVERAGE is amended as follows:
7, HIRED AUTO PHYSICAL DAMAGE
Paragraph 4.4. Goverage Extensions of SEGTION lll - PHVSICAL DAMAGE GOVERAGE, is amended by
adding the following:
lf hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of
Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you
own, then the Physical Damage coverages provided are extended to "autos":
a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name,
but only if the damage occurs while the vehicle is being used in the conduct of your business,
subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(r) $50,000; or
l2l The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that
coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide
coverage equal to the broadest coverage applicable to any covered "auto" you own.
d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the
hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual
financial loss.
e. This coverage extension does not apply to:
(f ) Any "auto" that is hired, rented or borrowed with a driver; or
l2l Any "auto" that is hired, rented or borrowed from your "employee" or any member of your
"employee's" household.
Coverage provided under this extension is excess over any other collectible insurance available at the
time of "loss".
8. TOWING AND LABOR
SECTION lll - PHYSIGAL DAMAGE COVERAGE, Paragraph 4.2. Towing, is amended by the addition of
the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto"
classifìed and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement.
b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross
vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that
have agross vehicle weight (GWV) of 10,001 -20,000 pounds.
However, the labor must be performed at the place of disablement.
@ z01zL¡berty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office lnc., with its PermissionAC 85 01 06 l8 Page 3 of 7
9. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
Paragraph 4.4.a. Coverage Extensions, Transportation Expenses of SECTION lll - PHYSICAL DAMAGE
COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.
IO. RENTAL REIMBURSEMENT
SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of
an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under
Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex-
penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto."
b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases
may be substantially less than $75 per day, and will only be allowed for the period of time it should
take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of
30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and
replace your tools and equipment from the covered "auto". This limit is excess over any other
collectible insurance.
d. This coverage does not apply unless you have a business necessity that other "autos" available for
your use and operation cannot fill.
e. lf "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not already
provided under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
S. The insurance provided under this extension is excess over any other collectible insurance.
lf this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by
this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal
effects" as defined in provision 12.8.
II. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION l¡l - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of
returning astolen covered "auto" to you. The maximum amount we will pay is $1,000.
I2. PERSONAL EFFECTSCOVERAGE
A. SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
lf you have purchased Comprehensive Coverage on this policy for an "auto" you own and that
"auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects"
stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance,
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried
by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi-
ties.
13. ACG¡DENTAL AIRBAG DEPLOYMENT
SECTION lll - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:
lf you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss"
relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or
warranty.
@ 2o1zLiberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office lnc., with its Permission.AC 85 0l 06 18 Page 4 of 7
14. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM
SECTION lll - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss"
caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device
or a global position device and that device was the method of recovery of the vehicle.
15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION lll - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu-
sions 4.c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de-
signed solely for the reproduction of sound, if the equipment is:
(f ) Permanently installed in the covered "auto" at the time of the "loss" or removable from a
housing unit that is permanently installed in the covered "auto"; and
(21 Designed to be solely operated by use from the power from the "auto's" electrical system; and
(3) Physical damage coverages are provided for the covered "auto".
lf the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with
this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by a $100 deductible.
16. LOAN / LEASE GAP COVERAGE (Not Applicable ln New York)
A. Paragraph C. Limit Of lnsurance of SEGTION lll - PHYSICAL DAMAGE COVERAGE is amended by
adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one
"accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is
subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date
of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal
wear and tear;
c. Costs for extended warranties, Credit Life lnsurance, Health, Accident or Disability lnsur-
ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases;
e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a
covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement
or as a result of the early termination of any warranty or extended service agreement on a
covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual
cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the
"loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".
@ 2017Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office lnc., with its PermissionAC 85 01 06 18 Page 5 of 7
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual
cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the
term of the loan, thereby requiring a large final payment.
I7. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SEGTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition
of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
18. PARKEDAUTO COLL|S|ON COVERAGE (WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible of SECTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition
of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private
passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the
manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. ln the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the
Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or
organization engaged in the automobile business.
19. TWO OR MORE DEDUCTIBLES
Under SECTION lll - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage
forms apply to the same "accident", the following applies to Paragraph D. Deductible:
a. lf the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived;
or
b. lf the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be
reduced by the amount of the smaller (or smallest) deductible; or
c. lf the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or
smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual
Group.
SECTION lV - BUSINESS AUTO CONDITIONS is amended as follows:
20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION lV- BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following:
lf you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep-
tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will
not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery,
and we have the right to collect additional premium for any such hazard or exposure.
@ 2olTLiberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office lnc., w¡th its Permission.AC 85 01 06 l8 Page 6 of 7
21. AMENDED DUTIES IN THE EVENT OFACCIDENT, CLAIM, SUIT, OR LOSS
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow-
ing:
a. ln the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(f ) You, if you are an individual;
(21 A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named lnsured to give such notice, if
you are a corPoration.
To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place;
(b) The "insureds" name and address; and
(c) The names and addresses of any injured persons and witnesses.
22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph 4.5. Transfer Of Rights Of Recovery Against
Others To Us, is amended by the addition of the following:
lf the person or organization has in a written agreement waived those rights before an "accident" or
"loss", our rights are waived also.
23. HIRED AUTO COVERAGE TERRITORY
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph 8.7. Policy Period, Goverage Territory, is
amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the
"insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United
States, the territories and possessions of the United States of America, Puerto Rico or Canada or in
a settlement we agree to.
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a
driver.
24. PRIMARY AND NON.CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE-
MENT
The following is added to SECTION lV - BUSINESS AUTO CONDITIONS, General Gonditions, 8.5. Other
lnsurance and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution
from any other insurance available to an "insured" under your policy provided that:
1. Such "insured" is a Named lnsured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary
and would not seek contribution from any other insurance available to such "insured".
SECTION V - DEFINITIONS is amended as follows:
25. BODILY INJURY REDEFINED
Under SEGTION V - DEFINITIONS, Definition C. is replaced by the followlng:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental
anguish, mental injury, shock, fright or death resulting from any of these at any time.
o 2ol7L¡berty Mutual lnsurance
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