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PW17-405 - Amendment - #4 - GeoEngineers, Inc. - Linda Heights Pump Station - 11/09/2021
Nancy Y. for Thomas Leyrer Public Works 11/10/2021 11/12/2021 N/A S20046 N/A GeoEngineers, Inc.Contract Amendment Linda Heights Pump Station Extend the time of completion to December 31, 2022 due to the project will not be completed this year. Other 12/31/22 $0 PW17-405 AMENDMENT - 1 OF 2 AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Linda Heights Pump Station Replacement ORIGINAL AGREEMENT DATE: July 21, 2017 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change to the scope of work, however an amendment is necessary to extend the time of completion to December 31, 2022 due to the project will not be completed by the end of this year. 2. The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $ Net Change by Previous Amendments including applicable WSST $ Current Contract Amount including all previous amendments $ Current Amendment Sum $ Applicable WSST Tax on this Amendment $ Revised Contract Sum $ AMENDMENT - 2 OF 2 Original Time for Completion (insert date) Revised Time for Completion under prior Amendments (insert date) Add’l Days Required (±) for this Amendment calendar days Revised Time for Completion (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Carla Maloney, P.E. Its Design Engineering Manager (title) DATE: ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department GeoEngineers - Linda Heights Amd 4/Leyrer Client#: 326119 GEOENINC2 DATE (MM/DD/YYYY) ACORD,,, CERTIFICATE OF LIABILITY INSURANCE 1 6/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS :RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Please See Below: USl Insurance Services NW CIL PHONENo E , 206 441-6300 ; 610-362-8530 601 Union Street, Suite 1000 nDnA S, $eattle.PLCertRequest@usi.com Seattle. WA 98101 INSURED GeoEngineers, Inc. 17425 NE Union Hill Road, Suite 250 Redmond, WA 98052 INSURER(S) AFFORDING COVERAGE NAIC # A: Hartford Fire Insurance Company 19682 B : Hartford Casualty Insurance Company 29424 c : Hartford - WC Multiple Issuing Cos 100914 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE . XI COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LXJ OCCUR ADD IIN$R X U WVD X POLICY NUMBER 52UUNOL5662 POLICY EFF POLICY EXP MM/DD/YYYY MM/DD/YYYY LIMITS A D6/30/2021'06/30/2022 EACH OCCURRENCE $1,000,000 PAREMIEESOEa ocTE en $300 000 MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY OX JECT E LOC OTHER: I GENERAL AGGREGATE $2000,000 PRODUCTS - COMP/OP AGG $ 2 000,000 $ b AUTOMOBILE i X LIABILITY ANY AUTO AUNED SCHED TOS ONLY AUTOSULED NON-OWNED ARED UTOS ONLY FxAUTOS ONLY X X 52UENOL5663 52XHUOL5664 (Follow Form) I )6/30/2021 06/30/202 COMBINED SNVGLE LIMIT r 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per. dent $ B X UMBRELLA LIAR EXCESS LIAB I X I OCCUR CLAIMS -MADE X X I )6/30/2021 06/30/2022 EACH OCCURRENCE AGGREGATE s2,000,000 s2,000,000 , DED_ X RETENTIoN 10 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYMPROPRIETORfPARTNERIEXECUTIVEY/N ICERIMEMBEREXCLUDED? (MndetoryInNH) Ir yes, describe under DESCRIPTION OF OPERATIONS below N/A X 52WEOL6H8D Includes: StopGap/MEL/USL&H 06/30/2021 06/30/202 X PER TE OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) "Please Note: The limits shown above may not represent the full limits of coverage carried by the Named Insured, but are shown as evidence that coverage is carried with the limits at least as high as is required by contract." RE: GeoEngineers Project No. 0410-201-00; Project Name: Linda Heights Pump Station Replacement. (See Attached Descriptions) City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032-0000 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S32441328/M32439117 MYPZP DESCRIPTIONS (Continued from Page 1) City of Kent is Additional Insured and coverage is primary and non-contributory as respects General and o Liability if required by written contract per attached endorsements. SAGMA 25.3 (2016/03) 2 of 2 #S32441328/M32439117 POLICY hlUMBE t: 52 UUN OL5662 COMMERCIAL GENERAL LlARIUTY CO 20 1010 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This sarrdorsement rt Wifles Insuraxe provided urttier the loliowing; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Portion or Organization: As required by written Contract (it,rlo entry appears above, Iriloemat►on tequInM to complete this endorsement will be atown in the Declarations as applicable to this endorse- ment. } A. Seetloo 0—Who Its An lrzpu►sd IS ar"nded to inciuGA " ark Insured ft parili4n orOrgonitatlort sihawr rn tho Seh adule. but Wtrly with retmpeat to iiabOdy aftsing nut of your Ongoing opera- tions performed fix that Insured, 0. With respect to tho ireetirarce atldrdud to matio adagllikonal Inwrods. the following owclusion to acidod I 2: Exclusions This insutanco Woos not apply to ""dily Injury or "prop. erty aamages' oceur-64 aller: (1) Ail work, Irbluoiing mateetald, parts or "tApment tumished lilt ctoinnectlon 4r41tl "a omrk on the project (Outer than semce, maintenance or "- parrs) to be pro ofmod by or on behidl of Rw ad- ditional imurod(s) at the a►te of the rovarrad cp- irrritions has nears complaled, or (2) That pznkt n of "your worts" out of whleh Ikte injury or damage anfie® nos boon put to �U imanded use by any parson or oaganinfim other then an., other contramor or subcontractor engaged in per- torm i" 004ralinns lot a ptloc+pa I its a park of the some projuet, CG 20 1010 01 Copyrrsghl. Insurance Servlo6s [dries, lnc.., 2000 Pays 1 of 1 POLICY, 52UUNOL5662 AI.PNC,WO&SI.0ngOps.00 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various pravisicms 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, and any other person or organization qualifying as a Named Insured under this policy. 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 11 - Who Is An Insured, Other words and phrases that appear in quatafian marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legal ly obligated to pay as damages because of "bodily injury' or "property damage" 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" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence' and settle any claim or 'suit' that may result. But- (1) The amount we will pay for damages is limited as described in Section III -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 ofJudgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or, services is covered unless explicitly provided for under Supplementary Payments - Coverages A and 8. b< This 1risurance applies to 'bodily injury' and "property damage" only If', (1) The "bodily Injury" or "property damage' is caused by an "occurrence" that takes place in the "coverage territory, (2) The *bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section 11 - Who Is An Insured and no 'employee' authorized by you to glve or receive notice of an .occurrence' or claim, know 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, c, 'Bodily Ififury" or "property clarnageo will be deemed to have been known to have occurred at the earl -lost time when any Insured listed under Paragraph 1. of Section 11 - 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-, (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 per -son or organization for care, loss of services or death resulting at any time from the !bodily injury', a. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "employee" or 'volun.(eer worker' shall be deemed to be caused by an .occurrence"for: HG 00 01 0916 Page I of 21 0 2016 The Hartford (includes copyrighted material of Insurance Services Office, Inc, with its permission.) (1) Professional health care services such as - (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction, or i(c) The furnishing or dispensing of drugs or medical', dental, or surgical supplies or appiliances-, or (2) First aid services, which Include. (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a GoDd Samaritan, For the purpose of determining the limits of insurance, 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 'QccurTence'. However, this incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to, a. Expected Cr Intended Injury "Bodily injury' or 'property damage" expected or intended from the standpoint of the Insured, This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability 'Bodily injury' or *property damage" for which the Insured is obligailed to pay damages by reason of the assumption of liability In a contract or agreement, This exclusion does not apply to liability for damages, (1) That tha insured would have in the absence of the contract or agreem on(,, or (2) Assumed in a contract or agreement that is an 'Insured contract', provided the `bodily Injury' or "property damageo occurs subsequent to the execution of the contract or agreement. Wally for the purposes of liability assumed in an 'insured contract`, reasonable attorney 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 - (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same 'Insured contract", and (b) Such attorney 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 intoxicafion of any person-, (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcobol', or (3) Any statute. ordinance or regulation rotating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any 'Insured allege negligence or other wrongdoing ins (a) The supervision, hiring, employment, training or monitoring of others by that Insured; or (b) Providing or failing to provide transportation with rasped to any person that may be under the influence of alcohol', If the "occurrence" which caused the "bodily injury' or *property damage"", Involved that which is described in Paragraph (1), (2) or (3.) above_ However, Ibis exclusion applies only if you are In the business of manufacturing. distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of galling, serving or furnishing alcoholic beverages. d. Workers! Compensation And Si-millar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employees Liability *Bodily injury" lo: (1) An "employee' of ft insured arising out of and in the course of: Page 2 of 21 HG 00 01 0916 (a) Employment bythe insured; or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insureds business; or (c) Which are or were at any time (2) The spouse, child, parent, brother of sister transported, handled, stored, treated, of that "employee' as a consequence of disposed of. or processed as waste by Paragraph (1) ab.ove, or for This exclusion appries- (1) Any insured: or (11) Whether the insured may bo liable as an (11) Any person or organization for employer or in any other capacRl y. and whom you may be legally (2) To any oUlgation to share damages will) responsible; or repay someone also who must pay (d) At or from any premises, site or damages because of the injury, location on which any Insured or any contractors or subcontractors working This exclusion does not apply to liability directly or indirectly on any insured's assumed by the insured under an "insured behalf are performing operations if the behalf contracts, are brought on or to the f. Pollution premises, site or location in connection (1) "Bodily injury* or *property damage" with such operations by such insured, arising out of the actual, alleged or contractor or subcontractor, However, threatened discharge, dispersal, seepage, this subparagraph does not apply to'. migration, release or escape of (I) 'Bodily injury" or 'property damage" "pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids location which is or was at any time which are needed to perform the owned or occupied by, at rented or normal electrical, hydraulic or loaned to, any Insured. However, this mechanical functions necessary for subparagraph does not apply to: the operation of Omo4lle equipment" (I) 'Bodily injury' if sustained within a or its parts, if such fuels, lubricants building and caused by smoke, or other operating nuids escape from a vehicle part designed to fumes. vapor or soot produced by hold, store or receive them. This or originating from equipment that exception does not apply if the is used to heat, cool or dehumic:14 'bodily injury* or 'property damage" the building, or equIpment that is arises out of the intentional used to heat water for personal discharge, dispersal or release of use, by the building's occupants or the fuels, lubricants or other Their guests, operating fluids, or if such fuels, (it) "Bodily injury' or "property damage' lubricants or other operating fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such Insured, respect to your ongoing operations Contractor or subcontractor: performed for that additional (11) 'Bodily Injury' or 'property damage" Insured at that premises, site or sustained within a building and location and such premises, site or caused by the release of gases. location is not and never was fumes or vapors from materials owned or occupied by, or rented or brought into that building in loaned to, any Insured, other then connection with operations being that additional insured; or performed by you or an your behalf (M) "Bodily injury" or 'property damage' by a contractor or subcontractor; or arising cut of heat, smoke or fumes (111) "Bodily Injury' or "property damage" from a 'hostile fitre'-, arising out of heat, smoke or fumes (b) At or from any premises, site or from a "hostile fire"; of location which is or was at any time (e) At or from any promises, site or used by or for any Insured or others for location on which any Insured or any contractors or subcontractors working MG 00 010916 Page 3 of 21 directly or indirectly on any insured's behalf are performing operations it the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond in, or assess the effects of, "pollutants'. (2) Any Im. cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monkor, clean up, remove, contain. treat, detoxify of 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, Opoltutarts'. 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 governmental authority, 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 of 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' involved the ownership, maintenance, use or entrustment to others of any aircraft, 'auto' or watercraft that is owned or opef ated by or rented or loaned to any insured, This exclusion does not apply to: (1) A watercraft while ashore on premises you own or fen(; (2) A watercraft you do not own that Is: (a) Less than 51 feet long; and (b) Not being used to carry 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; (S) "Bodily injury" or 'property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the defindion of 'mobile equipment" If A were not subject to a compulsory or financial responsiblIfty law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment 4stad 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 of 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 'mobile equipment' by an *auto" owned or operated by or rented or loaned to any insured-, or (2) The use of "mobile eq ulpm ent' in, or while in practice for, cir while being prepared for, any prearranged facing, speed, demolition, or stunting activity. 1. War "Bodily Injury' or "property damage", 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 Mending against any of these. J, Damage To Property "Property damage" to., Page 4 of 21 FIG 00 01 0916 (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, (2) Premises you sell, give away or abandon, it the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the Insured: (5) That particular part of real property on which you or any contractors or subcontractors wor} irig directly or indirectly on your behalf are performing operations, it the `property damage' arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because 'your work" was incorrectly performed on It Paragraphs (1), (3) and (4) of this exclusion do not apply to *property damage' (other than damage by fire) to promises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To Yov as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are 'your work" and were never occupied, rented or held for rental by you, Paragraphs (3) and (4) of this exclusion do not apply to "property damage* arising from the use of e[evatars, Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site, Paragraph (6) of this exclusion does not apply Ica "property damage" included in the "products -completed operations hazard'. k. Damage To Your Product �Prcperty damaW to "your product" arising out of it or any part of iL Damage To Your Work "Property damage" to 'your work" arising out of it or any part of it and included In the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a suboontreclor. rn. Damage To Impaired Property Or Property Not Physically Injured 'Property damage' to "Impaired property' or property that has not been physically injured, arising out of, (1) A defect, deficiency, Inadequacy or dangerous condition in "yaur product' or .your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 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. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement. adjustment, removal or disposal of, (1) 'Your product (2) "Your work'-, or (3) "Impaired property'; if such product. work, or property is %ithdrawn or recalled from the m"et or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, o. Personal And Advertising Injury "Bodily Injury" arising out of 'personal and advertising injury". P. Access or Disclosure Of Confidential Or Personal Wormation And Data -related Liability Damages arising out of. (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card Information, hea3b information or any other type of nonpublic Information: or (2) The loss of, loss of use of, damage to. corruption of, inability to access, or inability to mantpulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, HG 00 0109 16 Page 5 of 21 public relations expenses or any other loss, assess the effects of an 'asbestos cost or expense incurred by you or others hazard", or arising out of that which is described in (c) Arise out of any claim or suit for Paragraph (1) or (2) above, damages because of testing for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of 'bodily injury", dato)(iifying or neutralizing or In any As used In this exclusion, electronic data way responding to or assessing the means information, facts or programs stored effects of an *asbestos hazard'. as or on, created or used on, or transmitted to s. Recording And Distribution Of Material Or or from computer software, including systems Information In Violation Of Law and applications software, hard or floppy "Bodily injury" or *property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or Indirectly out of any action or processing devices OF any other media which omission that violates or Is alleged to violate., are used with electronically controlled equipment, (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or q. Employment -Related Practices addition to such law: Bodily Injury" to, (2) The CAN-SPAM Art of 2003, including (1) A person arising out of any "employment- any ;amendment of or addition to such law, related practices-. or (3) The Fair Credit Reporting Act (i and (2) The spouse, child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of 'bodily including the Fair and Accurale Credit injury" to that person at whom any Transaction Act (FACIA), or "employment -related practices" are (4) Any federal, slate or local statute, directed, ordinance or regulation, other than The This exclusion applies: TCPA or CAN-SPAM Act of 2003 of FORA (1) Whether the `injury -causing event and their amendments and additions, that described in the definition of 'employment- addresses, prohibits or limits the printing, rotated practices" Occurs before dissemination. disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that parson; communicating or distribution of material (2) Whether the insured may be liable as an or information - employer or in any Other capacity; and Damage To Promises Rented To You - (3) To any obligation to share damages with Exception For Damage By Fire, Lightning Or of repay someone else who must pay Explosion damages because of the injury, Exclusions c. through h. and J. through n. do not r. Asbestos apply to damage by fire, lightning or explosion to premises while rented to you or temporarily (1) 'Bodily injury' or "property damage' occupied by you with permission of the owner, A arising ou I of the "a %bestos hazard" separate limit of insurance applies to this (2) Any damages, judgments, settlements, coverage as described In Section III - Limits Of loss, costs or expenses that Insurance, (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any clairn or suit alleging actual or INJURY LIABILITY threatened Injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will pay those sums that the insured which would not have occurred in "asbestos becomes legally obligated to pay as damages whole or In part but for the because of 'personal and advertising injury" hazard": to which this insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any *suit' seeking those damages. requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, Insured against any "suit" seeking damages encapsulate, contain, treat, datoxify or for 'Personal and advertising lnjury� to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6 of 21 HG 00 01 0916 discretion, Investigate any 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 III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or 8 or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Cover -ages A and B. ba This insurance applies to 'personal and advertising Injury" caused by an of arising out of your business but only if the offense was committed in the "coverage territory' during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising Injury" arising out of an offense committed by, at the direction or with [he consent or acquiescence of the insured with the expectation of Inflicting 'Personal and advertising injury'. lb, Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication, In any manner, of material, if done by or at the direction of the insured with knowledge of Its falsity, c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of ml, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy perilod. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. a. Contractual LlabItIty "Personal and advertising injury' for which the insured has assumed liabl* in a contract or agreement This exclusion does not apply to liability for darnages that the insured would have in the absence of the contract or agreement, f. Breach Of Contract "Personal and advertising injury' arising out of a breach of contrad, except an implied contrad to use anothees 'advertising idea" in your "advertisement", g. Quality Or Performance Of Goods - Failure To Conform To Statements "Personal and advertising injury" arising oul of the failure of goods, products or services to conform with any statement of quality or performance made in your'advartisement". h, Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. 1. Infringement Of Intellectual Property Rights (1) "Personal and advertising Injury' arising out of any actual or alleged Infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity, or (2) Any injury ardamage alleged in any dam or 'suit" that also alleges an infringement or violation of any intellectual properly right, whether such allegation of infringerneirit or violation is made by you or by any other party involved In the claim or "writ", regardless of whether this insurance would otherwise apply. However, this exclusion does rvot apply if the only allegation in the claim or *sue involving any intellectual properly right is limited to: (1) Infringement, in your 'advertisement', of-, (a) Copyright', (b) Slogan; or (c) Tale of any literary or artisUc work; or (2) Copying, in your "advert isernent", a person's or organization's "adverlising Idea' or style of 'advertisement'. J. Insureds In Media And Internet Type Businesses "Personal and advertising injury' committed by an Insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others: or (3) An Internet search, access, content or service provider, However. this exclusion does not apply to Paragraphs a., b. and c. of the definitico of "personal and advertising injury" under the Definitions Section. HG 00 01 0916 Page 7 of 21 For the purposes of this exclusion, the placing of frames, borders or fir*s, or advertising, for you or -others anywhere on the Internet, Is not by Itself, considered the business of advertising. broadcasting. publishing at telecasting- k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control, 1. Unauthorized Use Of Anothees Name Or Product "Personal and advertising Injury" arising out of the unauthorized Lisa of anotheft name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead anotheils potential customers, m. Pollution "Personal and adverbs-Ing injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 'pollutants" at any time. n- Pollution -Related Any loss. cost or expense arising out of any. (1) 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 (2) Claim or suit by car an 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"- o. War "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 auftdty in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising Injury* arising out of: (1) An 'advertisement" for others an your web site: (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site, or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an `advertisement" or other content on your web site, of Right Of Privacy Created By Statute "Personal and advertising injury- arising out of the violation of a person'& right of privacy created by any state or federal act. However. this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti•Trust law 'Personal and advertising injury' arising out of a violation of any anti-trust law. 'Personal and advertising injury' arising out of the fluctuation In price or valve of any stocks, bonds or other securities. It. Recording And Distribution Of Material Or Information In Violation Of Low 'Personat and advertising Injury* arising directly or indirectly out of any action or omission that violates or Is alleged to viotate-, (1) The Telephone Consumer Protection Act (TCPA), including any arnendmerA of or addition to such I aw" (2) The CAN-SPAM Act of 2003, including any amendment of of addition to such law, (3) The Fair Credit Reporting Act (FORA), and any amendment of or addition to such law, Including the Fair and Accurate Credit Transaction Act (FACTA), or (4) Any federal, state or loll statute, ordinance or regulation, other than the TCPA or CAN-SPAM Art of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, wflecting, recording, sending, transmitting, communicating or distribution of material or information. Page 8 of 21 HG 00 0109 16 u. Employment -Related Practices 'Personal and advertising injury" to: (1) A person arising out of any 'employment — rotated practices: or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any 'employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of 'employment - related practices" occurs before employment, during employment or after employment of that person,, (2) Whether the insured may be liable as an employer or in any other capacity., and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard", (2) Any damages, JudgmeriLs, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened Injury or damage of any nature or kind to persons or property which would not have occurred in whole or 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 cJalrn or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, deloxifying or neutralizing or in any way responding to or assessing the effects of an 'asbestos hazard*- w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization'.5 confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitor' , nng expenses, forensic expenses, public relations expenses, or any other loss. cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information, COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We YAII 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 acc4dent', 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, Ir professional nursing and funeral services, 2. Exclusions We will not pay expenses for 'bodily injury": a. Any fnsu red To any insured, except "volunleerworkers*. 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 or premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person. whether or not an "amployee" of HG 00 01 0916 Page 9 of 21 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, ►nstructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed ❑perations hazard', g. Coverage A Exclusions Excluded under Coverage k SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we Investigate or settle, or any 'suit" against an insured we defend, a� All expenses we incur, b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do not have to furnish these bonds. c. 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 Lbese bonds. d. Ali 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 Lip to $500 a day because of time off from work. 0. All court costs taxed against the insured In the "suit. However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured, f, Prejudgment Interest awarded against the insured on that part of the judgment we pay. If we maize 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, g. Ail 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. These payments will not reduce the limits of insurance, 2. If we defend an insured against a *suit' and an Indemnilee of the Insured Is also named as a party to the "sue, we will defend that indemrittee ifall otthe following conditions are met si, 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"; it. This insurance applies to such liability assumed by the Insured; c. The obligation to defend, or [he cost of the defense of, that Indemnitee, has also been assumed by the Insured in the same "insured contract"; d. 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 interests of the friderrinftee', e. The indemnitee and the insured ask Lis to conduct and control the defense of that indemnitee against such 'suit' and agree that we can assign the same counsel to defend the insured and the lndemnitee; and IF. The indamnitea: (1) Agrees in writing to, (a) Cooperate with us in the investigation, settlement or defense of the "stall', (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the msuit% (c) Notify any other insurer whose coverage Is available to the indamnitee: and (d) Cooperate with us with respect to coord[nating other applicable insurance available to the indemnliee, and (2) Pmvdas us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnliee in such "cult". So long as the above conditions are met, attorneys' fees incurred by us In the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2,b.(2) of Section I — Coverage A — Bodily Injury And Property Damage tiability, Such payments will not be deemed to be damages for *bodily injury" and "property damage" and will not reduce the limits of insurance, Page 19 of 21 HG 00 01 0916 Our obligation to defend an Insureds indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when-, a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met_ SECTION11 — 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 stockholders. e. A trust, you are an Insured. Your trustees are also insureds, but only with respect to their dukes 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 *empk)yees', other than either your 'executive officers" (if you are an organization other than a partnership, joint venture or limited, liability company) or your managers (ff 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), to a vo-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 spaLisa, child, parent, brother or sister of that co -'employes" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with of repay someone else who must pay damages because of the Injury described In Paragraphs (1)(a) or (1)(b) above or (d) Arising cut 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- (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any 'employee" or 'volunteer worker' providing first aid Services; and (b) Subparagraph (1)(d) above does not apply in 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, (b) Rented to, in the care. custody or control of, or over which physical contral 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 parson (other than your "employee" or .volunteer worker'), or any organization while acting as your real estate manager, t. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, biA 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 It You DW Your legal representative if you die, but only HG 00 0109 16 Page 11 of 21 with respect to duties as such, That S. Additional insureds When Required By representative will have all your rights and Written Contract, Written Agreement Or duties under this Coverage Part, Permit e. Unnamed Subsidiary The following person(a) or organizationts) are an Any subsidiary. and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of wntten contra et, written agreement or because of which your own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part. additional Insured on your policy, provided the The insurance afforded herein for any Injury or damage occurs subsequent to the execution of the contract or agreemeM.. subsidiary not named In this Coverage Part as a named insured does not apply to injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agreement or would be a named insured under such However, no such person or organization Is an policy but for its termination or the exhaustion Insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly acquire or form, this Coverage Part. other than a partnership, joint venture or limited e. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, w li qualify as a Named Insured if there is 'bodily 'injury" or "property damage arising no other similar insurance available to that out of "your products' which are distributed or organization, 1- cwever: sold in the regular course of the vendor's a. Coverage under this provision Is afforded only business and only if this Coverage Part until the 180th day after you acquire or form provides coverage for "badly injury' or the organization or the end of the policy 'property damage" Included within the period, whifchever Is earlier, 'products -completed operations hazard'. b. Coverage A does not apply to "bodily injury" (1) The insurance afforded the vendor Is or "property damage" that occurred before subject to the following additional you acquired or form, ed the organization, and, exclusions: c. Coverage 19 dues not apply to "personal and This Insurance does not apply to: advertising injury arising out of an offense (a) 'Bodily injury' or "property damage" for committed before you acquired or formed the which the vendor is obligated to pay organization, damages by reason of the assumption 4. hfonowned Watercraft of liability in a contract of agreement. With respect to watercraft yrou do not own that is This exclusion does not apply to liability for damages that the vendor less than 51 feet long and Is not being used try would have In the absence of the carry persons for a charge, any person is are contract or agreement; insured while operating such watercraft with your permission. Any other parson or organization (b) Any express warranty unauthorized by resporosible for the conduct of such persons is you, also an insured, but only with respect to llabllity (c) Any physical or chemical change In the arising out of the operation of the watercraft and product made Intentionally by the only 1 no other insurance of any hind is available vendor: to that person or organization for this liability. (d) Repackaging, except when unpacked However, m person or organization is an insured solely for the purpose of inspection, with respect to: demonstration, testing, or the s. "Bodily injury" to a co -"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and than b. "Property damage' to property owned by, repackaged in the original container; rented to, in the charge of or occupied by you (a) Any failure to mare such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to snake or normally Page 12 of 21 HG 00 01 0916 undertakes to make in the usual course oaf 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; (9) 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 (h) "Bodily Injury' or "property damage' arising out of the sole negligence of the vendor for Its own acts or omissions or those of its employees or anyone else acting on its behalf, However, this exclusion does not apply to. (I) The exceptions contained in Sub- paragraphs (d) or (f); or (II) 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. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products. or any ingredient, part or container. entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organizations) from whom you lease equipment; but only with respect to their liability for "bodily injury", 'property damage" at "personal and advertising Injury' caused, in whole or in part, by your maintenance, operation or use of equipment teased to you by such persons) or organization (s ). (2) With respect to the insurance afforded to those additional hsureds this insurance does not apply to any "occurrence' which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to yiou, With respect to the insurance afforded these additional insureds the following additional exclusions apply. This Insurance does not apply to: 1. Any "occurrence` which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organbtatit,n. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor. but only with respect to liability for "bodily Injury", "property damage' er personal and advertising injury` mused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This Insurance does not apply to 'TTodily injury', "properly damage' or `personal and advertising injury' arising out of the rendering of or the failure to render any professional services by or for you, Including: 1. The preparing, approving, or failing to prepare or approve, maps. shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications.; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any Insured allege negligence or other ►wrongd3ing in the supervision. hiring, employment, training or monitoring of others by that Insured, if the occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the 'personal and advertising Injury", Involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdlvisi ons Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) 'Bodily Injury% "property damage" or "personal and advertising Injury' arising out of operations performed for the state or municipality: or HG 00 0109 16 Page 13 of 21 (2) 'Bodily injury" or "property damage" Included within ft "products -completed operations hazard". f. Any tither Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, 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; (2) In connection with your premises owned by or rented to you: or (3) In connect[on with 'your work' and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for *bodily injury' or "property damage" included within the "products- compteted operations hazard'. However: (i) The insurance afforded to such additional Insured only applies to the extent permitted bylaw; and (2) If coverage provided to the additional Insured Is required by a contract or agreement, the Insurance afforded to such additional insured will not be broadar than that which you are required by the contract or agreement to provide for such additional Insured. With respect to the insurance afforded to these additional insureds, this insurance doss not apply to: "Bodily Injury', "property damage" or "personal and advertising Injury" arising out of the rendering of, or the failure to render. any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering ectivitles. This exclusion applies even d the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury` or "property damage", or the offense which caused the "personal and advertising Injury, involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional Insureds is described in Section ill — Limits Of Insurance. Flow this insurance applies when ether insurance Is available to the additional Insured is described in the Other Insurance Condition In Section IV — Commercial General Llabifity 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. SECTION III — LIMITS OF 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 orcganizaltons making rlairfis or bringing "suits" 2. General Aggregate Limit, The General Aggregate Limit is the most we will pay for In surer of: a. Medical expenses under Coverage G; b. Damages render Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard": and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because: of "bodily injury" and .property damage included in the "products - completed operations hazard", 4, Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertlsling Injury Limit is the most we will pay under Coverage B for the suns of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3, above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage .A: and Pager 14 of 21 HG 00 0109 16 b- Medical expanses under Coverage C because of all 'bodily injury' and *property damage" arising out of any one "occurrence", 6. Damage To Promises Rented To You Limit Sut. ect to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises. while rented to you, or in the case of damage by fire, Ilghtning or explosion, while rented to you or temporarily occupied by you with permission of the owner, In the cass of damage by fire, lightning of 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- 7. Medical Expense Limit Subject to 5, above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily inW sustained by anyone person. 8. How Limits Apply To Additional Insureds It you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we wilt pay on behalf of such additional insured Is the lesser of, a. The limits of insurance spectfied in the written contract or written agreement, or b. The Limits of Insurance shown in the Declarations, Such amount shalt be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section, The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remainlrig period of less than 12 months, slartIng with the beginning of the pollcy period shown in the Declarations, unless the policy period is extended after Issuance for an additional period of less than 12 months- In that case, the additional period will be deemed part of the lost preceding period for purposes of determining the Limits of Insurance, SECTION W — COMMERCIAL GENERAL LIABILITY CONDITIONS 1, Bankruptcy Bankruptcy or insolvency of the insured or of the insureds estate will not relleve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a- Notice Of Occurrence Or Offense You at any additional insured must see to it that we are notified as soon as practicable of an "occurrence' or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'occurrence' or offense took place', (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence!" or offense. b. Notice Of Claim If a claim is made or "suit* is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or 'suit' and the date reoelvedf and (2) Notify us as soon as practicable, You or any additional insured must see to It that we receive written notice of the claim or . suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or 'SLil': (2) Authorize us to obtain records and other informabon.- (3) Cooperate with us In the investigation or settlement of the claim or defense against the 'suit*. and (4) Assist us, upon our request, in the enforcement of any right against any person of orgarkation which may be liable to the insured because of injury or damage to which this insurance may also applys 4,. Obligations A►t The Insureds Own Cost No insured wall, except at that insureds own cost, voluntarily make a payment, assume any obligation. or inner any expense. other than for first aid, w1thout our consent, a- Additional Insureds Other Insurance if we cover a claim or "suit" under this Coverage Part that may also be coverad by other Insurance available to an additional Insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity, However, this provision does not apply to the extent that you have agreed in a written HG 00 01 0916 Page 15 of 21 contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrenoeF, offense, claim or suit, Is known to, (1) You or any additional insured that is an individual; (2) Any parlAer, if you or The additional insured is a partnership; (3) Any manager, it you or the additional insured Is a limited liability company, (4) Any 'executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured Is a trust; or (6) Any elected of appointed official, if you or, the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured, 3. Legal Action Against Us No person or afganization has a right under this Coverage Part., 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 Part 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 Coverage fart or that are in excess of the applicable limit of insurance. An agreed settlement rreans a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we rover under Coverages A or 8 of this Coverage Part, our obibations 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 vAth all that other insurance by the method described in c. Wow. b. Excess Insurance This insurance is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis, (1) Your Work That's Fire, Extended Coverage, Builder's Risk, Installation Risk of similar cove -age for 'your wo*": (2) Promises Rentetil 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 covar 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 I — Coverage A — Bodily Injury And Property Damage Liability; (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 1,0 the extent not subject to Exclusion J. of Section I - Coverage A - Eodliy Injury And Property Oamage Liability: (6) When You Are Added As An Additional Insured To Other Insurance Any 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 Any other insurance available to an addifimal insured. However, the following provisions apply to other insurance available to any person or organization who Is an additional insured under this coverage par?. (a) Primary Insurance When Required By Contract This insurance is primary If you have agreed in a written contract or written agreement that this insurance be primary. If other Insurance is also, Page 16 of 21 HG 40 0109 16 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 niat apply to other Insurance to which the additional Insured has been added as an additional ensured. When this insurance is excess, we will have no duty under Coverages A or B to defend the Insured against any "suit" if any other Insurer has a duty to defend the insured against that "self. If no other insurer defends, we wvili undertake to do so, but we will be entitled to the insurer's rights against all those other insurers. When this insurance is excess over other Insurance. we Wil pay only our share of the amount of the loss, If any, that exceeds the stun 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 ah 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 Nought specifically to apply in excess of the Umb of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If .all of the other insurance permits contribution by equal shares, we will follow this me" 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 wilt contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the toil applicable limits of insurance of all insurers, S. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period the will compute the earned premium for that period and send notice to the first Named Insured, The due bate for audit and retrospective premiums is the date shown as the due date on the, trill. If the sum of the advance and audit premiums paid fair the policy period is greater than the earned premium, we will return the excess to the first Darned Insured. c, The first Named Insured must steep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree; (1) 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 that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure, 7. Separation Of Insureds Except with aspect to the Limits of Insurances and any rights or duties specifically assigned in this Coverage Part 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 claim is made or 'suit" is brought. S. Transfer Of Rights Of Recovery Against Others To Us a, Transfer Of Fights 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 roust do nothing after loss to HG 00 010916 Page 17 of 21 impair them, At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. 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. 9. When We Do Not Renew if we decide not to renew this: Coverage Part, we will snail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than Sit days before the expiration slate. If notice is mailed, proof of mailing will be sufficient proof of notice, SECTION V — 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; (2) Talevislon; (3) Eillboard; (4) Magazine, (5) Newspaper: or b. Any ,other public0on that is given mAdespread 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 goads or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" Means: any Idea for are 'advertiseeri 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. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that Is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged, However, '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: a. The United States of America (including Its territories and possessions), Puerto Pico and Canada; h. International waters or airspace, but only if the Injury or damage occurs in the course of travel or transportation between any places Included In a. above; or c. All rather parts of the world If the injury or damages arises out of, (1) Goods or products made or scald by you in the territory described in a. above; (2) The acUvitas of a person whose home is in the territory described in a. above, but is away for a short time can your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (Including its territories and possessions), Puerto Rico or Canada, in a "suit" can the merits according to the substantive law In such territory or in a settlement we agree to. I. "Employee" includes a "teased worker'". "Employee" does not Include a `temporary worker". S. "Employment -Related Practices" means: a., Refusal to employthat person; b. Termination ofthat person's ermployment: or c. Empkayrnent-related practices, policies, acts or omissions, sins as coordon, demotion, evaluation, reassignment, discipline, defamation, harassment, hu.miliatlon, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 1O."Hostile fire" means one which becomes uncontrollable or breaki� out from where it was intended to be. Page 18 of 21 HG QO 01 0916 11."ImpaiTed property" means tangible property. other than 'your product" or ,Your work", that cannot be used or is less useful because: a. It incorporates 'your product' ar *your work' that is known or thought to be defective, deficient, inadequate or dangerousl or b- You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or 'your work', or your fulflifing the lermsof the contractor agreement. 12."Insured contract" means: a. A contract for a lease of promises- However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III - Limits of insurance-, b. A sidetrack agreement-, c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance. to indemnify a municipality, except In connection wit work for a municipality; c An elevator maintenance agreement; U That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection, with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage' to a third person or organization, provided the 'bodily injury" or "properly damage' Is caused, in whole or in part, by you or by those acting on your behalf, Tort liability means a liability that would be im"sad by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that inderriniftes a railroad for "bodily injury" of "property damage' arising out of construction or demolition operations, within 50 feel of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph C does not W-lude that part of any contract or agreement: (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 or drawings and specifications; or (b) GiVing directions at instructions, or failing to give therm, K that is the primary cause or the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liablilty for an injury or damage arising out of the insured's rendering or failure to render professional services. Including those listed Ira (1) above and supervisory, inspection, architectural cPT 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 reiated 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 . auW; 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". IS. "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 usa principally off public roads: b. Vehicles maintained for use solely on or next to premises you own or rent a. Vehicles that travel on crawler treads: d, Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted, (1) Power cranes, shovels, loaders, diggers or drills: or (2) Road xnstruction or resurfacing equipment such as graders, scrapers or rollers-, e. Vehicles not described In si., b., c. or d. above that are not self-propelled and are maintained HG 00 0109 16 Page 19 of 21 primarily to provide mobillty to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophyslcal 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 (be transportation of persons or cargo, However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but wilt be considered "autos": (1) Equ pment designed prim ady for - (a) ,now removal: (b) Road maintenance, but not construction or resurfacing: or (c) Street cleaning: 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, geophys,14cal exploration, lighting and well servicing equipment. However, 'mobile equipment" does not Include any land vehicle that Is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle Insurance law are considered "autos,, 16."Clocurrence' 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: a. False arrest, detention or imprisonment, b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of Its owner, landlord or lessor: d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organizationrs goods, products or services4, a. Oral, written or electronic Publication. in any manner, of material that Violates a person's Tight of privacy,, f. Copying, in your "advertisement", a person's or organization's 'advertising idea' or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, In your "advertisement". 18."Pollutants' mean any solid, liquid, gaseous or thermal Irritant or contaminant, including smoke. vapor, soot, fumes, acids, alkalis, &emicals and waste, Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Prod ucts-completed operations hazard": a- Includes aft *bodily injury" and "property damage" occurring away from promises you own or rent and arising out of "your product„ or "your work" except, (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned, However, "Your worko will be deemed completed at the earliest of the following limes, (a) When all of the work called for In your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract Galls for work at more than one job site. (c) When that part of the work dona at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the some project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include 'bodily injtW or, 'property damage" arising out of- (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you. and that condition was created by the 'loading or unloading' of that vehicle by any insured; (2) The existence of tools, vninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the dassificatim, listed In the Dedarations or in a policy Schedule, states that products - Page 20 of 21 HG 00 0109 16 completed operations are subject to the General Aggregate Limit. 20. "Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physicai Injury that caused if; or b. Loss of use of tangible property that is not physically injured, All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definftion, computerized or electronically stored data, programs or software are not tangible property. Electronic data means Information, facts or programs; a. Stored as or on; b. Created or used on; or c. Transmitted to orfrom; computer software, including systems and applications software, hard or floppy disks. CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Sud" means a civil proceeding in which damages because of 'bodily injury, "properly damage" or "personal and advertising Injury' to which this insurance applies are alleged. "Suit" includes: a. An arbitration procieeding In which such damages are claimed and to which the Insured must submit or does submit with our consent: or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22.7emporary worker means a person who is furnished to you to substitute for a permanent "employee' on leave or to meet seasonal or short-term workload conditions, 23. "Volunteer worker' means a person who a. Is not your 'employee*, 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 prod act": Means: (1) Any goods or products. other than real property, manufactured, wid, handled, distributed or disposed of by., (a) You: (b) Others trading under your narnw. or (c) A person or organization whose business or ass*ls you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment famished in connection with such goods or products. b. Includes (1) 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. h. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of .Yourwork', and (2) The provIding, of or failure to provide warnings or instructions. HGOO 010916 Page 21 of 21 POLICY: 52UENOL5663 AI,PNC,WOS COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the to(lowing: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the 1nsureW than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "$MPlOyeW' Of YDUrS while using a A. Subsidiaries and Newty Acquired or covered 11auldi you don't own, hire or Formed Organizations borrow in your business or your The Named insured shown in the personal affairs. Declarations is amended to include: C- Lessors as Insureds (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that Is an "insured" under any other automobile policy or would be an "insured' under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you, and over which you Maintain majority ownership. However, the Named Insured does not include any newly formed or acquired Organization: (a) That is a partnership or joint venture, (b) That is an "Insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage that results from an "accidenT' that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. WHO IS AN INSURED - of SECTION 11 LIABILITY COVERAGE is amended to add., Paragraph A.I. - WHO IS AN INSURED - of Section It - Liability Coverage Is amended to add., e. The lessor of a covered 'aute' while the "auto" is leased to you under a written agreement If: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto, will be considered a covered 'auto" you own and not a covered "auto" you hire. D, Additional Insured if Required by Contract (1) Paragraph A. 1, - WHO IS AN INSURED - of Section 11 - Liability Coverage Is amended to add: 1. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured', but only to the extent such person or organization is liable for 'bodily l or "property damage" caused by the conduct of an 'Insured" under paragraphs a. or lti= of Who Is An Insured with regard to the ownership, maintenance or use of a coveted "auto." 2011: The Hartford (includes copyrighted material Form HA 99 16 0312 of ISO Properties. Inc- with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory It additional insured applies only if the Required by Contract "bodily injury' or "property damage" Only with respect to insurance provided to occurs: an additional insured in I,D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply, written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This Insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this Insurance be (2) How Limits Apply primary, 11 other insurance is also 0 you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in person or organlzation be added as an Other Insurance 5,d, additional insured on your policy. the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of. If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this Insurance the written contract or written Is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other In addition to Limits of Insurance shown insurance to which the additional insured Inection. the Declarations and described In this has been added as an additional insured. S (a) Additional Insureds Other Insurance When this insurance is excess. we will have no duty to defend the insured against any 'suit" if It we cover a claim or "Suit' under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that 'suilV,. It no other insurer by other Insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the Insured's rights against all Insured must submit such claim or 'suit" those other insurers. to the other Insurer for defense and When this insurance is excess over other indemnity, Insurance, we will pay only our share of the However, this provision does not apply amount of the loss. if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the logs In the contributory with the additional Insured's absence of this Insu rance 1, and awn Insurance, (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self -insured Suit or Loss arnounts under all that other insurance, It you have agreed in a written contract We will share the remaining loss, it any. by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"' you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition Is amended EVENT OF ACCIDENT, CLAIM . SUIT by adding the following, OR LOSS - OF SECTION IV - 8USINESS AUTO CONDITIONS, in the same manner as the Named Insured- C) 2011. The Hartford (includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc.. with its permission,) Page 2 of 5 It an 'employee's, personal Insurance also applies on an excess basis to a covered 'auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance, 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5, - FELLOW EMPLOYEE - of SECTION 11 - LIABILITY COVERAGE does not apply it you have workers' compensation insurance in -force covering all of your Remplicyee-s'. Coverage is excess over any other collertiW insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE It hired "autos" are covered "autos" for Liability Coverage and it Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "'autos" you hire or borrow, subject to the following Ilma, The most we will pay for "loss" to any h[Ted "auto" is-, (1) $1 DO,000- (2) The actual cash value of the damaged or stolen prop" at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned 'auW for that coverage, No deductible applies to "Ions" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions. we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own, We will also cover lass of use of the hired "auto" if it results from an "accident". you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per maccidenV. This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (it you are a limited liability company), or members of their households. PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA,a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit at $50 per day and a maxlmum limit of $1,000. 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the `loss" and the "outstanding balance" of the loantlease, "Outstanding balance" means the amount you owe on the loanAease at the time of I'lossv'Iess any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges, - lease termination fees; security deposits not returned by the lessor; oasis for extended warranties, credit life Insurance. health, accident or disability insurance purchased with the loan or lease: and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B, EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following Is added., The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. S. ELECTRONIC EOUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following, Exclusions 4.c. and 44 do not apply to equipment designed to be operated solely by use of the power from the llautoW' electrical system that, at the time of 'loss'., is: (1) Permanently installed in or upon the covered'"auto"; (2) Removable from a housing unit which is permanently Installed in or upon the covered 1'auW'; (3) An integral part of the same unit housing any electronic equipment described to Paragraphs (1) and (2) above; or L 't -j 2011, The Hartford (includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc,, with Its permission,) Page 3 of 5 (4) Necessary for the normal operation of the covered auto'" or the monitoring of [he covered mautols" operating system. b,SWion III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coveraga, Limit of Insurance, Paragraph C am each amended to add the following: S1,500 is the most we will pay for "loss' in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduoes, receives or transmits audio, visual or data signals which, at the time of "loss", is, (1) Permanently installed in or upon the covered "aunt'" in a housing, opening or other location that Is not normally used by the "auto" manufaCturer for the installation of such equipment: (2) Rernovable from a permanently installed housing unit as described in Paragraph 2,a, above or Is an Integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to e[Wronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less, 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A, - COVERAGE - of SECTION Ill - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered auto` to you; 10, GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added - No deductible applies to glass damage if the glass is repaired rather than repiaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION Ill - PHYSICAL DAMAGE COVERAGE, the following is added, If another I-IMIard Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies, (1) If the deductible under this Business Auto Coverage Form is the smallar (or smallest) deductible, I will be waived-, (2) It the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be, reduced by the amount of the smaller (or smallest) deducible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENTCLAIM. SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the 'accident" is known to: (1) You, If you are an individual; (2) A partner, if you are a partnership; (3) A member, it you are a limited liability company,, or (4) An executive officer or Insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS It you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage Is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodfly injury' or 'property damage" Is determined In a "suit,' the "suit" Is brought in the United, States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. IS. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: & 2011, The Hartford (includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc- with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with wham you have a written Contract that requires such waiver because of payments we make for damages under this Coverage Form, 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury' in SECTION V- DEFINITIONS is replaced by the following: "EWily Injury' means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2_ of the CC?IJtivtON POLICY CONDITIONS - CANCELLATION - applies except as follows: lI we cancel far any reason other than nonpayment of premium, we will mall or del-Ker to the first Named Insured written notice of cancellation at least So days before the effective data of cancellation. 8, HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total lass to a "non -hybrid" auto for which Comprehensive, Specified Causes of Lass, or Collision averages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas. we will pay an additional 10%. to a maximum of $2,600. of the "rion-hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "toss," c. Regardless of the number of autos deemed a total 1,ossa the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" Is $1 Q,Doo . For the purposes of tha coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered soleiyby electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto, 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverages Form, then such Phystat Damage Coverages .are amended to add the following, In addition to the actual cash value of the 'auto". we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed ar total loss, the most we will pay under this Vehde Wrap Coverage provision for any one "toss" Is $5,000. For purposes of this coverage provision, signs or other graphics pairded or magnatimily affixed to the vehicle are not considered vehicle wraps. 0!J 2011. The Hartford (Includes copyrighted material Farm HA 99 160312 of ISO Properties, Inc;, with its permission) Page 5 of 6 Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 DATE 01/01/21 CERTIFICATE HOLDER City of Kent Attn: Nancy Yoshitake 220 Fourth Ave South Kent, WA 98032 FF TERRA INSURANCE COMPANY CERTIFICATE OF INSURANCE This certifies that the "claims made" insurance policy (described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE POLICY NUMBER 221019 LIMITS OF LIABILITY PROJECT DESCRIPTION Professional Liability EFFECTIVE DATE 01/01/21 $3,000,000 EACH CLAIM $3,000,000 ANNUAL AGGREGATE EXPIRATION DATE 12/31/21 City of Kent, Linda Heights Pump Station Replacement. GeoEngineers No. 0410-201-00 CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 1101 S. Fawcett Avenue, Suite 200 Tacoma, WA 98402 ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) President