HomeMy WebLinkAboutCAG2020-257 - Original - A & M Consulting - GRNR Area South Pump Station - 08/06/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
CONSULTANT SERVICES AGREEMENT - 1
($20,000 or Less)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
A & M Consulting
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and A & M Consulting organized under the laws of the State of Washington, located and doing
business at 18119 NE 30th Street, Redmond, WA 98052, Phone: (206) 276-3635, Contact: Arnie Tomac
(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Provide private and public utility consultation and coordination services for the Green River
Natural Resources Area South Pump Station Project. For a description, see the Consultant's
Scope of Work which is attached as Exhibit A and incorporated by this reference.
The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section I by December 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Thousand, Nine Hundred Eighty Dollars ($1,980), for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement. The
Consultant agrees that the hourly or flat rate charged by it for its services contracted for
herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's bill ing rates shall be as delineated in
Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant 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.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
CONSULTANT SERVICES AGREEMENT - 2
($20,000 or Less)
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
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 Consultant 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 Consultant maintains and pays for its own place of business from which the
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant 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 Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Consultant’s business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
F. The Consultant 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. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the
City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement , they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
CONSULTANT SERVICES AGREEMENT - 3
($20,000 or Less)
costs, losses, expenses, damages, or delay costs incurred by t he Consultant due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the Ci ty under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by thi s section, all other costs will be
borne by the Consultant.
VII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor 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. The Consultant 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 Com pliance Statement.
VIII. INDEMNIFICATION. The Consultant 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 Consultant'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 the Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodi ly injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harml ess,
and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 the Consultant 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 Consultant’s part, then
the Consultant 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 refus al
on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Consultant 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.
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement.
CONSULTANT SERVICES AGREEMENT - 4
($20,000 or Less)
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant 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. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act . The
City’s use or reuse of any of the documents, data , and files created by the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance a nd details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant 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 the Consultant's own risk, and the Consultant 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 Washingt on. 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 VIII 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 i n 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 the
Consultant.
CONSULTANT SERVICES AGREEMENT - 5
($20,000 or Less)
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 Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant 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 th ose records are not produced to or possessed by the
City of Kent. As such, the Consultant 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.
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08/06/20
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.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ��A
For: 4"l & v I t 4 9e
Title: 4��4er
Date: - Z 2- 124--)
EEO COMPLIANCE DOCUMENTS - 1
EEO COMPLIANCE DOCUMENTS - 2
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 - 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: _________________________________________
A&M Consulting
GRNRA South Pump Station Project
Scope of Work
The Consultant shall provide consultation services to the City coordination for the GRNRA
South Pump Station Project. These services shall include the following:
Coordinate with Puget Sound Energy on the modification to the existing service,
Coordinate with Puget Sound Energy during construction and follow-up if required
Contract Amount
30hours $1980
Exhibit A
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant 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 Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1.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.
2.Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant’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.
3.Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1.Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2.Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
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 Consultant’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 Consultant’s
insurance and shall not contribute with it.
2.The Consultant’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 Consultant 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 Consultant’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 A:VII.
E. Verification of Coverage
Consultant 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 Consultant before commencement of the work.
F. Subcontractors
Consultant 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 Consultant.
�"�=� �` CERTIFICATE QF LIABILITY INSURANCE DATE�MaMVDDrrvvY,
THIS CERTIFICRTE iS 133UEO AS A 1NATTER OF INFQRMATION DNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HgLpER.
THIS CERTIFICATE DOES NOT AFFIRMATIVELY pR NEGATIVELY AMEND, E?fTENp DR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES HOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IHSURER(S],
AUTHdR12E0 REPRESENTAT}VE OR PRppUCER, AkD THE CERTIFICATE HOLDER.
IMPORTANT: tf the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED,
subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certlflcato does not
confer rights to the certificate holder in lieu of such andorsement(s).
PRODUCER
CONTACT -
AJ GALLAGHER & CO INS BRKRS CA)PH5
72255202
PHONE (888) 920.6259
FAX (888) 443-6112
The Hartford Business Service Center
[AIC, No, Extj:
(Arc, Nq):
3600 Wiseman Blvd
E-M.AtL
San Antonio, TX 78265
ADDRESS.
INS URER(SI AFF OROING COVERAGE NAICX
INSURED
INSURER A: Hartford Casvalty Insurance Company 29424
ARNOLD TOMAC DBA A & M CONSULTING
INSURER a
18119 NE 30TH ST
INSURER C :
REDMOND WA 98052-5902
INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE
LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NO -WITHSTANDING 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 CLA'MS-
-iis—p TYPE OF INSURANCE ADDL SUER
POLICY EFF POLICY E%P
POLICY NUMBER LIMITS
COMMERCIAL GENERAL LfAOkITY
EACH OCCURRENCE $2.000.000
CLAIMS -MADE EOCCUR
DAMAGE TO RENTED
$300,000
X Genera) Liability
MED EX (Arty are persona $10,000
A x
72 SBM UK5025 t 1/01)2019 11/01, 2020 PERSONAL a AM INJURY a2.000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
' POLICY PRO-
GENERAL AGGREGATE $4,000.000
JECT � LOC
PRODUCTS • COUPIOP AGG $4,000,000
OTHER
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $2 (100 DDD
(Ea AQ2ml
ANY AUTO
BODILY INJURY (Per person)
A ALL OWNED SCHEDULED
AilT05 AUTOS
72 SBM UK5025 11/01/2019 11/01/2020 BODILY INJ URV Per aceldent)
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x HIRED x NON-CVMLO
PROPE Y DAMAGE
AUTOS AUTOS
(PB awdert)
UNeRELLALIA9 UR
EACH OCCURRENCE
EXCESS LIAR CLAIMS -
MADE
AGGREGATE
DE D REIEN11p . $
RRERS PENSATION
PER OTH-
AND EMPLOYERS' LIAatLITY
ANY yryy
A PROPRIErOR1PARTNERlEXECUTIVE
E L EACHACCIOENT $1,000,D00
NIA
OFFICERIMEMRER EXCLUDEO�
72 SBM UK5D25 � 110112D19 11I0112020
E L DISEASE •EA EMPLOYEE $14000.000
Imandatory In NHi
IT yes, deacr-be under
E L DISEASE • POLICY LIM,1 $1,000,000
IPTI F ATI
EMPLOYMENT PRACTICES
AILIABILITY
72 5BM UK5025 1 rD112C19 11/01/2020 Each Claim Limit $5.000
Aggregate Limit $5,00D
DESCRIPTION OF OPERATIONS rLOCATIONS1 VEMCLES (ACORD 101, Additional Remarks Schedule, may he attached If more space le requlrad)
Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0006 attached to Ihls
policy.
CERTIFICATE HOLDER
CANCELLATION
The City of Kent
_
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Public Works Engineering
BEFORE 7 H E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
222 4TH AVE S
IN ACCORDANCE WITH THE POLICY PROVISIONS.
KENT WA 98D32
AUTHORIZED REPRESENTATIVE
t 1980-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
THE HARTFORD
BUSINESS SERVICE CENTER
THE 3600 WISEMAN BLV❑
HARTFORD SAN ANTONIO TX 78251
The City of Kent
Public Works Engineering
222 4TH AVE S
KENT WA 98032
Account Information:
Policy Holder Details : ARNOLD TOMAC DBA A & M
CONSULTING
October 3. 2019
%Q Contact Us
Business Service Center
Business Hours: Monday - Friday
(7AM - 7PM Central Standard Time)
Phone: (888) 920-6259
Fax: (888) 443-6112
Email: agency.services@thehartford.com
Website: httpsi//business.thehartford.com
Enclosed please find a for the above referenced Policyholder. Please contact us if you have any questions or concerns.
Sincerely,
Your Hartford Service Team
WLTRO06
SPECTRUM POLICY DECLARATIONS (Continued)
POUCYNUMBER: 72 SHM UX5025
Form Numbers of Farms and Endorsements that apply:
SS
SS
00
00
01
64
03
09
14
16
SS
SS
00
01
05
28
12
05
06
17
SS
000
0
08
4
04
05
SS
SS
00
QS
60
47
09
Q63
15
15
SS
41
02
04
05
SS
SS
01
70
70
63
0
08
09
11
SS
09
25
12
14
5S
SS
5D
09
1�
57
V1
09
15
14
SS
S1
1
03
17
SS
SS
10
83
04
76
09
01
98
15
SS
12
15
03
00
SS
IH
09
99
0
40
12
02
10
09
1H
12
00
11
85 ADDITIONAL
IUSURED
- MANAGER/LESSOR
Farm SS 00 02 12 06
Process Date: 09I16 / i 9
Page 006
SS 00 45 12 06
SS 89 93 07 16
SS 4 S 43 q3 4C4
SS 09 01 12 14
SS 09 71 12 14
IH 99 41 04 09
Policy Expiration Date: II/011120
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COMMON POLICY CONDITIONS
Form SS 00 05 12 06
* 2006, The Hartford
QUICK REFERENCE - SPECTRUM POLICY
DECLARATIONS
and
COMMON POLICY CONDITIONS
I. DECLARATIONS
Named Insured and Mailing Address
Policy Period
Description and Business Location
Coverages and Limits of Insurance
II. COMMON POLICY CONDITIONS Beginning on Page
A.
Cancellation 1
B.
Changes 1
C-
Concealment, Misrepresentation Or Fraud 2
D.
Examination Of Your Books And Records 2
E.
Inspections And Surveys 2
F.
Insurance Under Two Or More Coverages 2
G.
Liberalization 2
H.
Other Insurance - Property Coverage 2
I.
Premiums 2
J.
Transfer Of Rights Of Recovery Against Others To Us 2
K.
Transfer Of Your Rights And Duties Linder This Policy 3
L.
Premium Audit 3
Form SS 00 06 12 06
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COMMON POLICY CONDITIONS
All coverages of this policy are subject to the following conditions
A. Cancellation
1. The first Named Insured shown in the
Declarations may cancel this policy by mailing
or delivering to us advance written notice of
cancellation,
2. We may cancer this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
a. 5 days before the effective date of
cancellation if any one of the following
conditions exists at any building that is
Covered Property in this policy:
(1) The building has been vacant or
unoccupied 60 or more consecutive
days. This does not apply to
(a) Seasonal unoccupancy; or
(b) Buildings in the course of
construction, renovation or
addition.
Buildings with 65% or more of the rental
units or floor area vacant or unoccupied
are considered unoccupied under this
provision,
(2) After damage by a Covered Cause of
Loss, permanent repairs to the
building:
(a) Have not started; and
(b) Have not been contracted for,
within 30 days of initial payment of
loss.
(3) The building has:
(a) An outstanding order to vacate:
(b) An outstanding demolition order;
or
(c) Been declared unsafe by
governmental authority.
(4) Fixed and salvageable hems have
been or are being removed from the
building and are not being replaced.
This does not apply to such removal
that is necessary or incidental to any
renovation or remodeling.
(5) Failure to.
(a) Fumish necessary heat, water,
sewer service or electricity For 30
consecutive days or more, except
during a period of seasonal
unoccupancy; or
(b) Pay properly taxes that are owing
and have been outstanding for
more than one year following the
date due, except that this
provision will not apply where you
are in a bona fide dispute with the
taxing authority regarding payment
of such taxes.
b. 10 days before the effective date of
cancellation if we cancel for nonpayment
of premium.
c. 30 days before the effective date of
cancellation it we cancel for any other
reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known
to us.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5. If this policy is canceled, we will send the first
Named Insured any premium refund due.
Such refund will be pro rata. The cancellation
will be effective even if we have not made or
offered a refund.
6. It notice is mailed, proof of mailing will be
sufficient proof of notice.
T. If the first Named Insured cancels this policy,
we will retain no less than $100 of the
premium.
B. Changes
This policy contains all the agreements between you
and us concerning the insurance afforded. The first
Named Insured shown in the Declarations is
authorized to make changes in the temms of this policy
with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.
Form SS 00 05 12 06
Q 2006, The Hartford
Page 1 of 3
COMMON POLICY CONDITIONS
C. Concealment, Misrepresentation Or Fraud
This policy is void in any case of fraud by you as it
relates to this policy at any time. It is also void if you
or any other insured, at any time, intentionally conceal
or misrepresent a material fad conceming:
1. This policy;
2. The Covered Property;
3. Your interest in the Covered Property; or
4. A claim under this policy.
D. Examination Of Your Books And Records
We may examine and audit your books and
records as they relate to the policy at any time
during the policy period and up to three years
afterward.
E. Inspections And Surveys
We have the right but are not obligated to
1. Make inspections and surveys at any time;
2, Give you reports on the conditions we find; and
3. Recommend changes.
Any inspections, surveys, reports or
recommendations relate only to insurability and the
premiums to be charged. We do not make safety
inspections. We do not undertake to perform the duty
of any person or organization to provide for the health
or safety of any person_ And we do not represent or
warrant that conditions:
1. Are safe or healthful; or
2. Comply with laws, regulations, codes or
standards.
This condition applies not only to us, but also to
any rating, advisory, rate service or similar
organization which makes insurance inspections,
surveys, reports or recommendations.
F. Insurance Under Two Or More Coverages
If two or more of this policy's coverages apply to
the same loss or damage, we will not pay more
than the actual amount of the loss or damage.
G. Liberalization
If we adopt any revision that would broaden the
coverage under this policy without additional
premium within 45 days prior to or during the policy
period, the broadened coverage will immediately
apply to this policy.
H. Other Insurance - Property Coverage
If there is other insurance covering the same loss
or damage, we will pay only for the amount of
covered loss or damage in excess of the amount
due from that other insurance, whether you can
collect on it or not. But we will not pay more than
the applicable Limit of Insurance.
I. Premiums
1. The first Named Insured shown in the
Declarations:
a. Is responsible for the payment of all
premiums; and
b. Will be the payee for any return premiums
we pay.
2. The premium shown in the Declarations was
computed based on rates in effect at the time
the policy was issued. If applicable, on each
renewal, continuation or anniversary of the
effective date of this policy, we will compute
the premium in accordance with our rates and
rules then in effect.
3. With our consent, you may continue this policy
in force by paying a continuation premium for
each successive one-year period. The
premium must be:
a. Paid to us prior to the anniversary date; and
b. Determined in accordance with Paragraph
2. above.
Our forms then in effect will apply, If you do
not pay the continuation premium, this policy
wiil expire on the first anniversary date that we
have not received the premium.
4. Changes in exposures or changes in your
business operation, acquisition or use of
locations that are not shown in the Declarations
may occur during the policy period. If so, we may
require an additional premium. That premium will
be determined in accordance with our rates and
rules then in effect.
J. Transfer Of Rights Of Recovery Against Others
To Us
Applicable to Property Coverage:
If any person or organization to or for whom we
make payment under this policy has rights to
recover damages from another, those rights are
transferred to us to the extent of our payment.
That person or organization must do everything
necessary to secure our rights and must do
nothing after loss to impair them. But you may
waive your rights against another party in writing:
1. Prior to a loss to your Covered Property,
2. After a loss to your Covered Property only if, at
time of loss, that party is one of the following:
a. Someone insured by this insurance;
b. A business firm:
(1) owned or controlled by you; or
(2) That owns or controls you; or
Page 2 of 3 Form SS 00 05 12 06
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c. Your tenant.
You may also accept the usual bills of lading or
shipping receipts limiting the liability of carriers.
This will not restrict your insurance,
K. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual Named Insured.
If you die, your rights and duties will be transferred
to your iegai representative but only while acting
within the scope of duties as your legal
representative. Until your legal representative is
appointed, anyone having proper temporary
custody of your property MI have your rights and
duties but only with respect to that property.
COMMON POLICY CONDITIONS
L Premium Audit
a. We will compute all premiums for this policy in
accordance with our rules and rates.
b. The premium amount shown in the
Declarations is a deposit premium only. At the
close of each audit period we will compute the
earned premium for that period. Any
additional premium found to be due as a result
of the audit are due and payable on notice to
the first Named Insured. If the deposit
premium paid for the policy term is greater
than the earned premium, we will return the
excess to the first Named Insured.
c. The first Named Insured must maintain all
records related to the coverage provided by
this policy and necessary to finalize the
premium audit, and send us copiep of the
same upon our request.
Our President and Secretary have signed this policy. Where required by law, the Declarations page has also been
countersigned by our duly authorized representative,
;9 55-�
Lisa Levin, Secretary
cza�ao t
Douglas Elko, President
Forrn S5 00 05 12 06 Page 3 of 3
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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05
0 2005, The Hartfo(d
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 'I
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B.
EXCLUSIONS
3
C.
WHO IS AN INSURED
10
D.
LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
14
E.
LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
1s
1. Bankruptcy
15
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
15
3. Financial Responsibility Laws
16
4. Legal Action Against Us
16
5. Separation Of Insureds
16
6. Representations
16
7. Other Insurance
1s
8. Transfer Of Rights Of Recovery Against Others To Us
17
F.
OPTIONAL ADDITIONAL INSURED COVERAGES
is
Additional Insureds
18
G.
LIABILITY AND MEDICAL EXPENSES DEFINITIONS
20
Form SS 00 08 04 05
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BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage, Read the entire policy carefully to determine rights, duties and what
is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words
"we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And
Medical Expenses Definitions.
A. COVERAGES
1. BUSINESS LIABILITY COVERAGE (BODILY
INJURY, PROPERTY DAMAGE, PERSONAL
AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.
We may. at our discretion, investigate any
"occurrence" or offense and settle any claim
or "suit" that may result. But:
(1 ) The amount we will pay for damages is
limited as described in Section D. -
Liabiiity And Medical Expenses Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.
No other obligation or liability to pay sum or
perform ads or services is covered unless
e>#icdly provided for under Coverage
E)dension - Supplementary Payments-
b. This insurance applies:
(1 ) To "bodily injury" and "property
damage" only if:
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory";
(b) The "bodily injury" or "property
damage" occurs during the policy
period; and
(cj Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. — Who is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or in part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
(2) To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory"
during the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1, of Section
C. — Who Is An insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim-
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer;
Form SS 00 08 04 05
0 2005, The Hartford
Page 1 of 24
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".
2. MEDICAL EXPENSES
Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the
"coverage territory" and during the
policy period;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral
services.
3. COVERAGE EXTENSION -
SUPPt_EMENTARY PAYMENTS
a. We will pay, with respect to any claim or
"suit" we investigate or settle, or any "suit"
against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
(3) The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(4) 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.
(5) All costs taxed against the insured in
the "suit".
(B) Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
(7) All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.
Any amounts paid under (1) through (7)
above will not reduce the limits of insurance.
Page 2 of 24 Form ss oo oa 04 06
BUSINESS LIABILITY COVERAGE FORM
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b. If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit", we will
defend that indemnitee if all of the
following conditions are met,
(1 ) The "suit" against the indemnitee
seeks damages For which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
(2) This insurance applies to such liability
assumed by the insured;
(3) The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
(4) The allegations in the "suit" and the
information we know about the
"occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
(5) The indemnitee and the insured ask
us to conduct and control the defense B.
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee: and
(6y The indemnitee:
(a) Agrees in writing to:
(i) Cooperate with us in the
investigation, settlement or
defense of the "suit";
(4) Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
(iiij Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee: and
(b) Provides us with written
authorization to:
W Obtain records and other
information related to the
"suit'; and
00 Conduct and control the
defense of the indemnitee in
such "suit
So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemitee, necessary
litigation expenses incurred by us and
necessary 140tion expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B. —
Exclusions, such payments will not be
deemed to be damages for "bodily
injury" and "property damage" and will
not reduce the Limits of Insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when-
(1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
(2) The conditions set forth above, or the
terms of the agreement described in
Paragraph (6) above, are no longer met.
EXCLUSIONS
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "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; or
(2) "Personal and advertising injury" arising
out of an offense oommttted by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b. Contractual Liability
(1 ) "Bodily injury" or "property damage": or
(2) "Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to liability
for damages because of:
(a) "Bodily injury", "property damage" or
"personal and advertising injury" that
the insured would have in the
absence of the ronZract or
agreement; or
Form SS 00 08 04 05
Page 3 of 24
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"Property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "insured contract", reasonable
attorneys' fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
"bodily injury" or "property damage"
provided:
(i) Liability to such party for, or for
the cost of, that party's defense
has also been assumed in the
same "insured contract". and
(ii) Such attorneys' fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the
intoxication of any person;
(2) The Furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing,
seising, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer's Liability
"Bodily injury" to:
(1 ) An "employee" of the insured arising
out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business, or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (1 ) above.
This exclusion applies:
(1 ) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1 ) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(aj At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.
However, this subparagraph does
not apply to:
(i) "Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
(iQ "Bodily injury" or "property
damage" for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises, site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or location and
such premises, site or location
is not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured; or
Page 4 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
(b) At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste.
(C) Which are or were at any time
d, transported, handled, stored,
treated, disposed of, or processed
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(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
"pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to
(i) "Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
stone or receive them. This
exception does not apply if the
"bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
(ii) "Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being perfomroed
by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly an any
insured's behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
(2) Any loss, cost or expense arising out
of any:
(a) Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants", or
(b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants
However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
govemmental authority.
Form SS 00 08 04 05 Page 5 of 24
BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".
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" invotved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long: and
(b) Not being used to cant' persons
for a charge;
(3) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
(5) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f,(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "motile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activlty.
i. War
"Bodily injury" "property damage" or
"personal and advertising injury", however
caused, arising. directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
j. Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surreys,
field orders, change orders, designs or
drawings and specifications;
(3) Supervisory, inspection, architectural
or engineering activitles;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
(5) Any health or therapeutic service
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
Page 6 of 24 Form S5 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Ln
M
N
(8) Optometry or optor-netric services
Paragraphs (1), (3) and (4) of this
including but not limited to examination
exclusion do not apply to "property
of the eyes and the prescribing,
damage" (other than damage by fire) to
preparation, ftting,demonstration or
premises, including the contents of such
distribution of ophthalmic lenses and
premises, rented to you for a period of 7 or
similar products;
fewer consecutive days. A separate Limit
(9) Any
of Insurance applies to Damage To
(a) Body piercing (not including ear
Premises Rented To You as described in
piercing);
Section D. - Limits Of Insurance.
(b) Tattooing, including but not limited
Paragraph (2) of this exclusion does not
"your
to the insertion of pigments into ❑r
apply if the premises are work" and
under the skin; and
were never occupied, rented or held for
rental by you.
(c) Similar services:
Paragraphs (3) and (4) of this exclusion do
(1 Q) Services in the practice of pharmacy;
not apply to the use of elevators.
and
Paragraphs (3), (4), (5) and (6) of this
(11) Computer consulting, design or
exclusion do not apply to liability assumed
programming services, including web
under a sidetrack agreement.
site design.
Paragraphs (3) and (4) of this exclusion do
Paragraphs (4) and (5) of this exclusion do
not apply to "property damage" to
not apply to the Incidental Medical
borrowed equipment while not being used
Malpractice coverage afforded under
to perform operations at a jab site.
Paragraph 1.e. in Section A. - Coverages.
Paragraph (6) of this exclusion does not
k. Damage To Property
apply to "property damage" included in the
"Property damage" to
"products -completed operations hazard".
(1) Property you own, rent or occupy,
1. Damage To Your Product
including any costs or expenses
"Property damage" to "your product"
incurred by you, or any other person.
arising out of it or any part of it.
organization or entity, for repair,
m. Damage To Your Work
replacement, enhancement,
restoration or maintenance of such
"Property damage" to "your work" arising
property for any reason, including
out of it or any part of it and included in the
prevention of injury to a person or
"products -completed operations hazard",
damage to another's property:
This exclusion does not apply if the
(2) Prerses you sell, give away or
damaged work or the work out of which
abandon, if the "property damage" arises
the damage arises was performed on your
out of any part of those premises;
behalf by a subcontractor,
(3) Property loaned to you:
n. Damage To Impaired Property Or
(4) Personal property in the care, custody
Property Not Physically Injured
or control of the insured;
"Property damage" to "impaired property"
(5) That particular part of real property on
or property that has not been physically
which you or any contractors or
injured, arising out of:
subcontractors working directly or
(1) A defect, deficiency, Inadequacy or
indirediy on your behalf are performing
dangerous condition in "your product"
operations, if the "property damage"
or "your work"; or
arises out of those operations, or
(2) A delay or failure by you or anyone
(6) That particular part of any property
acting an your behalf to perform a
that must be restored; repaired or
contract or agreement in accordance
replaced because "your work" was
with its terms.
incorrectly performed on it.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
.your product" or "your work" after it has
been put to its intended use.
Form SS 00 08 04 05 Page 7 of 24
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired
(c) Title of any literary or artistic work;
Property
(8) Arising out of an offense committed by
Damages claimed for any loss, cost or
an insured whose business is:
expense incurred by you or others For the
(a) Advertising, broadcasting,
loss of use, withdrawal, recall, inspection,
publishing or telecasting;
repair, replacement, adjustment, removal
(b) Designing or determining content
or disposal of:
of web sites for others; or
(1) "Your product";
(c) An Internet search, access,
(2) "Your work"; or
content or service provider.
(3) "Impaired property";
However, this exclusion does not
if such product, work or property is
apply to Paragraphs a., b. and c.
withdrawn or recalled from the market or
under the definition of "personal and
from use by any person or organization
advertising injury" in Section G. —
because of a known or suspected defect,
Liability And Medical Expenses
deficiency, inadequacy or dangerous
Definitions.
condition in it.
For the purposes of this exclusion,
p. Personal And Advertising Injury
placing an "advertisement" for or
"Personal and advertising injury":
linking to others on your web site, by
(1) Arising out of oral, written or electronic
itself, is not considered the business
publication of material, if done by or at
of advertising, broadcasting,
the direction of the insured with
publishing or telecasting;
knowledge of its falsity;
(9) Arising out of an electronic chat room
(2) Arising out of oral, written or electronic
or bulletin board the insured hosts,
publication of material whose first
owns, or over which the insured
publication took place before the
exercises control;
beginning of the policy period;
(10) Arising out of the unauthortaed use of
(3) Arising out of a criminal act committed
another's name or product in your a -mail
by or at the direction of the insured;
address, domain name or metatags, or
any other similar tactics to mislead
(4) Arising out of any breach of contract,
another's potential customers;
except an implied contract to use
"advertising
(11) Arising out of the violation of a
another's idea" in your
"advertisement";
person's right of privacy created by
any state or federal act-
(5) Arising out of the failure of goads,
However, this exclusion does not
products or services to conform with
apply to liability for damages that the
any statement of quality or
insured would have in the absence of
performance made in your
such state or federal act;
"advertisement";
(ti) Arising out of the wrong description of
(12) Arising out of:
the price of goods, products or services;
(a) An "advertisement" for others on
(7) Arising out of any violation of any
your web site;
intellectual property rights such as
(b) Placing a link to a web site of
copyright, patent, trademark, trade
others on your web site;
name, trade secret, service mark or
(c) Content from a web site of others
other designation of origin or
displayed within a frame or bonder
authenticity.
on your web site. Content includes
However, this exclusion does not
information, code, sounds, text,
apply to infringement, in your
graphics or images; or
"advertisement", of
(d) Computer code, software or
(a) Copyright;
programming used to enable:
(b) Slogan, unless the slogan is also
(t) Your web site; or
a trademark, trade name, service
(ii) The presentation or functionality
mark or other designation of origin
of an "advertisement' or other
or authenticity; or
content on your web site;
Page 8 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(131 Arising out of a violation of any anti-
trust law:
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any "executive offices",
director, stockholder, partner or
member of the insured.
q. Electronic Data
r, Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
"' to access, or inability to manipulate
"electronic data".
r. Employment -Related Practices
"Bodily injury" or "personal and advertising
injury" to:
(1 ) A person arising out of any:
(a) Refusal to employ that person,
(by Termination of that person's
employment; or
(c) Employment -related practices,
policies, ads or omissions, such as
coercion, demotion, evaluation,
reassignment. discipline,
defamation, harassment; humiliation
or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to the
person at whom any of the
employment -related practices
described in Paragraphs (a), (b), or (c)
above is directed.
This exclusion applies:
(1 ) Whether the insured may he liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
(1 ) "Bodily injury", "property damage" or
'personal and advertising injury"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by
reason of any claim or suit
alleging actual of threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole of in
part but for the "asbestos hazard",
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in arty
way responding to or assessing the
effects of an "asbestos hazard'.
t. Violation Of Statutes That Govern E-
ntails, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
"Bodily injury", "property damage", or
"personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
(1 ) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2j The CAN-SPAM Act of 2003. including
any amendment of or addition to such
law: or
(3) Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.
Damage To Premises Rented To You —
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D. - Liability And Medical Expenses
Limits Of Insurance.
Fonn SS 00 08 04 05 Page 9 of 24
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for"bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products -Completed Operations Hazard
Included with the "products -completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. 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.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
Joint venture or limited liability company, you
are an Insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds, but only
with respect to their liability as stockhollders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co -"employee"
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 that "volunteer
worker" as a consequence of
Paragraph (1)(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.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
Page 10 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company)-
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only-
(1 ) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed organization
Any organization you newly acquire of form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 18Dth day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1 ) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. operator Of Mobile Equipment
With respect to "mobile equipment' registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person ss
also an insured, but only with respect to tiablity
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
Mh respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a- through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05
Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. -- Optional Additional Insured Coverages.
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
a. Vendors
(h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s) or organization(s) (referred to
negligence of the vendor for its
below as vendor), but only with respect to
own acts or omissions or those of
"bodily injury" or "property damage" arising
its employees or anyone else
out of "your products" which are distributed
acting on its behalf. However, this
or sold in the regular course of the vendor's
exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily injury" or
[i7 The exceptions contained in
"property damage" included within the
Subparagraphs (d) or (f); or
"products -completed operations hazard".
(ii) Such inspections, adjustments,
(1 ) The insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions:
undertakes to make in the usual
This insurance does not apply to:
course of business, in
connection with the distribution
(a) "Bodily injury" or "property
or sale of the products.
damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
insured person or organization from
reason of the assumption of
whom you have acquired such products,
liability in a contract or agreement.
or any ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liability for damages that the
containing such products.
vendor would have in the absence
of the contract or agreement;
b. Lessors Of Equipment
(b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
with respect to their liability for "bodily
(c) Any physical or chemical change
injury property damage" or
in the product made intentionally
"personal and advertising injury"
by the vendor;
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
inspection, dernonstration, testing,
person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY OVERAGE FORM
(2) With respect to the insurance afforded
e. Permits Issued By State Or Political
to these additional insureds, this
Subdivisions
insurance does not apply to any
"occurrence"
(1) Any state or political subdivision, but
which takes place after
only with respect to operations
you cease to lease that equipment.
performed by you or on your behalf for
c. Lessors Of Land Or Premises
which the state or political subdivision
(1) Any person or organization from
has issued a permit.
whom you lease land or premises, but
(2) Wth respect to the insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, maintenance or use
insurance does not apply to:
of that part of the land or premises
(a) "Bodily injury", "property damage"
leased to you.
or "personal and advertising
(2) With respect to the insurance afforded
injury" arising out of operations
to these additional insureds, this
performed For the state or
insurance does not apply to:
municipality; or
(a) Any "occurrence" which takes
(b) "Bodily injury" or "property damage"
place after you cease to lease that
included within the "products -
land or be a tenant in that
completed operations hazard".
premises; or
f. Any Other Party
(b) Structural alterations, new
(1) Any other person or organization who
construction or demolition
is not an insured under Paragraphs a.
operations performed by or on
through e. above, but only with
behalf of such person or
respect to liability for "bodily injury",
organization.
"property damage" or "personal and
d. Architects, Engineers Or Surveyors
advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but
in pact, by your acts or omissions or
only with respect to liability for "bodily
the ads or omissions of those acting
injury", "property damage" or "personal
on your behalf:
and advertising injury" caused, in whole
(a) In the performance of your
or in part, by your acts or omissions or
ongoing operations;
the acts or omissions of those acting on
(b) In connection with your premises
your behalf.
owned by or rented to you; or
(a) In connection with your premises:
(G) In connection with P. your work" and
❑r
included within the "products-
(b) In the performance of your
completed operations hazard", but
ongoing operations performed by
only if
you or on your behalf.
(i) The written contract or wrftten
(2) With respect to the insurance afforded
agreement requires you to
to these additional insureds, the
provide such coverage to
following additional exclusion applies:
such additional insured; and
This insurance does not apply to
(ii) This Coverage Part provides
"bodily injury", "property damage" or
coverage for "bodily injury" or
"personal and advertising injury"
"property damage" included
arising out of the rendering of or the
within the "products -
failure to render any professional
completed operations hazard".
services by or for you, including
(2) With respect to the insurance afforded
(a) The preparing, approving, or
to these additional insureds, this
failure to prepare or approve,
insurance does not apply to:
maps, shop drawings, opinions,
"Bodily injury", "property damage" or
reports, surveys, Field orders,
"personal and advertising injury"
change orders, designs or
arising out of the rendering of, or the
drawings and specifications; or
failure to render, any professional
(b) Supervisory, inspection,
architectural, engineering or surveying
architectural or engineering
services, including:
activities.
Form SS 00 08 04 06 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS DE INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one 'occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations_
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision: or
b, The Limits of insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of insurance shown in
the Declarations and described in this Section.
Page 14 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this
(1) Immediately send us copies of any
policy and any endorsements attached thereto
demands, notices, summonses or
applies to any claim or 'suit", the most we will pay
legal papers received in connection
under this policy and the endorsements is the
with the claim or "suit";
single highest limit of liability of all coverages
(2) Authorize us to obtain records and
applicable to such claim or "suit". however, this
other information;
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
(3) Cooperate with us in the investigation,
The Limits of Insurance of this Coverage Part apply
settlement of the claim or defense
"suit",
separately to each consecutive annual period and to
against the and
any remaining period of less than 12 months, starting
(4) Assist us, upon our request, in the
with the beginning of the policy period shown in the
enforcement of any right against any
Declarations, unless the policy period is extended
person or organization that may be
N
after issuance for an additional period of less than 12
liable to the insured because of injury
ry
months. In that case, the additional period will be
or damage to which this insurance
deemed part of the last preceding period for purposes
may also apply.
�i
of determining the Limits of Insurance,
d• Obligations At The insured's Own Cost
Q
E. LIABILITY AND MEDICAL EXPENSES
No insured will, except at that insured's own
`„
GENERAL CONDITIONS
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
W
1. Bankruptcy
than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of
e. Additional Insured's Other Insurance
CD
the insured's estate will not relieve us of our
If we cover a claim OF "suit" under this
obligations under this Coverage Part.
Coverage Part that may also be covered
*
2. Duties In The Event Of Occurrence,
by other insurance available to an
Offense, Claim Or Suit
additional insured, such additional insured
a. Notice Of Occurrence Or Offense
must submit such claim or "suit" to the
You or any additional insured must see to
other insurer for defense and indemnity.
it that we are notified as soon as
However, this provision does not apply to
practicable of an "occurrence" or an
the extent that you have agreed in a
offense which may result in a claim. To
written contract, written agreement or
the extent possible, notice should include:
permit that this insurance is primary and
MOM
(1) How, when and where the "occurrence"
non-contributory with the additional
insured's own insurance.
or offense took place;
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any
Claim Or Suit
injured persons and witnesses; and
(3) The nature and location of any injury
Paragraphs a. and b. apply to you or toany
additional insured only when such
or damage arising out of the
"occurrence", offense, claim or "suit" is
"occurrence" or offense.
known to:
b. Notice Of Claim
(1) You or any additional insured that is
911110
If a claim is rnade or "suit" is brought
an individual;
against any insured, you or any additional
(2) Any partner, if you or an additional
MMEM,
insured must.
insured is a partnership;
(1) Immediately record the specifics of the
(3) Any manager, if you or an additional
claim or "suit" and the date received;
insured is a limited liability company;
and
Im
(2) Notify us as soon as practicable.
(4) Any "executive officer" or insurance
manager, if you or an additional
You or any additional insured must see to
insured is a corporation;
0 that we receive a written notice of the
(5) Any trustee, if you or an additional
claim or "suit" as soon as practicable.
insured is a trust; or
c. Assistance And Cooperation Of The
(6) Any elected or appointed official, if you
Insured
or an additional insured is a political
You and any other involved insured must:
subdivision or public entity.
Form SS 00 08 04 05
Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law_ We will provide the required limits for
those coverages.
4, Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the First Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
fi. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1 j The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
T. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
11 y Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work';
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. -- Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. -
Coverages.
Page 16 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An
Additional insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations. or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. if other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess. we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to d❑
so, but we will be entitled to the insured's
nights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of-
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance: and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Linder this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of itss
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05
Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
3. Additional Insured - Grantor Of Franchise
COVERAGES
WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations,
amended to include as an additional insured
one or more of the following Optional Additional
the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these
Declarations as an Additional insured -
Optional Additional Insured Coverages apply,
Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required
their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit)
4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply
Equipment
to the person or organization shown in the
a. WHO IS AN INSURED under Section C. is
Declarations. These coverages are subject to the
amended to include as an additional
terms and conditions applicable to Business
insured the person(s) or organization(s)
Liability Coverage in this policy, except as
shown in the Declarations as an Additional
provided below:
Insured -- Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or
but only with respect to liability for "bodily
Organization
injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is
and advertising injury" caused, in whole or
amended to include as an additional insured
in part, by your maintenance, operation or
the person(s) or organization(s) shown in the
use of equipment leased to you by such
Declarations, but only with respect to liability
person(s) or organization(5).
for "bodily injury", "property damage" or
b. With respect to the insurance afforded to
"personal and advertising injury" caused, in
these additional insureds, this insurance
whole or in part, by your acts or omissions or
does not apply to any "occurrence" which
the acts or omissions of those acting on your
takes place after you cease to lease that
behalf:
equipment.
a. In the performance of your ongoing
5. Additional Insured - Owners Or Other
operations; or
Interests From Whom Land Has Been
b. In connection with your premises owned
Leased
by or rented to you.
a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors
amended to include as an additional
Of Premises
insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is
Insured -- Owners Or Other Interests From
amended to include as an additional insured
Whom Land Has Been Leased, but only
the person(s) or organization(s) shown in the
with respect to liability arising out of the
Declarations as an Additional Insured -
ownership, maintenance or use of that part
Designated Person Or Organization; but only
of the land leased to you and shown in the
with respect to liability arising out of the
Declarations.
ownership, maintenance or use of that part of
the premises leased to you and shown in the
b. With respect to the insurance afforded to
Decorations
these additional insureds, the following
additional exclusions apply:
b. With respect to the insurance afforded to
these additional insureds, the following
This insurance does not apply to:
additional exclusions apply:
(1) Any "occurrence" that takes place
This insurance does not apply to:
after you cease to lease that land; or
(1 � Any "occurrence" which takes place
(2) Structural alterations, new
after you cease to be a tenant in that
construction or demolition operations
premises; or
performed by or on behalf of such
person or organization.
(2) Structural alterations, new
construction or demolition operations
8- Additional Insured - State Or Political
performed by or on behalf of such
Subdivision — Permits
person or organization.
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 06
BUSINESS LIA13ILITY COVERAGE FORM
Insured — State Or Political Subdivision -
W Any Failure to make such
Permits, but only with respect to
inspections, adjustments, tests or
operations performed by you or on your
servicing as the vendor has agreed
behalf for which the state or political
to make or normally undertakes to
subdivision has issued a permit.
make in the usual course of
b. With respect to the insurance afforded to
business, in connection with the
these additional insureds, the following
distribution or sale of the products;
additional exclusions apply
(f) Demonstration, installation,
This insurance does not apply to:
servicing or repair operations,
(1 ) "bodily injury", "property damage" or
except such operations performed
"personal and advertising injury"
at the vendor's premises in
arising out of operations performed for
connection with the sale of the
the state or municipality; or
product;
(2) "Bodily injury" or "property damage"
(9) Products which, after distribution
included in the "product -completed
or sale by you, have been labeled
operations" hazard.
or relabeled or used as a
container, part or ingredient of any
7. Additional Insured — Vendors
other thing or substance by OF for
a. WHO IS AN INSURED under Section C. is
the vendor; or
amended to include as an additional
(h) "Bodily injury" OF "property
insured the person(s) or organization(s)
damage" arising out of the sole
(referred to below as vendor) shown in the
negligence of the vendor for its
Declarations as an Additional Insured -
own acts or omissions or those of
Vendor, but only with respect to "bodily
its employees or anyone else
injury" or "property damage" arising out of
acting on its behalf. However, this
"your products" which are distributed or
exclusion does not apply to:
sold in the regular course of the vendor's
(i} The exceptions contained in
business and only if this Coverage Part
Subparagraphs (d) or (f} ❑r
provides coverage for "bodily injury" or
"property damage" included within the
(ii) Such inspections,
"products -completed operations hazard".
adjustments, tests or servicing
b. The insurance afforded to the vendor is
as the vendor has agreed to
sub to the fallowing additional exclusions:
make or normally undertakes
to make in the usual course of
(1) This insurance does not apply to:
business, in connection with
(a) "Bodily injury" or "property
the distribution or sale of the
damage" for which the vendor is
products.
obligated to pay damages by
(2) This insurance does not apply to any
reason of the assumption of
insured person or organization from
liability in a contract or agreement.
whore you have acquired such
This exclusion does not apply to
products, or any ingredient, part or
liability for damages that the
container, entering into,
vendor would have in the absence
accompanying or containing such
of the contract or agreement;
products.
(b) Any express warranty
8. Additional Insured — Controlling Interest
unauthorized by you;
VVF40 lS AN INSURED under Section C. is
(c) Any physical or chemical change
amended to include as an additional insured
in the product made intentionally
the person(s) or organization(s) shown in the
by the vendor;
Declarations as an Additional Insured —
(d) Repackaging, unless unpacked
Controlling Interest, but only with respect to
solely for the purpose of inspection,
their liability arising out of:
demonstration, testing, or the
a. Their Financial control of you; or
substitution of parts under
b. Premises they own, maintain or control
instructions from the manufacturer,
while you lease or occupy these premises.
and then repackaged in the anginal
container,
Form SS DU 48 04 05
Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1 ) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work"
performed for that additional insured
and included within the "products -
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products -completed operations
hazard".
b, With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
11 j The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured — Co -Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits Of
Insurance.
Flow this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1 )
Radio;
(21
Television;
(3)
Billboard;
(4)
Magazine;
(5)
Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products of
services for the purposes of inducing the
sale of goods, products or services; or
C. Any other publication that is given
widespread public distribution.
However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto' means a land motor vehicle, trailer or
semi -trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness: or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. "Coverage territory" means:
Page 20 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
a. The United States of America (including its
b.
You have failed to fulfill the terms of a
territories and possessions), Puerto Rico
contract or agreement;
and Canada;
if such property can be restored to use by:
In. International waters or airspace, but only if
a.
The repair, replacement, adjustment or
the injury or damage occurs in the course
removal of "your product" or "your work",
of travel or transportation between any
or
places included in a. above;
G. Al! other parts of the world if the injury or
b.
Your fulfilling the terms of the contract or
damage arises out of:
agreement.
(1 ) Goods or products made or sold by you
12. "Insured
contract" means -
in the territory described in a. above:
a-
A contract for a lease of premises -
( person whose home
However, that portion of the contract for a
is in the territory described in a
lease of premises that indemnifies any
-
above, but is away for a short time on
person or organization for damage by fire,
your business; or
lightning or explosion to premises while
a,
rented to you or temporarily occupied by
(3) "Personal and advertising injury"
you with permission of the owner is
N
offenses that take place through the
subject to the Damage To Premises
10
Internet or similar electronic means of
Rented To You limit described in Section
UM
communication
D. — Liability and Medical Expenses Limits
�.,
provided the insured's responsibility
p ponsibiiit to pay
of Insurance.
N
damages is determined in the United States of
b.
A sidetrack agreement;
Cp
America (including its territories and
c.
Any easement or license agreement,
possessions), Puerto Rico or Canada, in a
"suit"
including an easement or license
•
on the merits according to the
agreement in connection with construction
substantive law in such territory, or in a
or demolition operations on or within 50
settlement we agree to.
feet of a railroad;
7. "Electronic data" means information, facts or
d.
Any obligation, as required by ordinance,
programs:
to indemnify a municipality, except in
a. Stored as or on;
connection with work for a municipality,
b. Created or used on. or
e.
An elevator maintenance agreement; or
c. Transmitted to or from
f.
That part of any other contract or
computer software, including systems and
agreement pertaining to your business
_—
applications software, hard or floppy disks,
(including an indemnification of a
CD -RAMS. tapes, drives, cells, data
municipality in connection with work
processing devices or any other media which
performed for a municipality) under which
are used with electronically controlled
you assume the tort liability of another
_
equipment.
party to pay for "bodily injury" or "property
8. "Employee" includes a "leased worked'.
damage" to a third person or organization,
"Employee" does not include a "temporary
provided the "bodily injury" or "property
worker"
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
--
_
9. "Executive officer" means a person holding
Tort liability means a liability that would be
any of the officer positions created by your
imposed by iaw in the absence of any
charter, constitution, by-laws or any other
contract or agreement.
similar governing document.
_
Paragraph f. includes that part of any
10. "Hostile fire" means one which becomes
contract or agreement that indemnifies a
uncontrollable or breaks out from where it was
railroad for "bodily injury" or "property
intended to be,
damage" arising out of construction or
11. "Impaired property" means tangible property,
demolition operations within 50 feet of any
other than "your product" or "your work", that
railroad property and affecting any railroad
cannot be used or is less useful because:
bridge or trestle, tracks, road -beds, tunnel,
a. f{ incorporates "your product" or "your work"
underpass or crossing.
that is known or thought to be defective,
However, Paragraph f. does not include
deficient, inadequate or dangerous; or
that part of any contract or agreement
Form SS 00 08 04 05 Rage 21 of 24
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
(a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
(b) Giving directions or instructions,
or failing to give them, if that is the
primary cause of the injury or
damage; or
(2) Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1 ) above and supervisory,
inspection, architectural or
engineering activities.
13. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
Firm, to perform duties related to the conduct of
your business. "Leased worker" does not
include a "temporary worker".
14. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto": or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
15. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b. Vehicles maintained for use solely on or
next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
(1 ) Power cranes, shovels, loaders,
diggers or drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e. Vehicles not described in a., b., c., or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
Following types:
(1 ) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., c.. or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1 ) Equipment, of at least 1,000 pounds
gross vehicle weight, designed
primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.
1 B. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
17. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
aE. False arrest, detention or imprisonment;
b. Malicious prosecution;
Page 22 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
C. The wrongful eviction from. wrongful entry
Work that may need service, maintenance,
into, or invasion of the right of private
correction, repair or replacement, but
occupancy of a room, dwelling or
which is otherwise complete, will be
premises that the person occupies,
treated as completed.
committed by or on behalf of its owner,
The "bodily injury" or "property damage"
landlord or lessor;
must occur away from premises you own
d. Oral, written or electronic publication of
or rent, unless your business includes the
material that slanders or libels a person or
selling, handling or distribution of "your
organization or disparages a person's or
product" for consumption on premises you
organization's goods, products or services;
own or rent.
e. Oral, written or electronic publication of
b. Does not include "bodily injury" or
material that violates a person's right of
"property damage" arising out of
privacy;
(1) The transportation of property, unless
C„
f. Copying, in your "advertisement', a
the injury or damage arises out of a
person's or organization's "advertising
condition in or on a vehicle not owned
Q+
idea" or style of "advertisement"
or operated by you, and that condition
o
g. Infringement of copyright, slogan. or title of
was created by the "loading or
iv
any literary or artistic work, in your
unloading" of that vehicle by any
"advertisement"; or
insured; or
h. Discrimination or humiliation that results in
(2) The existence of tools, uninstalled
injury to the feelings or reputation of a
equipment or abandoned or unused
natural person.
materials.
18. "Pollutants" means any solid, liquid, gaseous or
20. "Property damage" means:
thermal irritant or contaminant, incksding smoke,
a. 'Physical injury to tangible property,
vapor, soot, fumes, acids, alkalis, chemicals and
including all resulting loss of use of that
waste. Waste includes materials to be recycled,
property. All such loss of use shall be
—
reconditioned or reclaimed.
deemed to occur at the time of the
—
19. "Products -completed operations hazard",
physical injury that caused it, or
a. Includes all "bodily injury" and "property
b. Loss of use of tangible property that is not
—
damage" occurring away from premises
physically injured. All such loss of use
you own or rent and arising out of "your
shall be deemed to occur at the time of
product" or "your work" except:
"occurrence" that caused it-
(1) Products that are still in your physical
As used in this definition, "electronic data" is
possession; or
not tangible property.
(2) Work that has not yet been completed
21. "Suit" means a civil proceeding in which
or abandoned. However, "your work"
damages because of "bodily injury", "property
will be deemed to be completed at the
damage" or "personal and advertising injury"
—
earliest of the following times:
to which this insurance applies are alleged.
taj When all of the work called for in
"Suit" includes_
your contract has been completed.
a. An arbitration proceeding in which such
(b) When all of the work to be done at
damages are claimed and to which the
the job site has been completed if
insured must submit or does submit with
—_
your contract calls for work at
our consent; or
—
more than one job site.
b, Any other alternative dispute resolution
(c) When that part of the work done at
proceeding in which such damages are
a job site has been put to its
claimed and to which the insured submits
intended use by any person or
with our consent.
_
organization other than another
22. "Temporary worker means a person who is
contractor or subcontractor
fumished to you to substitute for a permanent
_—
working on the same project.
"employee" on leave or to rneet seasonal or
short-term workload conditions.
21 "Volunteer worker' means a person who:
a. Is not your "employee";
Form SS 00 08 04 05 Page 23 of 24
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.
24. "Your product':
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. includes:
(1 f Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.
25. "Your work":
a. Means:
(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.
b. Includes:
(1 ) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.
Page 24 of 24 Form SS 00 08 04 05